    [JPRT, 107th Congress]
    [From the U.S. Government Publishing Office]

                      COMMITTEE ON INTERNATIONAL RELATIONS

                         COMMITTEE ON FOREIGN RELATIONS

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

            Legislation on
            Foreign Relations
            Through 2000

    [GRAPHIC] [TIFF OMITTED] TONGRESS.#15

                                   JUNE 2001

                                   VOLUME I-A

                             OF VOLUMES I-A AND I-B

                            CURRENT LEGISLATION AND

                            RELATED EXECUTIVE ORDERS

                         U.S. House of Representatives

                                  U.S. Senate

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

                                    --------

                        U.S. GOVERNMENT PRINTING OFFICE
                               WASHINGTON : 2001
    70-363 CC

    _______________________________________________________________________

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

                      COMMITTEE ON INTERNATIONAL RELATIONS

                       HENRY J. HYDE, Illinois, Chairman

    BENJAMIN A. GILMAN, New York         TOM LANTOS, California
    JAMES A. LEACH, Iowa                 HOWARD L. BERMAN, California
    DOUG BEREUTER, Nebraska              GARY L. ACKERMAN, New York
    CHRISTOPHER H. SMITH, New Jersey     ENI F.H. FALEOMAVAEGA, American
    DAN BURTON, Indiana                  Samoa
    ELTON GALLEGLY, California           DONALD M. PAYNE, New Jersey
    ILEANA ROS-LEHTINEN, Florida         ROBERT MENENDEZ, New Jersey
    CASS BALLENGER, North Carolina       SHERROD BROWN, Ohio
    DANA ROHRABACHER, California         CYNTHIA A. McKINNEY, Georgia
    EDWARD R. ROYCE, California          ALCEE L. HASTINGS, Florida
    PETER T. KING, New York              PAT DANNER, Missouri
    STEVE CHABOT, Ohio                   EARL F. HILLIARD, Alabama
    AMO HOUGHTON, New York               BRAD SHERMAN, California
    JOHN M. McHUGH, New York             ROBERT WEXLER, Florida
    RICHARD BURR, North Carolina         JIM DAVIS, Florida
    JOHN COOKSEY, Louisiana              ELIOT L. ENGEL, New York
    THOMAS G. TANCREDO, Colorado         WILLIAM D. DELAHUNT, Massachusetts
    RON PAUL, Texas                      GREGORY W. MEEKS, New York
    NICK SMITH, Michigan                 BARBARA LEE, California
    JOSEPH R. PITTS, Pennsylvania        JOSEPH CROWLEY, New York
    DARRELL E. ISSA, California          JOSEPH M. HOEFFEL, Pennsylvania
    ERIC CANTOR, Virginia                EARL BLUMENAUER, Oregon
    JEFF FLAKE, Arizona                  SHELLEY BERKLEY, Nevada
    BRIAN D. KERNS, Indiana              GRACE NAPOLITANO, California
    JO ANN DAVIS, Virginia               ADAM B. SCHIFF, California

             Thomas E. Mooney, Sr., Staff Director/General Counsel

                   Robert R. King, Democratic Staff Director

                                     ______

                         COMMITTEE ON FOREIGN RELATIONS

                     JESSE HELMS, North Carolina, Chairman

    RICHARD G. LUGAR, Indiana            JOSEPH R. BIDEN, Jr., Delaware
    CHUCK HAGEL, Nebraska                PAUL S. SARBANES, Maryland
    GORDON H. SMITH, Oregon              CHRISTOPHER J. DODD, Connecticut
    CRAIG THOMAS, Wyoming                JOHN F. KERRY, Massachusetts
    BILL FRIST, Tennessee                RUSSELL D. FEINGOLD, Wisconsin
    LINCOLN D. CHAFEE, Rhode Island      PAUL D. WELLSTONE, Minnesota
    GEORGE ALLEN, Virginia               BARBARA BOXER, California
    SAM BROWNBACK, Kansas                ROBERT G. TORRICELLI, New Jersey
                                         BILL NELSON, Florida

                       Stephen E. Biegun, Staff Director

                     Edwin K. Hall, Minority Staff Director

                                      (ii)

                                    FOREWORD

                                  ----------

        This volume of legislation and related material is part of
    a five volume set of laws and related material frequently
    referred to by the Committees on Foreign Relations of the
    Senate and International Relations of the House of
    Representatives, amended to date and annotated to show
    pertinent history or cross references.
        Volumes I (A and B), II, III and IV contain legislation and
    related material and are republished with amendments and
    additions at the end of each annual session of Congress. Volume
    V, which contains treaties and related material, is revised
    periodically.
        We wish to express our appreciation to Dianne E. Rennack
    and C. Winston Woodland of the Foreign Affairs, Defense, and
    Trade Division of the Congressional Research Service of the
    Library of Congress who prepared volume I-A of this year's
    compilation.
                                               Henry J. Hyde,
                        Chairman, Committee on International Relations.
                                               Jesse Helms,
                              Chairman, Committee on Foreign Relations.

                                     (iii)

                                EXPLANATORY NOTE

                                  ----------

        The body of statutory law set out in this volume was in
    force, as amended, at the end of 2000.
        This volume sets out ``session law'' as originally enacted
    by Congress and published by the Archivist of the United States
    as ``slip law'' and later in the series United States Statutes
    at Large (as subsequently amended, if applicable). Amendments
    are incorporated into the text and distinguished by a footnote.
    Session law is organized in this series by subject matter in a
    manner designed to meet the needs of the Congress.
        Although laws enacted by Congress in the area of foreign
    relations are also codified by the Law Revision Counsel of the
    House of Representatives, typically in title 22 United States
    Code, those codifications are not positive law and are not, in
    most instances, the basis of further amendment by the Congress.
    Cross references to the United States Code are included as
    footnotes for the convenience of the reader.
        All Executive orders and State Department delegations of
    authority are codified and in force as of January 15, 2001.
        Corrections may be sent to Dianne Rennack at Library of
    Congress, Congressional Research Service, Washington D.C.,
    20540-7460, or by electronic mail at drennack@crs.loc.gov.

                                      (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. Foreign Assistance and Arms Export Acts......................    15
     2. Foreign Assistance Appropriations............................   740

    APPENDICES.......................................................   925

    INDEX............................................................   965

                                      (ix)

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

                             A. FOREIGN ASSISTANCE

                                    CONTENTS

                                                                       Page

    1. Foreign Assistance and Arms Export Acts.......................    15
        a. The Foreign Assistance Act of 1961, as Amended (Public Law
          87-195)....................................................    15
            Part I
                Chapter 1--Policy; Development Assistance
                  Authorizations.....................................    18
                    Section 101--General Policy......................    18
                    Section 102--Development Assistance Policy.......    19
                    Section 103--Agriculture, Rural Development, and
                        Nutrition....................................    30
                    Section 103A--Agricultural Research..............    33
                    Section 104--Population and Health...............    33
                    Section 105--Education and Human Resources
                        Development..................................    40
                    Section 106--Energy, Private Voluntary
                        Organizations, and Selected Development
                        Activities...................................    41
                    Section 107--Appropriate Technology..............    44
                    Section 108--Micro- and Small Enterprise
                        Development Credits..........................    45
                    Section 109--Transfer of Funds...................    46
                    Section 110--Cost-Sharing and Funding Limits.....    47
                    Section 111--Development and Use of Cooperatives.    47
                    Section 113--Integrating Women Into National
                        Economies....................................    48
                    Section 116--Human Rights........................    49
                    Section 117--Environment and Natural Resources...    54
                    Section 118--Tropical Forests....................    56
                    Section 119--Endangered Species..................    59
                    Section 120--Sahel Development Program--Planning.    61
                    Section 122--General Authorities.................    62
                    Section 123--Private and Voluntary Organizations
                        and Cooperatives in Overseas Development.....    63
                    Section 124--Relatively Least Developed Countries    65
                    Section 125--Project and Program Evaluation......    67
                    Section 126--Development and Illicit Narcotics
                        Production...................................    67
                    Section 127--Accelerated Loan Repayments.........    67
                    Section 128--Targeted Assistance.................    68
                    Section 129--Program to Provide Technical
                        Assistance to Foreign Governments and Foreign
                        Central Banks of Developing or Transitional
                        Countries....................................    68
                    Section 130--Assistance for Victims of Torture...    73
                    Section 131--Microenterprise Development Grant
                        Assistance...................................    74
                    Section 132--United States Microfinance Loan
                        Facility.....................................    77
                    Section 133--Programs to Encourage Good
                        Governance...................................    78
                    Section 134--Assistance to Foreign Countries to
                        Meet Minimum Standards for the Elimination of
                        Trafficking..................................    81
                Chapter 2--Other Programs............................    81
                Title I--Multilateral and Regional Development
                  Programs...........................................    82
                    Section 206--Regional Development in Africa......    82
                    Section 209--Multilateral and Regional Programs..    82
                Title II--American Schools and Hospitals Abroad;
                  Prototype Desalting Plant..........................    83
                    Section 214--American Schools and Hospitals
                        Abroad.......................................    83
                    Section 219--Prototype Desalting Plant...........    84
                Title III--Housing and Other Credit Guaranty Programs    85
                    Section 221--Housing Guaranties..................    85
                    Section 222--Authorization.......................    86
                    Section 222A--Agricultural and Productive Credit
                        and Self-Help Community Development Programs.    87
                    Section 223--General Provisions..................    89
                    Section 224--Trade Credit Insurance Program for
                        Central America..............................    92
                    Section 225--Trade Credit Insurance Program for
                        Poland.......................................    93
                    Section 226--Loan Guarantees to Israel Program...    95
                Title IV--Overseas Private Investment Corporation....    99
                    Section 231--Creation, Purpose and Policy........    99
                    Section 231A--Additional Requirements............   102
                    Section 232--Capital of the Corporation..........   104
                    Section 233--Organization and Management.........   104
                    Section 234--Investment Insurance and Other
                        Programs.....................................   106
                    Section 234A--Enhancing Private Political Risk
                        Insurance Industry...........................   112
                    Section 235--Issuing Authority, Direct Investment
                        Authority and Reserves.......................   114
                    Section 236--Income and Revenues.................   117
                    Section 237--General Provisions Relating to
                        Insurance Guaranty, and Financing Program....   117
                    Section 238--Definitions.........................   121
                    Section 239--General Provisions and Powers.......   122
                    Section 240--Small Business Development..........   126
                    Section 240A--Reports to the Congress............   126
                    Section 240B--Prohibition on Noncompetitive
                        Awarding of Insurance Contracts on OPIC
                        Supported Exports............................   128
                Title V--Disadvantaged Children in Asia..............   129
                    Section 241--Assistance to Certain Disadvantaged
                        Children in Asia.............................   129
                Title IX--Utilization of Democratic Institutions in
                  Development........................................   130
                    Section 281--Utilization of Democratic
                        Institutions in Development..................   130
                Title XII--Famine Prevention and Freedom From Hunger.   131
                    Section 296--General Provisions..................   131
                    Section 297--General Authority...................   136
                    Section 298--Board for International Food and
                        Agricultural Development.....................   138
                    Section 299--Authorization.......................   141
                    Section 300--Annual Report.......................   141
                Chapter 3--International Organizations and Programs..   142
                    Section 301--General Authority...................   142
                    Section 302--Authorization.......................   144
                    Section 303--Indus Basin Development.............   147
                    Section 305--Integration of Women................   148
                    Section 306--Reports on International
                        Organizations................................   148
                    Section 307--Withholding of United States
                        Proportionate Share for Certain Programs of
                        International Organizations..................   149
                Chapter 5--Contingencies.............................   151
                    Section 451--Contingencies.......................   151
                Chapter 6--Central America Democracy, Peace, and
                  Development Initiative.............................   152
                    Section 461--Statement of Policy.................   152
                    Section 462--Conditions on Furnishing Assistance.   153
                    Section 463--Peace Process in Central America....   153
                    Section 464--Economic Assistance Coordination....   154
                    Section 465--Authorization for Fiscal Years 1988
                        and 1989.....................................   155
                    Section 466--Definitions.........................   156
                Chapter 7--Debt-For-Nature Exchanges.................   156
                    Section 461--Definition..........................   156
                    Section 462--Assistance for Commercial Debt
                        Exchanges....................................   157
                    Section 463--Eligible Projects...................   157
                    Section 464--Eligible Countries..................   158
                    Section 465--Terms and Conditions................   158
                    Section 466--Pilot Program for Sub-Saharan Africa   159
                Chapter 8--International Narcotics Control...........   159
                    Section 481--Policy, General Authorities,
                        Coordination, Foreign Police Actions,
                        Definitions, and Other Provisions............   159
                    Section 482--Authorization.......................   165
                    Section 483--Prohibition on Use of Foreign
                        Assistance for Reimbursements for Drug Crop
                        Eradications.................................   168
                    Section 484--Requirements Relating to Aircraft
                        and Other Equipment..........................   168
                    Section 485--Records of Aircraft Use.............   170
                    Section 486--Reallocation of Funds Withheld from
                        Countries Which Fail to Take Adequate Steps
                        to Halt Illicit Drug Production or
                        Trafficking..................................   170
                    Section 487--Prohibition on Assistance to Drug
                        Traffickers..................................   171
                    Section 488--Limitations on Acquisition of Real
                        Property and Construction of Facilities......   171
                    Section 489--Reporting Requirements..............   172
                    Section 490--Annual Certification Procedures.....   176
                Chapter 9--International Disaster Assistance.........   180
                    Section 491--Policy and General Authority........   180
                    Section 492--Authorization.......................   181
                    Section 493--Disaster Assistance--Coordination...   182
                    Section 494--Disaster Relief Assistance..........   182
                    Section 495--Cyprus Relief and Rehabilitation....   182
                    Section 495B--Italy Relief and Rehabilitation....   183
                    Section 495C--Lebanon Relief and Rehabilitation..   184
                    Section 495D--Romanian Relief and Rehabilitation.   184
                    Section 495E--Turkey Relief, Rehabilitation, and
                        Reconstruction...............................   185
                    Section 495F--African Rehabilitation and
                        Resettlement.................................   185
                    Section 495G--Special Caribbean Hurricane Relief
                        Assistance...................................   186
                    Section 495H--Cambodian Disaster Relief
                        Assistance...................................   186
                    Section 495I--Assistance for Displaced Persons in
                        Central America..............................   187
                    Section 495J--Lebanon Emergency Relief,
                        Rehabilitation, and Reconstruction Assistance   188
                    Section 495K--African Famine Assistance..........   188
                Chapter 10--Development Fund for Africa..............   189
                    Section 496--Long-Term Development Assistance for
                        Sub-Saharan Africa...........................   189
                    Section 497--Authorizations of Appropriations for
                        the Development Fund for Africa..............   194
                Chapter 11--Support for the Economic and Democratic
                  Development of the Independent States of the Former
                  Soviet Union.......................................   195
                    Section 498--Assistance for the Independent
                        States.......................................   195
                    Section 498A--Criteria for Assistance to
                        Governments of the Independent States........   197
                    Section 498B--Authorities Relating to Assistance
                        and Other Provisions.........................   201
                    Section 498C--Authorization of Appropriations....   205
                Chapter 12--Support for the Economic and Political
                  Independence of the Countries of the South Caucasus
                  and Central Asia...................................   208
                    Section 499--United States Assistance to Promote
                        Reconciliation and Recovery from Regional
                        Conflicts....................................   208
                    Section 499A--Economic Assistance................   208
                    Section 499B--Development of Infrastructure......   209
                    Section 499C--Border Control Assistance..........   209
                    Section 499D--Strengthening Democracy, Tolerance,
                        and the Development of Civil Society.........   210
                    Section 499E--Administrative Authorities.........   210
                    Section 499F--Definitions........................   211
            Part II
                Chapter 1--Policy....................................   211
                    Section 501--Statement of Policy.................   211
                    Section 502--Utilization of Defense Articles and
                        Services.....................................   212
                    Section 502B--Human Rights.......................   213
                Chapter 2--Military Assistance.......................   219
                    Section 503--General Authority...................   219
                    Section 504--Authorization.......................   221
                    Section 505--Conditions of Eligibility...........   221
                    Section 506--Special Authority...................   226
                    Section 511--Considerations in Furnishing
                        Military Assistance..........................   230
                    Section 514--Stockpiling of Defense Articles for
                        Foreign Countries............................   230
                    Section 515--Overseas Management of Assistance
                        and Sales Programs...........................   233
                    Section 516--Authority to Transfer Excess Defense
                        Articles.....................................   235
                    Section 517--Designation of Major Non-NATO Allies   239
                Chapter 3--Foreign Military Sales....................   239
                    Section 524--Reimbursements......................   239
                Chapter 4--Economic Support Fund.....................   240
                    Section 531--Authority...........................   241
                    Section 532--Authorizations of Appropriations....   243
                    Section 533--Emergency Assistance................   246
                    Section 534--Administration of Justice...........   246
                Chapter 5--International Military Education and
                  Training...........................................   248
                    Section 541--General Authority...................   248
                    Section 542--Authorization.......................   249
                    Section 543--Purposes............................   249
                    Section 544--Exchange Training...................   250
                    Section 545--Training in Maritime Skills.........   250
                    Section 546--Prohibition on Grant Assistance for
                        Certain High Income Foreign Countries........   250
                    Section 547--Consultation Requirement............   251
                    Section 548--Records Regarding Foreign
                        Participants.................................   251
                Chapter 6--Peacekeeping Operations...................   251
                    Section 551--General Authority...................   251
                    Section 552--Authorization of Appropriations.....   251
                    Section 553--Administrative Authorities..........   253
                    Section 554--Data on Costs Incurred in Support of
                        United Nations Peacekeeping Operations.......   253
                Chapter 7--Air Base Construction in Israel...........   253
                    Section 561--General Authority...................   253
                    Section 562--Authorization and Utilization of
                        Funds........................................   253
                    Section 563--Waiver Authorities..................   254
                Chapter 8--Antiterrorism Assistance..................   254
                    Section 571--General Authority...................   254
                    Section 572--Purposes............................   255
                    Section 573--Limitations.........................   255
                    Section 574--Authorizations of Appropriations....   256
                    Section 575--Administrative Authorities..........   257
                Chapter 9--Nonproliferation and Export Control
                  Assistance.........................................   258
                    Section 581--Purposes............................   258
                    Section 582--Authorization of Assistance.........   258
                    Section 583--Transit Interdiction................   258
                    Section 584--Limitations.........................   259
                    Section 585--Authorization of Appropriations.....   259
            Part III
                Chapter 1--General Provisions........................   260
                    Section 601--Encouragement of Free Enterprise and
                        Private Participation........................   260
                    Section 602--Small Business......................   263
                    Section 603--Shipping on United States Vessels...   263
                    Section 604--Procurement.........................   263
                    Section 605--Retention and Use of Certain Items
                        and Funds....................................   265
                    Section 606--Patents and Technical Information...   266
                    Section 607--Furnishing of Services and
                        Commodities..................................   267
                    Section 608--Advance Acquisition of Property.....   269
                    Section 610--Transfer Between Accounts...........   270
                    Section 611--Completion of Plans and Cost
                        Estimates....................................   271
                    Section 612--Use of Foreign Currencies...........   273
                    Section 613--Accounting, Valuation, Reporting,
                        and Administration of Foreign Currencies.....   274
                    Section 614--Special Authorities.................   275
                    Section 615--Contract Authority..................   277
                    Section 616--Availability of Funds...............   277
                    Section 617--Termination of Assistance...........   277
                    Section 620--Prohibitions Against Furnishing
                        Assistance...................................   279
                    Section 620A--Prohibition on Assistance to
                        Governments Supporting International
                        Terrorism....................................   290
                    Section 620C--United States Policy Regarding the
                        Eastern Mediterranean........................   292
                    Section 620D--Prohibition on Assistance to
                        Afghanistan..................................   294
                    Section 620E--Assistance to Pakistan.............   295
                    Section 620F--Nuclear Non-Proliferation Policy in
                        South Asia...................................   298
                    Section 620G--Prohibition on Assistance to
                        Countries That Aid Terrorist States..........   300
                    Section 620G--Depleted Uranium Ammunition........   300
                    Section 620H--Prohibition on Assistance to
                        Countries That Provide Military Equipment to
                        Terrorist States.............................   301
                    Section 620I--Prohibition on Assistance to
                        Countries That Restrict United States
                        Humanitarian Assistance......................   302
                Chapter 2--Administrative Provisions.................   303
                    Section 621--Exercise of Functions...............   303
                    Section 621A--Strengthened Management Practices..   304
                    Section 622--Coordination With Foreign Policy....   304
                    Section 623--The Secretary of Defense............   305
                    Section 624--Statutory Officers..................   305
                    Section 625--Employment of Personnel.............   306
                    Section 626--Experts, Consultants, and Retired
                        Officers.....................................   308
                    Section 627--Detail of Personnel to Foreign
                        Governments..................................   309
                    Section 628--Detail of Personnel to International
                        Organizations................................   309
                    Section 629--Status of Personnel Detailed........   310
                    Section 630--Terms of Detail or Assignment.......   310
                    Section 631--Missions and Staffs Abroad..........   311
                    Section 632--Allocation and Reimbursement Among
                        Agencies.....................................   312
                    Section 633--Waivers of Certain Laws.............   314
                    Section 633A--Furnishing Information.............   314
                    Section 634--Annual Report.......................   314
                    Section 634A--Notification of Program Changes....   317
                    Section 634B--Classification of Reports..........   318
                    Section 635--General Authorities.................   318
                    Section 636--Provisions on Uses of Funds.........   321
                    Section 637--Administrative Expenses.............   326
                    Section 638--Exclusions..........................   326
                    Section 640A--False Claims and Ineligible
                        Commodities..................................   326
                    Section 640B--Coordination.......................   327
                    Section 640C--Shipping Differential..............   329
                Chapter 3--Miscellaneous Provisions..................   329
                    Section 641--Effective Date and Identification of
                        Programs.....................................   329
                    Section 642--Statutes Repealed...................   329
                    Section 643--Saving Provisions...................   330
                    Section 644--Definitions.........................   330
                    Section 645--Unexpended Balances.................   333
                    Section 646--Construction........................   333
                    Section 647--Dependable Fuel Supply..............   333
                    Section 648--Special Authorization for Use of
                        Foreign Currencies...........................   333
                    Section 650--Use of United States Armed Forces...   334
                    Section 652--Limitation Upon Exercise of Special
                        Authorities..................................   334
                    Section 653--Change in Allocation of Foreign
                        Assistance...................................   334
                    Section 654--Presidential Findings and
                        Determinations...............................   335
                    Section 655--Annual Military Assistance Report...   336
                    Section 656--Annual Foreign Military Training
                        Report.......................................   337
                    Section 660--Prohibiting Police Training.........   338
                    Section 661--Trade and Development Agency........   340
                    Section 663--Exchanges of Certain Materials......   344
                    Section 666--Discrimination Against United States
                        Personnel....................................   344
                    Section 667--Operating Expenses..................   345
            Part IV
                Enterprise for the Americas Initiative...............   346
                    Section 701--Purpose.............................   346
                    Section 702--Definitions.........................   346
                    Section 703--Eligibilty for Benefits.............   347
                    Section 704--Reduction of Certain Debt...........   348
                    Section 705--Repayment of Principal..............   349
                    Section 706--Interest on New Obligations.........   349
                    Section 707--Enterprise for the Americas Funds...   349
                    Section 708--Americas Framework Agreements.......   350
                    Section 709--Enterprise for the Americas Board...   351
                    Section 710--Annual Reports to the Congress......   352
            Part V
                Debt Reduction for Developing Countries with Tropical
                  Forests............................................   352
                    Section 801--Short Title.........................   352
                    Section 802--Findings and Purposes...............   353
                    Section 803--Definitions.........................   354
                    Section 804--Establishment of the Facility.......   355
                    Section 805--Eligiblity for Benefits.............   355
                    Section 806--Reduction of Debt Owed to the United
                        States As a Result of Concessional Loans
                        Under the Foreign Assistance Act of 1961.....   356
                    Section 807--Reduction of Debt Owed to the United
                        States As a Result of Credits Extended Under
                        Title I of the Agricultural Trade Development
                        and Assistance Act of 1954...................   357
                    Section 808--Authority to Engage in Debt-for-
                        Nature Swaps and Debt Buybacks...............   358
                    Section 809--Tropical Forest Agreement...........   359
                    Section 810--Tropical Forest Fund................   361
                    Section 811--Board...............................   361
                    Section 812--Consultations with the Congress.....   362
                    Section 813--Annual Reports to the Congress......   362
        b. Arms Export Control Act (Public Law 90-629)...............   364
        c. Assistance for International Malaria Control Act (Public
          Law 106-570) (partial text)................................   480
        d. Microenterprise for Self-Reliance and International Anti-
          Corruption Act of 2000 (Public Law 106-309) (partial text).   485
        e. Security Assistance Act of 2000 (Public Law 106-280)
          (partial text).............................................   497
        f. Global AIDS and Tuberculosis Relief Act of 2000 (Public
          Law 106-264) (partial text)................................   513
        g. Access to AIDS/HIV Pharmaceuticals and Medical
          Technologies (Executive Order 13155).......................   525
        h. International Debt Relief (Public Law 106-113) (partial
          text)......................................................   528
        i. Security Assistance Act of 1999 (Public Law 106-113)
          (partial text).............................................   533
        j. Defense Offsets Disclosure Act of 1999 (Public Law 106-
          113) (partial text)........................................   537
        k. International Arms Sales Code of Conduct Act of 1999
          (Public Law 106-113) (partial text)........................   543
        l. Torture Victims Relief....................................   545
                (1) Torture Victims Relief Reauthorization Act of
                  1999 (Public Law 106-87)...........................   545
                (2) Torture Victims Relief Act of 1998 (Public Law
                  105-320) (partial text)............................   547
        m. India-Pakistan Act of 1998 (Public Law 105-277)...........   551
        n. Agriculture Export Relief Act of 1998 (Public Law 105-194)   552
        o. Miscellaneous Authorization--Fiscal Years 1996 and 1997
          (Public Law 104-164) (partial text)........................   553
        p. Jobs Through Trade Export Act of 1994 (Public Law 103-392)
          (partial text).............................................   556
        q. Jobs Through Export Act of 1992 (Public Law 102-549)......   558
        r. Overseas Private Investment Corporation Amendments Act of
          1988 (Public Law 100-461) (partial text)...................   567
        s. Special Foreign Assistance Act of 1986 (Public Law 99-529)
          (partial text).............................................   569
        t. International Security and Development Cooperation Act of
          1985 (Public Law 99-83) (partial text).....................   575
                Section 1--Short Title and Table of Contents.........   575
            Title I--Military Assistance and Sales and Related
              Programs...............................................   575
                Section 101--Foreign Military Sales Credits..........   575
                Section 106--Guaranty Reserve Fund...................   577
                Section 129--Conventional Arms Transfers.............   577
                Section 130--Foreign Military Sales for Jordan.......   578
                Section 131--Certification Concerning AWACS Sold to
                  Saudi Arabia.......................................   579
                Section 132--Cooperative Agreements on Air Defense in
                  Central Europe.....................................   580
            Title II--Economic Support Fund..........................   582
                Section 202--Assistance for the Middle East..........   582
                Section 203--Assistance for Cyprus...................   583
                Section 204--Assistance for Portugal.................   584
                Section 205--Acquisition of Agricultural Commodities
                  Under Commodity Import Programs....................   584
                Section 206--Tied Aid Credit Program.................   584
                Section 207--Restriction on Use of Funds for Nuclear
                  Facilities.........................................   585
                Section 208--Fiscal Year 1985 Supplemental
                  Authorization......................................   585
            Title III--Development Assistance........................   585
                Section 305--Promotion of Immunization and Oral
                  Rehydration........................................   585
                Section 311--Use of Private and Voluntary
                  Organizations, Cooperatives, and the Private Sector   585
                Section 315--Minority Set-Aside......................   586
            Title IV--Other Foreign Assistance Programs..............   586
                Section 402--Voluntary Contributions to International
                  Organizations and Programs.........................   586
            Title V--International Terrorism and Foreign Airport
              Security...............................................   586
                    Part A--International Terrorism Generally
                Section 502--Coordination of All United States
                  Terrorism-Related Assistance to Foreign Countries..   587
                Section 504--Prohibition on Imports From and Exports
                  to Libya...........................................   587
                Section 505--Ban on Importing Goods and Services from
                  Countries Supporting Terrorism.....................   588
                Section 506--International Anti-Terrorism Committee..   588
                Section 507--International Terrorism Control Treaty..   588
                Section 508--State Terrorism.........................   589
                    Part B--Foreign Airport Security
                Section 551--Security Standards for Foreign Air
                  Transportation.....................................   589
                Section 554--Enforcement of International Civil
                  Aviation Organization Standards....................   589
                Section 555--International Civil Aviation Boycott of
                  Countries Supporting International Terrorism.......   589
                Section 557--Research on Airport Security Techniques
                  for Detecting Explosives...........................   590
                Section 558--Hijacking of TWA Flight 847 and Other
                  Acts of Terrorism..................................   590
                Section 559--Effective Date..........................   590
            Title VI--International Narcotics Control................   590
                Section 607--Procurement of Weapons to Defend
                  Aircraft Involved in Narcotics Control Efforts.....   590
                Section 610--Assistance for Jamaica..................   591
                Section 611--Assistance for Bolivia..................   591
                Section 612--Assistance to Peru......................   592
                Section 613--Reallocation of Funds if Conditions Not
                  Met................................................   593
                Section 615--Latin American Regional Narcotics
                  Control Organization...............................   593
                Section 616--Greater Effort by United States Armed
                  Forces to Support Narcotics Control Efforts Abroad.   593
                Section 617--Cuban Drug Trafficking..................   593
                Section 619--Drug Trafficking and the Problem of
                  Total Confidentiality of Certain Foreign Bank
                  Accounts...........................................   595
            Title VII--Western Hemisphere............................   595
                Section 702--El Salvador.............................   595
                Section 703--Assistance for Guatemala................   598
                Section 704--Refugees in Honduras....................   600
                Section 705--Promoting the Development of the Haitian
                  People and Providing for Orderly Emigration from
                  Haiti..............................................   600
                Section 706--Military Assistance for Paraguay........   601
                Section 707--Assistance for Peru.....................   602
                Section 709--Comprehensive Reports on Assistance for
                  Latin America and the Caribbean....................   602
                Section 710--Use of Private and Voluntary
                  Organizations......................................   603
                Section 713--Use of Employee Stock Ownership Plans in
                  Development Efforts................................   603
                Section 714--International Advisory Commission for
                  the Caribbean Region...............................   604
                Section 716--Rural Electrification...................   605
                Section 717--Facilitating International Commerce
                  Through Mexico.....................................   605
                Section 718--Condemning Human Rights Violations and
                  the Subversion of Other Governments by the
                  Government of Cuba.................................   606
                Section 719--Reports on Foreign Debt in Latin America   606
                Section 720--Economic Assistance for Uruguay.........   607
                Section 721--Canadian Exports to the United States...   607
                Section 722--Nicaragua...............................   608
            Title VIII--Africa.......................................   617
                Section 801--Balance-of-Payments Support for
                  Countries in Africa................................   617
                Section 802--Economic Support Assistance for Southern
                  Africa.............................................   618
                Section 803--Policy Toward South African
                  ``Homelands''......................................   619
                Section 804--Assistance for Zaire....................   620
                Section 805--Assistance for Tunisia..................   620
                Section 806--Political Settlement in Sudan...........   621
                Section 807--Elections in Liberia....................   621
                Section 808--Western Sahara..........................   621
                Section 813--Assistance for the People's Republic of
                  Mozambique.........................................   622
            Title IX--Asia...........................................   623
                Section 901--The Philippines.........................   623
                Section 903--Disadvantaged Children in Asia..........   624
                Section 904--Assistance for Afghanistan..............   625
                Section 905--Assistance for the Cambodian People.....   625
                Section 906--Prohibition on Certain Assistance for
                  the Khmer Rouge....................................   625
                Section 907--Political Settlement in Sri Lanka.......   625
                Section 908--United States Policy Toward the Republic
                  of Korea...........................................   626
            Title X--Food and Agricultural Assistance................   627
                Section 1008--Long-Term Agricultural Commodity
                  Agreements with Food Deficit Countries.............   627
            Title XI--Peace Corps....................................   627
                Section 1103--Limitation on Length of Peace Corps
                  Employment.........................................   627
                Section 1104--Peace Corps National Advisory Council..   627
            Title XII--Miscellaneous Provisions Relating to Foreign
              Assistance.............................................   627
                Section 1205--Reports on Economic Conditions in
                  Certain Countries..................................   627
                Section 1206--Egyptian-Israeli Relations.............   628
                Section 1210--Report on United States Assistance to
                  Coal Exporting Nations.............................   628
            Title XIII--Miscellaneous Provisions.....................   628
                Section 1301--Effective Date.........................   628
                Section 1302--Codification of Policy Prohibiting
                  Negotiations with the Palestine Liberation
                  Organization.......................................   628
                Section 1303--Commission for the Preservation of
                  America's Heritage Abroad..........................   629
                Section 1304--Federal Coal Export Commission.........   631
        u. International Security and Development Assistance
          Authorization Act of 1983 (Public Law 98-151) (partial
          text)......................................................   633
        v. International Security and Development Cooperation Act of
          1981 (Public Law 97-113) (partial text)....................   637
                Section 1--Short Title...............................   637
            Title I--Military Sales and Related Programs.............   637
                Section 108--Special Defense Acquisition Fund........   637
            Title II--Economic Support Fund..........................   638
                Section 203--Acquisition of Agricultural Commodities
                  and Related Products Under Commodity Import
                  Programs...........................................   638
            Title III--Development Assistance........................   638
                Section 301--Agriculture, Rural Development, and
                  Nutrition..........................................   638
            Title IV--Food for Peace Programs........................   639
                Section 403--Self-Help Measures To Increase
                  Agricultural Production; Verification of Self-Help
                  Provisions.........................................   639
            Title V--Other Assistance Programs.......................   639
                Section 502--International Narcotics Control.........   639
            Title VI--Peace Corps....................................   640
                Section 601--Establishment as an Independent Agency..   640
                Section 604--Restoration of Certain Authorities
                  Formerly Contained in the Foreign Service Act......   640
            Title VII--Miscellaneous Provisions......................   640
                Section 705--Inspector General.......................   640
                Section 708--Emergency Humanitarian Help for the
                  People of Poland...................................   640
                Section 709--Use of Certain Polish Currencies........   641
                Section 710--Findings Regarding Global Security......   641
                Section 711--World Food Security Reserves............   641
                Section 712--Findings and Declaration of Policy
                  Regarding World Hunger.............................   642
                Section 713--Reaffirmation of Support for Human
                  Rights Provisions..................................   642
                Section 714--Immigrant Visas for Taiwan..............   642
                Section 715--Lebanon.................................   642
                Section 716--Use of Chemical and Toxic Weapons.......   643
                Section 717--Financial Obligations to the United
                  Nations............................................   644
                Section 718--Condemnation of Libya for its Support of
                  International Terrorist Movements..................   644
                Section 719--United States Citizens Acting in the
                  Service of International Terrorism.................   645
                Section 720--Nonaligned Countries....................   645
                Section 721--Promoting the Development of the Haitian
                  People and Providing for Orderly Emigration from
                  Haiti..............................................   646
                Section 722--Comprehensive Analysis of Foreign
                  Assistance.........................................   646
                Section 723--External Debt Burdens of Egypt, Israel,
                  and Turkey.........................................   647
                Section 724--Nicaragua...............................   647
                Section 726--Repeal of Limitations on Assistance,
                  Sales and Sales Credits for Chile..................   648
                Section 727--Assistance for El Salvador..............   649
                Section 728--Restrictions on Military Assistance and
                  Sales to El Salvador...............................   650
                Section 729--Reporting Requirement Relating to El
                  Salvador...........................................   652
                Section 730--Restrictions on Aid to El Salvador......   653
                Section 731--El Salvadoran Refugees..................   653
                Section 734--Repeals.................................   653
                Section 735--Report on Nuclear Activities............   653
                Section 737--Prohibitions Relating to Nuclear
                  Transfers and Nuclear Detonations..................   654
        w. International Security and Development Cooperation Act of
          1980 (Public Law 96-533) (partial text)....................   655
                Section 1--Short Title...............................   655
            Title I--Military and Related Assistance and Sales
              Programs...............................................   656
                Section 106--Foreign Military Sales Authorization and
                  Aggregate Ceiling..................................   656
                Section 110--Exportation of Uranium Depleted in the
                  Isotope 235........................................   656
                Section 119--Prohibition on Military Assistance to
                  Nicaragua..........................................   657
            Title III--Development Assistance Programs...............   657
                Section 313--Assistance to the Eastern Caribbean.....   657
                Section 314--Assistance for Equatorial Guinea........   657
                Section 315--Caribbean Development Bank..............   657
                Section 316--World Hunger............................   658
                Section 317--Reduction of Postharvest Losses of Food.   658
            Title IV--Other Assistance Programs......................   658
                Section 402--International Narcotics Control.........   658
                Section 408--East Timor..............................   659
            Title V--African Development Foundation..................   659
                Section 501--Short Title.............................   659
                Section 502--Findings................................   659
                Section 503--Establishment...........................   660
                Section 504--Purposes................................   660
                Section 505--Functions...............................   660
                Section 506--Powers..................................   661
                Section 507--Management..............................   662
                Section 508--Government Corporation Control Act......   663
                Section 509--Limitation on Spending Authority........   663
                Section 510--Authorization of Appropriations.........   664
            Title VII--Miscellaneous Provisions......................   664
                Section 710--Interagency Group on Human Rights and
                  Foreign Assistance.................................   664
                Section 711--Peace in the Middle East................   665
                Section 712--Assistance for Jordan...................   665
                Section 715--Cuban Refugees..........................   665
                Section 716--Incarceration and Deportation of Certain
                  Cubans.............................................   666
                Section 717--Prohibition on Assistance to the
                  Governments of Cuba, Vietnam, and Cambodia.........   666
                Section 718--Cooperation of Other Governments in the
                  Boycott of the 1980 Summer Olympic Games in Moscow.   667
                Section 719--Elections in Uganda.....................   667
        x. International Security Assistance Act of 1979 (Public Law
          96-92) (partial text)......................................   668
                Section 1--Short Title...............................   668
                Section 17--Authorization and Aggregate Ceiling for
                  Foreign Military Sales Credits.....................   668
                Section 23--Transfer of War Reserve Material and
                  Other Property to Taiwan...........................   669
                Section 24--Ammunition Sold to Thailand..............   669
                Section 26--Shaba Airlift............................   669
                Section 27--Fiscal Year 1979 Supplemental
                  Authorization for Turkey...........................   670
        y. International Development Cooperation Act of 1979 (Public
          Law 96-53) (partial text)..................................   671
                Section 1--Short Title...............................   671
            Title I--Development Assistance..........................   671
                Section 114--International Organizations and Programs   671
                Section 125--Assistance to Latin American and
                  Caribbean Countries................................   672
                Section 126--Increased Contributions for Development
                  Assistance.........................................   672
            Title IV--Institute for Scientific and Technological
              Cooperation............................................   672
                Section 401--Statement of Policy.....................   672
                Section 402--Purposes and Establishment of the
                  Institute..........................................   673
                Section 403--Functions of the Institute..............   673
                Section 404--General Authorities.....................   674
                Section 405--Director of the Institute...............   675
                Section 406--Deputy Director and Other Statutory
                  Officers...........................................   675
                Section 407--Council on International Scientific and
                  Technological Cooperation..........................   676
                Section 408--Institute Fellowships...................   677
                Section 409--Conflict of Interest....................   678
                Section 410--Authorization of Appropriations.........   678
                Section 412--Conforming Amendments...................   678
                Section 413--Establishment in International
                  Development Cooperation Agency.....................   679
                Section 414--Expiration of Authorities...............   679
            Title V--Miscellaneous Provisions........................   679
                Section 501--Earmarking for Lebanon of Unobligated
                  Balances in the Middle East Special Requirements
                  Fund...............................................   679
                Section 502--Military Assistance to Sudan............   679
                Section 507--Nonproliferation of Nuclear Weapons.....   680
                Section 509--Refugee Crisis in Southeast Asia........   680
                Section 510--Certain Travel Expenses.................   681
                Section 512--Effective Dates.........................   681
        z. International Development and Food Assistance Act of 1978
          (Public Law 95-424) (partial text).........................   682
                Section 1--Short Title...............................   682
            Title I--Development Assistance..........................   682
                Section 117--International Organizations and Programs   682
                Section 120--Locust Plagues Control in Africa........   683
                Section 122--African Development Foundation..........   683
            Title III--Coordination and Administration of the
              Development-Related Programs and Policies of the United
              States.................................................   683
                Section 301--Declaration of Objectives...............   683
                Section 302--Implementation of Objectives............   684
            Title IV--Unified Personnel System.......................   684
                Section 401--Establishment of a Unified Personnel
                  System.............................................   684
            Title VI--Miscellaneous Provisions.......................   685
                Section 601--Reduction of Authorization..............   685
                Section 602--Prohibition of Assistance to Vietnam,
                  Cambodia, and Cuba.................................   685
                Section 603--Reports to Congress on Debt Relief
                  Agreements.........................................   685
                Section 604--Miscellaneous Repeals...................   685
                Section 605--Effective Date..........................   685
        aa. International Security Assistance Act of 1978 (Public Law
          95-384) (partial text).....................................   686
                Section 1--Short Title...............................   686
                Section 13--United States Policy Regarding the
                  Eastern Mediterranean..............................   686
                Section 23--Special Security Assistance Program for
                  the Modernization of the Armed Forces of the
                  Republic of Korea..................................   687
                Section 26--United States-Republic of China Mutual
                  Defense Treaty.....................................   688
                Section 28--Negotiations Between Israel and Egypt....   689
                Section 30--Savings Provision........................   689
        bb. International Development and Food Assistance Act of 1977
          (Public Law 95-88) (partial text)..........................   690
                Section 1--Short Title...............................   690
            Title I--International Development Assistance............   690
                Section 124--Inspector General, Foreign Assistance...   690
                Section 131--Future United States Development
                  Assistance.........................................   691
                Section 132--Limitation on Use of Funds; Missing in
                  Action in Vietnam..................................   691
                Section 133--Plan for Increased Minority Business
                  Participation in Foreign Assistance Activities.....   691
                Section 215--Effective Date..........................   693
        cc. International Security Assistance Act of 1977 (Public Law
          95-92) (partial text)......................................   694
                Section 1--Short Title...............................   694
                Section 9--Security Supporting Assistance Program for
                  Egypt..............................................   694
                Section 21--Fiscal Year Authorizations and
                  Limitations........................................   695
                Section 24--Study of Technology Transfers............   696
                Section 26--Policy Statement on United States Arms
                  Sales to Israel....................................   696
                Section 27--Review of Arms Sales Controls on Non-
                  Lethal Items.......................................   696
                Section 28--Republic of Korea........................   696
                Section 29--Piaster Conversion.......................   696
        dd. International Security Assistance and Arms Export Control
          Act of 1976 (Public Law 94-329) (partial text).............   697
                Section 106--International Military Education and
                  Training...........................................   697
                Section 201--Arms Sales Policy.......................   698
                Section 212--Control of Licenses with Respect to Arms
                  Exports and Imports................................   698
                Section 407--Control of Military Forces in the Indian
                  Ocean..............................................   699
                Section 408--United States Citizens Imprisoned in
                  Mexico.............................................   699
                Section 409--Emergency Food Needs of Portugal........   699
                Section 410--Strife in Lebanon.......................   700
                Section 412--Korea...................................   700
                Section 413--Repeal of Indochina Assistance..........   700
                Section 506--Interim Quarter Authorizations..........   701
            Title VI--Miscellaneous Provision........................   701
                Section 601--Expedited Procedure in the Senate.......   701
                Section 602--Procurements from Small Businesses......   702
                Section 605--Use of Personnel........................   702
                Section 607--Extortion and Illegal Payments..........   702
                Section 608--Extension of Airport at Pinecreek,
                  Minnesota..........................................   703
        ee. International Development and Food Assistance Act of 1975
          (Public Law 94-161) (partial text).........................   705
                Section 320--Limitation on Assistance to Chile.......   705
                Section 321--Settlement of Debt Owed the United
                  States.............................................   705
                Section 322--Participation by Other Countries in
                  Providing Assistance to Israel or Egypt............   706
        ff. Foreign Assistance Act of 1974 (Public Law 93-559)
          (partial text).............................................   707
                Section 28--Famine or Disaster Relief................   708
                Section 47--Gorgas Memorial Institute................   708
                Section 48--International Commission of Control and
                  Supervision in Vietnam.............................   708
                Section 50--Policy on the Independence of Angola,
                  Mozambique, and Guinea-Bissau......................   709
                Section 51--Conventional Arms Trade..................   710
                Section 52--Involvement of Puerto Rico in the
                  Caribbean Development Bank.........................   710
                Section 55--Policy With Respect to Countries Most
                  Seriously Affected by Food Shortages...............   711
                Section 56--Repayment of Loans in Default............   712
        gg. Foreign Assistance Act of 1973 (Public Law 93-189)
          (partial text).............................................   713
                Section 28--Asian Development Bank...................   713
                Section 30--Termination of Indochina War.............   713
                Section 31--Limitation on Use of Funds...............   713
                Section 32--Political Prisoners......................   714
                Section 33--Albert Schweitzer Hospital...............   714
                Section 34--Prisoners of War and Individuals Missing
                  in Action..........................................   714
                Section 35--Rights in Chile..........................   715
                Section 36--Revision of Social Progress Trust Fund
                  Agreement..........................................   715
                Section 39--World Food Shortages.....................   717
                Section 40--Use of Local Currencies..................   717
        hh. Foreign Assistance Act of 1971 (Public Law 92-226)
          (partial text).............................................   719
                Section 2--Food for Peace Program....................   719
                Section 403--Position of Under Secretary of State for
                  Coordinating Security Assistance...................   719
                Section 407--Periodic Authorizations for State and
                  USIA...............................................   720
                Section 410--Limitation on United Nations Assessment
                  of United States...................................   720
        ii. Special Foreign Assistance Act of 1971, as Amended
          (Public Law 91-652) (partial text).........................   721
                Section 2--Authorization of Appropriations...........   721
                Section 3--Transfer of Defense Articles to Korea.....   721
                Section 4--Transfer Limitations......................   722
                Section 6--Foreign Currencies Held in Pakistan.......   722
                Section 7--Limitation on Assistance to Cambodia......   722
        jj. Foreign Military Sales Act Amendments, 1971 (Public Law
          91-672) (partial text).....................................   723
        kk. Foreign Assistance Act of 1969, as Amended (Public Law
          91-175) (partial text).....................................   726
        ll. Foreign Assistance Act of 1968 (Public Law 90-554)
          (partial text).............................................   732
            Part V--Reappraisal of Foreign Assistance Programs.......   732
        mm. Foreign Assistance Act of 1967 (Public Law 90-137).......   734
        nn. Foreign Assistance Act of 1966 (Public Law 89-583).......   735
        oo. Foreign Assistance Act of 1965 (Public Law 89-171).......   736
        pp. Foreign Assistance Act of 1964 (Public Law 88-633)
          (partial text).............................................   737
            Part V--Religious Persecution............................   737
        qq. Foreign Assistance Act of 1963 (Public Law 88-205).......   738
        rr. Foreign Assistance Act of 1962 (Public Law 87-565).......   739
    2. Foreign Assistance Appropriations.............................   740
        a. Foreign Operations, Export Financing, and Related Programs
          Appropriations Act, 2001 (Public Law 106-429)..............   740
        b. Continuing Appropriations for Fiscal Year 2001 (Public Law
          106-275)...................................................   819
        c. Miscellaneous Appropriations Act, 2001 (Public Law 106-
          554) (partial text)........................................   825
        d. Emergency Supplemental Act, 2000 (Public Law 106-246)
          (partial text).............................................   827
        e. Foreign Operations, Export Financing, and Related Programs
          Appropriations Act, 2000 (Public Law 106-113)..............   837
        f. Miscellaneous Appropriations, 2000 (Public Law 106-113)
          (partial text).............................................   847
        g. 1999 Emergency Supplemental Appropriations Act (Public Law
          106-31) (partial text).....................................   853
        h. Foreign Operations, Export Financing, and Related Programs
          Appropriations Act, 1999 (Public Law 105-277) (partial
          text)......................................................   859
        i. Foreign Operations, Export Financing, and Related Programs
          Appropriations Act, 1997 (Public Law 104-208) (partial
          text)......................................................   867
        j. Foreign Operations, Export Financing, and Related Programs
          Appropriations Act, 1996 (Public Law 104-107)..............   874
        k. Mexican Debt Disclosure Act of 1995 (Public Law 104-6)
          (partial text).............................................   876
        l. Foreign Operations, Export Financing, and Related Programs
          Supplemental Appropriations Act, 1994 (Public Law 103-306)
          (partial text).............................................   880
        m. Foreign Operations, Export Financing, and Related Programs
          Appropriations Act, 1993 (Public Law 102-391) (partial
          text)......................................................   882
        n. Foreign Operations, Export Financing, and Related Programs
          Appropriations Act, 1991 (Public Law 101-513) (partial
          text)......................................................   886
        o. Foreign Operations, Export Financing, and Related Programs
          Appropriations Act, 1990 (Public Law 101-167) (partial
          text)......................................................   897
        p. Foreign Operations, Export Financing, and Related Programs
          Appropriations Act, 1988 (Public Law 100-202) (partial
          text)......................................................   911
        q. Foreign Assistance and Related Programs Appropriations
          Act, 1984 (Deobligation of funds for Syria) (Public Law 98-
          151) (partial text)........................................   916
        r. Title 31, United States Code--Valid Obligations...........   918

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

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

                  1. Foreign Assistance and Arms Export Acts*

               a. The Foreign Assistance Act of 1961, as Amended

    Public Law 87-195 [S. 1983], 75 Stat. 424, approved September 4, 1961,
        as amended by Public Law 87-565 [Foreign Assistance Act of 1962, S.
        2996], 76 Stat. 255, approved August 1, 1962; Public Law 87-793
        [Postal Service and Federal Employees Salary Act of 1962, H.R.
        7927], 76 Stat. 832, approved October 11, 1962; Public Law 88-205
        [H.R. 7885], 77 Stat. 379, approved December 16, 1963; Public Law
        88-426 [Government Employees Salary Reform Act of 1964, H.R.
        11049], 78 Stat. 400, approved August 14, 1964; Public Law 88-448
        [Dual Compensation Act, H.R. 7381], 78 Stat. 484, approved August
        19, 1964; Public Law 88-633 [H.R. 11380], 78 Stat. 1009, approved
        October 7, 1964; Public Law 88-638 [Amendments to Agricultural
        Trade Development and Assistance Act of 1954, as amended; S. 2687],
        78 Stat. 1035, approved October 8, 1964; Public Law 89-171 [H.R.
        7750], 79 Stat. 653, approved September 6, 1965; Public Law 89-371
        [H.R. 12169], 80 Stat. 74, approved March 18, 1966; Public Law 89-
        583 [H.R. 15750], 80 Stat. 795, approved September 19, 1966; Public
        Law 90-137 [S. 1872], 81 Stat. 445, approved November 14, 1967;
        Public Law 90-554 [H.R. 15263], 82 Stat. 960, approved October 8,
        1968; Public Law 90-629 [Foreign Military Sales Act, H.R. 15681],
        82 Stat. 1320, approved October 22, 1968; Public Law 91-175 [H.R.
        14580], 83 Stat. 805, approved December 30, 1969; Public Law 91-652
        [Special Foreign Assistance Act of 1971, H.R. 19911], 84 Stat.
        1942, approved January 5, 1971; Public Law 92-226 [S. 2819], 86
        Stat. 20, approved February 7, 1972; Public Law 92-352 [Foreign
        Relations Authorization Act of 1972, H.R. 14734], 86 Stat. 489,
        approved July 13, 1972; Public Law 93-189 [S. 1443], 87 Stat. 714,
        approved December 17, 1973; Public Law 93-333 [Foreign Disaster
        Assistance Act of 1974, H.R. 12412], 88 Stat. 290, approved July 8,
        1974; Public Law 93-390 [Overseas Private Investment Corporation
        Amendments Act of 1974, S. 2957], 88 Stat. 763, approved August 27,
        1974; Public Law 93-559 [S. 3394], 88 Stat. 1795, approved December
        30, 1974; Public Law 94-104 [S. 2230], 89 Stat. 508, approved
        October 6, 1975; Public Law 94-161 [International Development and
        Food Assistance Act of 1975, H.R. 9005], 89 Stat. 849, approved
        December 20, 1975; Public Law 94-273 [Fiscal Year Adjustment Act,
        S. 2445], 90 Stat. 375, approved April 21, 1976, Public Law 94-276
        [Guatemala Relief and Rehabilitation Act of 1976, S. 3056], 90
        Stat. 397, approved April 21, 1976; Public Law 94-329
        [International Security Assistance and Arms Export Control Act of
        1976, H.R. 13680], 90 Stat. 729, approved June 30, 1976; Public Law
        95-21 [Romanian Relief and Rehabilitation, H.R. 5717], 91 Stat. 48,
        approved April 18, 1977; Public Law 95-23 [Supplemental Military
        Assistance to Portugal for Fiscal Year 1977, S. 489], 91 Stat. 54,
        approved April 30, 1977; Public Law 95-88 [International
        Development and Food Assistance Act of 1977, H.R. 6714], 91 Stat.
        533, approved August 3, 1977; Public Law 95-92 [International
        Security Assistance Act of 1977, H.R. 6884], 91 Stat. 614, approved
        August 4, 1977; Public Law 95-105 [Foreign Relations Authorization
        Act, Fiscal Year 1978, H.R. 6689], 91 Stat. 844 at 846, approved
        August 17, 1977; Public Law 95-268 [OPIC Amendments Act of 1978,
        H.R. 9179], 92 Stat. 213, approved April 24, 1978; Public Law 95-
        384 [International Security Assistance Act of 1978, S. 3075], 92
        Stat. 730, approved September 26, 1978; Public Law 95-424
        [International Development and Food Assistance Act of 1978, H.R.
        12222], 92 Stat. 937, approved October 6, 1978; Public Law 96-35
        [Special International Security Assistance Act of 1979, S. 1007],
        93 Stat. 89, approved July 20, 1979; Public Law 96-53
        [International Development Cooperation Act of 1979, H.R. 3324], 93
        Stat. 359, approved August 14, 1979; Public Law 96-92
        [International Security Assistance Act of 1979, H.R. 3173], 93
        Stat. 701, approved October 29, 1979; Public Law 96-109 [Caribbean
        Hurricane Relief Assistance Authorization, H.R. 5218], 93 Stat.
        842, approved November 9, 1979; Public Law 96-110 [Cambodian
        Disaster Relief Assistance Authorization, H.R. 4995], 93 Stat. 843,
        approved November 13, 1979; Public Law 96-257 [Special Central
        American Assistance Act of 1979], 94 Stat. 422, approved May 31,
        1980; Public Law 96-327 [S. 1916], 94 Stat. 1026, approved August
        8, 1980; Public Law 96-450 [Intelligence Authorization Act for
        Fiscal Year 1981, S. 2597], 94 Stat. 1975 at 1981, approved October
        14, 1980; Public Law 96-465 [Foreign Service Act of 1980, H.R.
        6790], 94 Stat. 2071 at 2158; Public Law 96-525 [H.R. 8388], 94
        Stat. 3043, approved December 12, 1980; Public Law 96-533
        [International Security and Development Cooperation Act of 1980,
        H.R. 6942], 94 Stat. 3131, approved December 16, 1980; Public Law
        97-65 [OPIC Amendments Act of 1981, H.R. 3136], 95 Stat. 1021,
        approved October 16, 1981; Public Law 97-113 [International
        Security and Development Cooperation Act of 1981, S. 1196], 95
        Stat. 1519, approved December 29, 1981; Public Law 97-164 [Federal
        Courts Improvement Act, H.R. 4482], 96 Stat. 25 at 48, approved
        April 2, 1982; Public Law 97-208 [Humanitarian Assistance for the
        People of Lebanon, H.R. 6631], 96 Stat. 138, approved June 30,
        1982; Public Law 97-377 [Further Continuing Appropriations Act,
        1983; H.J. Res. 631], 96 Stat. 1830 at 1831, approved December 21,
        1982; Public Law 97-438 [H.R. 7143], 96 Stat. 2286, approved
        January 8, 1983; Public Law 98-151 [Further Continuing
        Appropriations, 1984; H.J. Res. 413], 97 Stat. 964, approved
        November 14, 1983; Public Law 98-164 [Department of State
        Authorization Act, Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat.
        1017, approved November 22, 1983; Public Law 98-473 [Continuing
        Appropriations, 1985; H.J. Res. 648], 98 Stat. 1837 at 1884,
        approved October 12, 1984; Public Law 99-8 [African Famine Relief
        and Recovery Act of 1985, S. 689], 99 Stat. 21, approved April 2,
        1985; Public Law 99-64 [Export Administration Amendments Act of
        1985, S. 883], 99 Stat. 156, approved July 12, 1985, Public Law 99-
        83 [International Security and Development Cooperation Act of 1985,
        S. 960], 99 Stat. 190, approved August 8, 1985; Public Law 99-93
        [Foreign Relations Authorization Act, Fiscal Years 1986 and 1987;
        H.R. 2068], 99 Stat. 405 at 442, approved August 16, 1985; Public
        Law 99-204 [Overseas Private Investment Corporation Amendments Act
        of 1985, S. 947], 99 Stat. 1669 approved December 23, 1985; Public
        Law 99-399 [Omnibus Diplomatic Security and Antiterrorism Act of
        1986, H.R. 4151], 100 Stat. 853, approved August 27, 1986; Public
        Law 99-440 [Comprehensive Anti-Apartheid Act of 1986, H.R. 4868],
        100 Stat. 1086, approved October 2, 1986; Public Law 99-529
        [Special Foreign Assistance Act of 1986, S. 1917], 100 Stat. 3010,
        approved October 24, 1986; Public Law 99-570 [Anti-Drug Abuse Act
        of 1986, H.R. 5484], 100 Stat. 3207, approved October 27, 1986;
        Public Law 99-661 [National Defense Authorization Act for Fiscal
        Year 1987, S. 2368], 100 Stat. 3816, approved November 14, 1986;
        Public Law 100-202 [Continuing Appropriations Act, 1988; H.J. Res.
        395], 101 Stat. 1329, approved December 22, 1987; Public Law 100-
        204 [Foreign Relations Authorization Act, Fiscal Years 1988 and
        1989; H.R. 1777], 101 Stat. 1331, approved December 22, 1987;
        Public Law 100-418 [Omnibus Trade and Competitiveness Act of 1988;
        H.R. 4848], 102 Stat. 1107, approved August 23, 1988; Public Law
        100-461 [Foreign Operations, Export Financing and Related Programs
        Appropriations Act, 1989; H.R. 4637], 102 Stat. 2268, approved
        October 1, 1988; Public Law 100-690 [International Narcotics
        Control Act of 1988; H.R. 5210], 102 Stat. 4181, approved November
        18, 1988; Public Law 101-165 [Department of Defense Appropriations
        Act, 1990; H.R. 3072], 103 Stat. 1112, approved November 21, 1989;
        Public Law 101-167 [Foreign Operations, Export Financing, and
        Related Programs Appropriations Act, 1990; H.R. 3743], 103 Stat.
        1195, approved November 21, 1989; Public Law 101-179 [Support for
        East European Democracy (SEED) Act of 1989, H.R. 3402], 103 Stat.
        1298, approved November 28, 1989; Public Law 101-189 [National
        Defense Authorization Act for Fiscal Years 1990 and 1991, H.R.
        2461], 103 Stat. 1352, approved November 29, 1989; Public Law 101-
        218 [Renewable Energy and Energy Efficiency Technology
        Competitiveness Act of 1989, S. 488], 103 Stat. 1868, approved
        December 11, 1989; Public Law 101-222 [Anti-Terrorism and Arms
        Export Amendments Act of 1989, H.R. 91], 103 Stat. 1892, approved
        December 12, 1989; Public Law 101-231 [International Narcotics
        Control Act of 1989, H.R. 3611], 103 Stat. 1954, approved December
        13, 1989; Public Law 101-240 [International Development and Finance
        Act of 1989, H.R. 2494], 103 Stat. 2492, approved December 19,
        1989; Public Law 101-302 [Dire Emergency Supplemental Appropriation
        for Disaster Assistance, Food Stamps, Unemployment Compensation
        Administration, and Other Urgent Needs, and Transfers, and Reducing
        Funds Budgeted for Military Spending Act of 1990; H.R. 4404], 104
        Stat. 213, approved May 25, 1990; Public Law 101-510 [National
        Defense Authorization Act for Fiscal Year 1991, H.R. 4739], 104
        Stat. 1485, approved November 5, 1990; Public Law 101-513 [Foreign
        Operations, Export Financing, and Related Programs Appropriations
        Act, 1991; H.R. 5114], 104 Stat. 1979, approved November 5, 1990;
        Public Law 101-604 [Aviation Security Improvement Act of 1990, H.R.
        5732], 104 Stat. 3066, approved November 16, 1990; Public Law 101-
        623 [International Narcotics Control Act of 1990, H.R. 5567], 104
        Stat. 3350, approved November 21, 1990; Public Law 102-88
        [Intelligence Authorization Act, Fiscal Year 1991; H.R. 1455], 105
        Stat. 429, approved August 14, 1991; Public Law 102-190 [National
        Defense Authorization Act for Fiscal Years 1992 and 1993; H.R.
        2100], 105 Stat. 1290, approved December 5, 1991; H.R. 2621 as
        passed by the House on June 19, 1991 [parts of which were enacted
        by reference in Public Law 102-145, as amended by Public Law 102-
        266, 106 Stat. 92, approved April 1, 1992]; Public Law 102-391
        [Foreign Operations, Export Financing, and Related Programs
        Appropriations Act, 1993; H.R. 5368], 106 Stat. 1633, approved
        October 6, 1992; Public Law 102-484 [National Defense Authorization
        Act for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, approved
        October 23, 1992; Public Law 102-511 [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 102-550 [Housing and
        Community Development Act of 1992; H.R. 5334], 106 Stat. 3672,
        approved October 28, 1992; Public Law 102-572 [Federal Courts
        Administration Act of 1992; S. 1569], 106 Stat. 4506, approved
        October 29, 1992; Public Law 102-583 [International Narcotics
        Control Act of 1992; H.R. 6187], 106 Stat. 4914, approved November
        2, 1992; Public Law 103-87 [Foreign Operations, Export Financing,
        and Related Programs Appropriations Act, 1994; H.R. 2295], 107
        Stat. 931, approved September 30, 1993; Public Law 103-149 [South
        African Democratic Transition Support Act of 1993; H.R. 3225], 107
        Stat. 1503, approved November 23, 1993; Public Law 103-160
        [National Defense Authorization Act for Fiscal Year 1994; H.R.
        2401], 107 Stat. 1547, approved November 30, 1993; Public Law 103-
        199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December
        17, 1993; Public Law 103-236 [Foreign Relations Authorization Act,
        Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved
        April 30, 1994; Public Law 103-306 [Foreign Operations, Export
        Financing, and Related Programs Appropriations Act, 1995; H.R.
        4426], 108 Stat. 1608, approved August 23, 1994; Public Law 103-392
        [Jobs Through Trade Expansion Act of 1994; H.R. 4950], 108 Stat.
        4098, approved October 22, 1994; Public Law 103-437 [United States
        Code Technical Amendments; H.R. 4777], 108 Stat. 4581, approved
        November 2, 1994; Public Law 103-447 [International Narcotics
        Control Corrections Act of 1994; H.R. 5246], 108 Stat. 4691,
        approved November 2, 1994; Public Law 104-66 [Federal Reports
        Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707,
        approved December 21, 1995; Public Law 104-99 [Foreign Operations,
        Export Financing, and Related Programs Appropriations Act, 1996;
        H.R. 1868], enacted by reference in section 301 of H.R. 2880, 110
        Stat. 26, approved January 26, 1996, enacted again as Public Law
        104-107 [H.R. 1868], 110 Stat. 704, approved February 12, 1996;
        Public Law 104-106 [National Defense Authorization Act for Fiscal
        Year 1996; S. 1124], 110 Stat. 186, approved February 10, 1996;
        Public Law 104-114 [Cuban Liberty and Democratic Solidarity
        (LIBERTAD) Act of 1996; H.R. 927], 110 Stat. 785, approved March
        12, 1996; Public Law 104-132 [Antiterrorism and Effective Death
        Penalty Act of 1996; S. 735], 110 Stat. 1214, approved April 24,
        1996; Public Law 104-164 [H.R. 3121], 110 Stat. 1421, approved July
        21, 1996; Public Law 104-188 [Small Business Job Protection Act of
        1996; H.R. 3448], 110 Stat. 1755, approved August 20, 1996; Public
        Law 104-208 [Omnibus Consolidated Appropriations Act, 1997; H.R.
        3610], 110 Stat. 3009, approved September 30, 1996; Public Law 104-
        319 [Human Rights, Refugee, and Other Foreign Relations Provisions
        Act of 1996; H.R. 4036], 110 Stat. 3864, approved October 19, 1996;
        Public Law 105-118 [Foreign Operations, Export Financing, and
        Related Programs Appropriations Act, 1998; H.R. 2159], 111 Stat.
        2386, approved November 26, 1997; Public Law 105-214 [Tropical
        Forest Conservation Act of 1998; H.R. 2870], 112 Stat. 885,
        approved July 29, 1998; Public Law 105-277 [Foreign Operations,
        Export Financing, and Related Programs Appropriations Act, 1999;
        Foreign Affairs Reform and Restructuring Act of 1998; and Foreign
        Relations Authorization Act, Fiscal Years 1998 and 1999; H.R.
        4328], 112 Stat. 2681, approved October 21, 1998; Public Law 105-
        292 [International Religious Freedom Act of 1998; H.R. 2431], 112
        Stat. 2787, approved October 27, 1998; Public Law 105-320 [Torture
        Victims Relief Act of 1998; H.R. 4309], 112 Stat. 3016, approved
        October 30, 1998; Public Law 105-362 [Federal Reports Elimination
        Act of 1998; S. 1364], 112 Stat. 3280, approved November 10, 1998;
        Public Law 106-31 [1999 Emergency Supplemental Appropriations Act;
        H.R. 1141], 113 Stat. 57, approved May 21, 1999; Public Law 106-87
        [Torture Victims Relief Reauthorization Act of 1999; H.R. 2367],
        113 Stat. 1301, approved November 3, 1999; Public Law 106-113 [Silk
        Road Strategy Act of 1999; Foreign Operations, Export Financing,
        and Related Programs Appropriations Act, 2000; H.R. 3324 enacted by
        reference in sec. 1000(a)(2) of Consolidated Appropriations Act for
        Fiscal Year 2000; H.R. 3194], 113 Stat. 1501, approved November 29,
        1999; Public Law 106-113 [Admiral James W. Nance and Meg Donovan
        Foreign Relations Authorization Act, Fiscal Years 2000 and 2001;
        H.R. 3427 enacted by reference in sec. 1000(a)(7) of Consolidated
        Appropriations Act for Fiscal Year 2000; H.R. 3194], 113 Stat.
        1501, approved November 29, 1999; Public Law 106-113 [Arms Control,
        Nonproliferation, and Security Assistance Act of 1999; division B
        of H.R. 3427, enacted by reference in sec. 1000(a)(7) of
        Consolidated Appropriations Act for Fiscal Year 2000; H.R. 3194],
        113 Stat. 1501, approved November 29, 1999; Public Law 106-158
        [Export Enhancement Act of 1999; H.R. 3381], 113 Stat. 1745,
        approved December 9, 1999; Public Law 106-200 [African Growth and
        Opportunity Act; title I of H.R. 434], 114 Stat. 252, approved May
        18, 2000; Public Law 106-264 [Global AIDS and Tuberculosis Relief
        Act of 2000; H.R. 3519], 114 Stat. 748, approved August 19, 2000;
        Public Law 106-280 [Security Assistance Act of 2000; H.R. 4919],
        114 Stat. 845, approved October 6, 2000; Public Law 106-309
        [Microenterprise for Self-Reliance and International Anti-
        Corruption Act of 2000; H.R. 1143], 114 Stat. 1078, approved
        October 17, 2000; Public Law 106-373 [Famine Prevention and Freedom
        From Hunger Improvement Act of 2000; H.R. 4002], 114 Stat. 1427,
        approved October 27, 2000; Public Law 106-386 [Victims of
        Trafficking and Violence Protection Act of 2000; H.R. 3244], 114
        Stat.1464, approved October 28, 2000; and by Public Law 106-429
        [Foreign Operations, Export Financing, and Related Programs
        Appropriations Act, 2001; H.R. 5526, enacted by reference in H.R.
        4811], 114 Stat. 1900A-3, approved November 6, 2000
    ---------------------------------------------------------------------------
        * Note.--The Foreign Assistance Act will be referred to as the FA
    Act and ``this Act.''
    ---------------------------------------------------------------------------

    AN ACT To promote the foreign policy, security, and general welfare of
     the United States by assisting peoples of the world in their efforts
    toward economic development and internal and external security, and for
                                other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as ``The Foreign Assistance Act of 1961.'' \1\
    ---------------------------------------------------------------------------
        \1\ The short title was added by sec. 111 of the FA Appropriation
    Act, 1962.
    ---------------------------------------------------------------------------

                                     PART I

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

        Sec. 101.\3\ General Policy.--(a) The Congress finds that
    fundamental political, economic, and technological changes have
    resulted in the interdependence of nations. The Congress
    declares that the individual liberties, economic prosperity,
    and security of the people of the United States are best
    sustained and enhanced in a community of nations which respect
    individual civil and economic rights and freedoms and which
    work together to use wisely the world's limited resources in an
    open and equitable international economic system. Furthermore,
    the Congress reaffirms the traditional humanitarian ideals of
    the American people and renews its commitment to assist people
    in developing countries to eliminate hunger, poverty, illness,
    and ignorance.
    ---------------------------------------------------------------------------
        \2\ Sec. 101(a) of the FA Act of 1963 struck out the words ``Short
    Title and'' in the chapter heading, which formerly read ``Short Title
    and Policy''. Sec. 2(1) of the FA Act of 1973 added the following words
    to the chapter heading: ``Development Assistance Authorizations''.
        \3\ 22 U.S.C. 2151. Sec. 101 was added by sec. 101 of the
    International Development and Food Assistance Act of 1978 (92 Stat.
    937). Previously, sec. 101 had related to the short title before being
    repealed by the FA Act of 1963. This general policy statement was
    formerly contained in sec. 102 before 1978.
    ---------------------------------------------------------------------------
        Therefore, the Congress declares that a principal objective
    of the foreign policy of the United States is the encouragement
    and sustained support of the people of developing countries in
    their efforts to acquire the knowledge and resources essential
    to development and to build the economic, political, and social
    institutions which will improve the quality of their lives.
        United States development cooperation policy should
    emphasize five \4\ principal goals:
    ---------------------------------------------------------------------------
        \4\ Sec. 203(a)(1) of the International Anti-Corruption and Good
    Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1091)
    struck out ``four'' and inserted in lieu thereof ``five''.
    ---------------------------------------------------------------------------
              (1) the alleviation of the worst physical
            manifestations of poverty among the world's poor
            majority;
              (2) the promotion of conditions enabling developing
            countries to achieve self-sustaining economic growth
            with equitable distribution of benefits;
              (3) the encouragement of development processes in
            which individual civil and economic rights are
            respected and enhanced; \5\
    ---------------------------------------------------------------------------
        \5\ Sec. 203(a) of the International Anti-Corruption and Good
    Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1091)
    struck out ``and'' at the end of para. (3), replaced a period at the
    end of para. (4) with ``; and'', and added a new para. (5).
    ---------------------------------------------------------------------------
              (4) the integration of the developing countries into
            an open and equitable international economic system;
            and
              (5) \5\ the promotion of good governance through
            combating corruption and improving transparency and
            accountability.
        The Congress declares that pursuit of these goals requires
    that development concerns be fully reflected in United States
    foreign policy and that United States development resources be
    effectively and efficiently utilized.
        (b) Under the policy guidance of the Secretary of State,
    the agency primarily responsible for administering this part
    should have the responsibility for coordinating all United
    States development-related activities.\6\
    ---------------------------------------------------------------------------
        \6\ The responsibilities of the Agency mentioned in this subsection
    were transferred to the Director of IDCA, pursuant to sec. 6 of
    Reorganization Plan No. 2 of 1979 (establishing IDCA). The
    responsibilities of the Secretary of State, insofar as they relate to
    policy guidance other than foreign policy guidance, were also
    transferred to the Director. The Reorganization Plan No. 2 of 1979
    ceased to be effective with enactment of the Foreign Affairs Reform and
    Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of
    Public Law 105-277; 112 Stat. 2681).
    ---------------------------------------------------------------------------
        Sec. 102.\7\ Development Assistance Policy.--(a) The
    Congress finds that the efforts of developing countries to
    build and maintain the social and economic institutions
    necessary to achieve self-sustaining growth and to provide
    opportunities to improve the quality of life for their people
    depend primarily upon successfully marshalling their own
    economic and human resources. The Congress recognizes that the
    magnitude of these efforts exceeds the resources of developing
    countries and therefore accepts that there will be a long-term
    need for wealthy countries to contribute additional resources
    for development purposes. The United States should take the
    lead in concert with other nations to mobilize such resources
    from public and private sources.
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 2151-1. Sec. 101 of the International Development and
    Food Assistance Act of 1978 (92 Stat. 927) struck out sec. 102, which
    concerned a statement of policy, and added a new sec. 102.
    ---------------------------------------------------------------------------
        Provision of development resources must be adapted to the
    needs and capabilities of specific developing countries. United
    States assistance to countries with low per capita incomes
    which have limited access to private external resources should
    primarily be provided on concessional terms. Assistance to
    other developing countries should generally consist of programs
    which facilitate their access to private capital markets,
    investment, and technical skills, whether directly through
    guarantee or reimbursable programs by the United States
    Government or indirectly through callable capital provided to
    the international financial institutions.
        Bilateral assistance and United States participation in
    multilateral institutions shall emphasize programs in support
    of countries which pursue development strategies designed to
    meet basic human needs and achieve self-sustaining growth with
    equity.
        The Congress declares that the principal purpose of United
    States bilateral development assistance is to help the poor
    majority of people in developing countries to participate in a
    process of equitable growth through productive work and to
    influence decisions that shape their lives, with the goal of
    increasing their incomes and their access to public services
    which will enable them to satisfy their basic needs and lead
    lives of decency, dignity, and hope. Activities shall be
    emphasized that effectively involve the poor in development by
    expanding their access to the economy through services and
    institutions at the local level, increasing their participation
    in the making of decisions that affect their lives, increasing
    labor-intensive production and the use of appropriate
    technology, expanding productive investment and services out
    from major cities to small towns and rural areas, and otherwise
    providing opportunities for the poor to improve their lives
    through their own efforts. Participation of the United States
    in multilateral institutions shall also place appropriate
    emphasis on these principles.
        (b) Assistance under this chapter should be used not only
    for the purpose of transferring financial resources to
    developing countries, but also to help countries solve
    development problems in accordance with a strategy that aims to
    insure wide participation of the poor in the benefits of
    development on a sustained basis. Moreover, assistance shall be
    provided in a prompt and effective manner, using appropriate
    United States institutions for carrying out this strategy. In
    order to achieve these objectives and the broad objectives set
    forth in section 101 and in subsection (a) of this section,
    bilateral development assistance authorized by this Act shall
    be carried out in accordance with the following principles:
              (1) Development is primarily the responsibility of
            the people of the developing countries themselves.
            Assistance from the United States shall be used in
            support of, rather than substitution for, the self-help
            efforts that are essential to successful development
            programs and shall be concentrated in those countries
            that take positive steps to help themselves. Maximum
            effort shall be made, in the administration of this
            part, to stimulate the involvement of the people in the
            development process through the encouragement of
            democratic participation in private and local
            governmental activities and institution building
            appropriate to the requirements of the recipient
            countries.
              (2) Development planning must be the responsibility
            of each sovereign country. United States assistance
            should be administered in a collaborative style to
            support the development goals chosen by each country
            receiving assistance.
              (3) United States bilateral development assistance
            should give high priority to undertakings submitted by
            host governments which directly improve the lives of
            the poorest of their people and their capacity to
            participate in the development of their countries,
            while also helping such governments enhance their
            planning, technical, and administrative capabilities
            needed to insure the success of such undertakings.
              (4) Development assistance provided under this
            chapter shall be concentrated in countries which will
            make the most effective use of such assistance to help
            satisfy basic human needs of poor people through
            equitable growth, especially in those countries having
            the greatest need for outside assistance. In order to
            make possible consistent and informed judgments in this
            respect, the President shall assess the commitment and
            progress of countries in moving toward the objectives
            and purposes of this chapter by utilizing criteria,
            including but not limited to the following:
                      (A) increase in agricultural productivity per
                    unit of land through small-farm, labor-
                    intensive agriculture;
                      (B) reduction of infant mortality;
                      (C) control of population growth;
                      (D) promotion of greater equality of income
                    distribution, including measures such as more
                    progressive taxation and more equitable returns
                    to small farmers;
                      (E) reduction of rates of unemployment and
                    underemployment; \8\
    ---------------------------------------------------------------------------
        \8\ Sec. 203(b)(1) of the International Anti-Corruption and Good
    Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1092)
    struck out ``and'' at the end of subpara. (E), replaced a period at the
    end of subpara. (F) with ``; and'', and added a new subpara. (G).
    ---------------------------------------------------------------------------
                      (F) increase in literacy; and
                      (G) \8\ progress in combating corruption and
                    improving transparency and accountability in
                    the public and private sector.
              (5) United States development assistance should focus
            on critical problems in those functional sectors which
            affect the lives of the majority of the people in the
            developing countries; food production and nutrition;
            rural development and generation of gainful employment;
            population planning and health; environment and natural
            resources; education, development administration, and
            human resources development; and energy development and
            production.\9\
    ---------------------------------------------------------------------------
        \9\ The reference to energy development and production was added by
    sec. 104(a) of the International Development Cooperation Act of 1979
    (Public Law 96-53; 93 Stat. 360).
    ---------------------------------------------------------------------------
              (6) United States assistance shall encourage and
            promote the participation of women in the national
            economies of developing countries and the improvement
            of women's status as an important means of promoting
            the total development effort.
              (7) United States bilateral assistance shall
            recognize that the prosperity of developing countries
            and effective development efforts require the adoption
            of an overall strategy that promotes the development,
            production,\9\ and efficient utilization of energy and,
            therefore, consideration shall be given to the full
            implications of such assistance on the price,
            availability, and consumption of energy in recipient
            countries.
              (8) United States cooperation in development should
            be carried out to the maximum extent possible through
            the private sector, including those institutions which
            already have ties in the developing areas, such as
            educational institutions, cooperatives, credit unions,
            free labor unions, and private and voluntary agencies.
              (9) To the maximum extent practicable, United States
            private investment should be encouraged in economic and
            social development programs to which the United States
            lends support.
              (10) Assistance shall be planned and utilized to
            encourage regional cooperation by developing countries
            in the solution of common problems and the development
            of shared resources.
              (11) Assistance efforts of the United States shall be
            planned and furnished to the maximum extent practicable
            in coordination and cooperation with assistance efforts
            of other countries, including the planning and
            implementation of programs and projects on a
            multilateral and multidonor basis.
              (12) United States bilateral development assistance
            should be concentrated on projects which do not involve
            large-scale capital transfers. However, to the extent
            that such assistance does involve large-scale capital
            transfers, it should be furnished in association with
            contributions from other countries working together in
            a multilateral framework.
              (13) \10\ United States encouragement of policy
            reforms is necessary if developing countries are to
            achieve economic growth with equity.
    ---------------------------------------------------------------------------
        \10\ Paragraphs (13), (14), (15), and (16) were added by sec. 301
    of the International Security and Development Cooperation Act of 1985
    (Public Law 99-83; 99 Stat. 190).
    ---------------------------------------------------------------------------
              (14) \10\ Development assistance should, as a
            fundamental objective, promote private sector activity
            in open and competitive markets in developing
            countries, recognizing such activity to be a productive
            and efficient means of achieving equitable and long-
            term economic growth.
              (15) \10\ United States cooperation in development
            should recognize as essential the need of developing
            countries to have access to appropriate technology in
            order to improve food and water, health and housing,
            education and employment, and agriculture and industry.
              (16) \10\ United States assistance should focus on
            establishing and upgrading the institutional capacities
            of developing countries in order to promote long-term
            development. An important component of institution
            building involves training to expand the human resource
            potential of people in developing countries.
              (17) \11\ Economic reform and development of
            effective institutions of democratic governance are
            mutually reinforcing. The successful transition of a
            developing country is dependent upon the quality of its
            economic and governance institutions. Rule of law,
            mechanisms of accountability and transparency, security
            of person, property, and investments, are but a few of
            the critical governance and economic reforms that
            underpin the sustainability of broad-based economic
            growth. Programs in support of such reforms strengthen
            the capacity of people to hold their governments
            accountable and to create economic opportunity.
    ---------------------------------------------------------------------------
        \11\ Sec. 203(b)(2) of the International Anti-Corruption and Good
    Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1092)
    added para. (17).
    ---------------------------------------------------------------------------
        (c) The Congress, recognizing the desirability of
    overcoming the worst aspects of absolute poverty by the end of
    this century by, among other measures, substantially lowering
    infant mortality and birth rates, and increasing life
    expectancy, food production, literacy, and employment,
    encourages the President to explore with other countries,
    through all appropriate channels, the feasibility of a
    worldwide cooperative effort to overcome the worst aspects of
    absolute poverty and to assure self-reliant growth in the
    developing countries by the year 2000.

              Note.--Foreign assistance appropriations for fiscal
            year 2001 are included in the Foreign Operations,
            Export Financing, and Related Programs Appropriations
            Act, 2001 (H.R. 5526, as introduced on October 24,
            2000, enacted by reference in sec. 101(a) of Public Law
            106-429; 114 Stat. 1900). Amounts appropriated by that
            Act to carry out the purposes of provisions contained
            in the Foreign Assistance Act of 1961, during fiscal
            year 2001 unless otherwise specified, are included in
            footnotes.

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

    --------------------------------------------------------------------------------------------------------------------------------------------------------
                              Note.--Prior to fiscal year 1992, Congress appropriated funds for each of the Development Assistance
                             functional accounts authorized in sections 103 through 106 of the Foreign Assistance Act of 1961. For
                             fiscal year 1992 through fiscal year 1995, however, Congress made appropriations in one lump sum for
                             all programs within sections 103 through 106, with the exception of ``Population, Development
                             Assistance''. In fiscal year 1996, Congress made appropriations in one lump sum for Development
                             Assistance. Since fiscal year 1997, Congress has made appropriations to two development accounts:
                             ``Development Assistance'' and ``Child Survival and Disease Programs Fund''.
                              For fiscal year 2001, to remain available until September 30, 2002, for the provisions of sections 103
                             through 106 and chapter 10 of part I of the Foreign Assistance Act of 1961 (Development Assistance and
                             Development Fund for Africa), title V of the International Security and Development Cooperation Act of
                             1980 (African Development Foundation), and section 401 of the Foreign Assistance Act of 1969 (Inter-
                             American Foundation), Congress appropriated $1,305,000,000. Congress also appropriated $963,000,000 in
                             fiscal year 2001, to remain available until expended, for child survival, basic education, and to
                             combat tropical and other infectious diseases, and related activities.
                              Sec. 1403 of the Miscellaneous Appropriations Act, 2001 (H.R. 5666, enacted by reference in Public Law
                             106-554; 114 Stat. 2763A-171), however, rescinded total discretionary budget authority for fiscal year
                             2001 by an amount of 0.22 percent. The section stated as follows:
                              ``Sec. 1403. (a) Government-Wide Rescissions.--There is hereby rescinded an amount equal to 0.22
                             percent of the discretionary budget authority provided (or obligation limit imposed) for fiscal year
                             2001 in this or any other Act for each department, agency, instrumentality, or entity of the Federal
                             Government, except for those programs, projects, and activities which are specifically exempted
                             elsewhere in this provision: Provided, That this exact reduction percentage shall be applied on a pro
                             rata basis only to each program, project, and activity subject to the rescission.
                              ``(b) Restrictions.--This reduction shall not be applied to the amounts appropriated in title I of
                             Public Law 106-259: Provided, That this reduction shall not be applied to the amounts appropriated in
                             division B of Public Law 106-246: Provided further, That this reduction shall not be applied to the
                             amounts appropriated under the Departments of Labor, Health and Human Services, and Education, and
                             Related Agencies Appropriations Act, 2001, as contained in this Act, or in prior Acts.
                              ``(c) Report.--The Director of the Office of Management and Budget shall include in the President's
                             budget submitted for fiscal year 2002 a report specifying the reductions made to each account pursuant
                             to this section.''.
    --------------------------------------------------------------------------------------------------------------------------------------------------------

              Note.--The Foreign Operations, Export Financing, and
            Related Programs Appropriations Act, 2001 (H.R. 5526,
            as introduced on October 24, 2000, enacted by reference
            in sec. 101(a) of Public Law 106-429; 114 Stat. 1900),
            provided the following:

                ``OBLIGATIONS DURING LAST MONTH OF AVAILABILITY

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

              Note.--Transfers Between Accounts. The Foreign
            Operations, Export Financing, and Related Programs
            Appropriations Act, 2001 (H.R. 5526, as introduced on
            October 24, 2000, enacted by reference in sec. 101(a)
            of Public Law 106-429; 114 Stat. 1900), provided the
            following:

                          ``TRANSFERS BETWEEN ACCOUNTS

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

              Note.--Availability of Funds. The Foreign Operations,
            Export Financing, and Related Programs Appropriations
            Act, 2001 (H.R. 5526, as introduced on October 24,
            2000, enacted by reference in sec. 101(a) of Public Law
            106-429; 114 Stat. 1900), provided the following:

                            ``AVAILABILITY OF FUNDS

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

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

    --------------------------------------------------------------------------------------------------------------------------------------------------------
                               Note.--Notification Requirements. The Foreign Operations, Export Financing, and Related Programs
                              Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000, enacted by reference in sec.
                              101(a) of Public Law 106-429; 114 Stat. 1900), provided the following:

                                                                   ``NOTIFICATION REQUIREMENTS

                               ``Sec. 515. (a) For the purposes of providing the executive branch with the necessary administrative
                              flexibility, none of the funds made available under this Act for `Child Survival and Disease Programs
                              Fund', `Development Assistance', `International Organizations and Programs', `Trade and Development
                              Agency', `International Narcotics Control and Law Enforcement', `Assistance for Eastern Europe and the
                              Baltic States', `Assistance for the Independent States of the Former Soviet Union', `Economic Support
                              Fund', `Peacekeeping Operations', `Operating Expenses of the Agency for International Development',
                              `Operating Expenses of the Agency for International Development Office of Inspector General',
                              `Nonproliferation, Anti-terrorism, Demining and Related Programs', `Foreign Military Financing
                              Program', `International Military Education and Training', `Peace Corps', and `Migration and Refugee
                              Assistance', shall be available for obligation for activities, programs, projects, type of materiel
                              assistance, countries, or other operations not justified or in excess of the amount justified to the
                              Appropriations Committees for obligation under any of these specific headings unless the
                              Appropriations Committees of both Houses of Congress are previously notified 15 days in advance:
                              Provided, That the President shall not enter into any commitment of funds appropriated for the
                              purposes of section 23 of the Arms Export Control Act for the provision of major defense equipment,
                              other than conventional ammunition, or other major defense items defined to be aircraft, ships,
                              missiles, or combat vehicles, not previously justified to Congress or 20 percent in excess of the
                              quantities justified to Congress unless the Committees on Appropriations are notified 15 days in
                              advance of such commitment: Provided further, That this section shall not apply to any reprogramming
                              for an activity, program, or project under chapter 1 of part I of the Foreign Assistance Act of 1961
                              of less than 10 percent of the amount previously justified to the Congress for obligation for such
                              activity, program, or project for the current fiscal year: Provided further, That the requirements of
                              this section or any similar provision of this Act or any other Act, including any prior Act requiring
                              notification in accordance with the regular notification procedures of the Committees on
                              Appropriations, may be waived if failure to do so would pose a substantial risk to human health or
                              welfare: Provided further, That in case of any such waiver, notification to the
                             Congress, or the appropriate congressional committees, shall be provided as early as practicable, but
                              in no event later than 3 days after taking the action to which such notification requirement was
                              applicable, in the context of the circumstances necessitating such waiver: Provided further, That any
                              notification provided pursuant to such a waiver shall contain an explanation of the emergency
                              circumstances.
                               ``(b) Drawdowns made pursuant to section 506(a)(2) of the Foreign Assistance Act of 1961 shall be
                              subject to the regular notification procedures of the Committees on Appropriations.''.
    --------------------------------------------------------------------------------------------------------------------------------------------------------

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

    --------------------------------------------------------------------------------------------------------------------------------------------------------
                               Note.--The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001 (H.R.
                              5526, as introduced on October 24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429;
                              114 Stat. 1900), provided the following:

                                                                      ``SPECIAL AUTHORITIES

                               ``Sec. 538. (a) Afghanistan, Lebanon, Montenegro, Victims of War, Displaced Children, and Displaced
                              Burmese.--Funds appropriated in titles I and II of this Act that are made available for Afghanistan,
                              Lebanon, Montenegro, and for victims of war, displaced children, and displaced Burmese, may be made
                              available notwithstanding any other provision of law: Provided, That any such funds that are made
                              available for Cambodia shall be subject to the provisions of section 531(e) of the Foreign Assistance
                              Act of 1961 and section 906 of the International Security and Development Cooperation Act of 1985.
                               ``(b) Tropical Forestry and Biodiversity Conservation Activities.--Funds appropriated by this Act to
                              carry out the provisions of sections 103 through 106, and chapter 4 of part II, of the Foreign
                              Assistance Act of 1961 may be used, notwithstanding any other provision of law, for the purpose of
                              supporting tropical forestry and biodiversity conservation activities and, subject to the regular
                              notification procedures of the Committees on Appropriations, energy programs aimed at reducing
                              greenhouse gas emissions: Provided, That such assistance shall be subject to sections 116, 502B, and
                              620A of the Foreign Assistance Act of 1961.
                               ``(c) Personal Services Contractors.--Funds appropriated by this Act to carry out chapter 1 of part
                              I, chapter 4 of part II, and section 667 of the Foreign Assistance Act of 1961, and title II of the
                              Agricultural Trade Development and Assistance Act of 1954, may be used by the Agency for International
                              Development to employ up to 25
                             personal services contractors in the United States, notwithstanding any other provision of law, for the
                              purpose of providing direct, interim support for new or expanded overseas programs and activities and
                              managed by the agency until permanent direct hire personnel are hired and trained: Provided, That not
                              more than 10 of such contractors shall be assigned to any bureau or office: Provided further, That
                              such funds appropriated to carry out the Foreign Assistance Act of 1961 may be made available for
                              personal services contractors assigned only to the Office of Health and Nutrition; the Office of
                              Procurement; the Bureau for Africa; the Bureau for Latin America and the Caribbean; and the Bureau for
                              Asia and the Near East: Provided further, That such funds appropriated to carry out title II of the
                              Agricultural Trade Development and Assistance Act of 1954, may be made available only for personal
                              services contractors assigned to the Office of Food for Peace.
                               ``(d)(1) Waiver.--The President may waive the provisions of section 1003 of Public Law 100-204 if the
                              President determines and certifies in writing to the Speaker of the House of Representatives and the
                              President pro tempore of the Senate that it is important to the national security interests of the
                              United States.
                               ``(2) Period of Application of Waiver.--Any waiver pursuant to paragraph (1) shall be effective for
                              no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment
                              of this Act.''.
    --------------------------------------------------------------------------------------------------------------------------------------------------------

              Note.--The Foreign Operations, Export Financing, and
            Related Programs Appropriations Act, 2001 (H.R. 5526,
            as introduced on October 24, 2000, enacted by reference
            in sec. 101(a) of Public Law 106-429; 114 Stat. 1900),
            provided the following:
              ``Sec. 558. * * *
              ``(b) Not more than 11 percent of the funds
            appropriated by this Act to carry out the provisions of
            sections 103 through 106 and chapter 4 of part II of
            the Foreign Assistance Act of 1961, that are made
            available for Latin America and the Caribbean region
            may be made available, through bilateral and Latin
            America and the Caribbean regional programs, to provide
            assistance for any country in such region.''.

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

    --------------------------------------------------------------------------------------------------------------------------------------------------------
                              Note.--The Federal Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 109 Stat. 707), as
                             amended, modified or eliminated numerous reporting requirements in law. Sec. 3003(a) of that Act
                             provided that, subject to certain restrictions, ``each provision of law requiring the submittal to
                             Congress (or any committee of the Congress) of any annual, semiannual, or other regular periodic report
                             specified on the list [prepared by the Clerk of the House of Representatives for the first session of
                             the 103rd Congress, House Document No. 103-7] * * * shall cease to be effective, with respect to that
                             requirement, May 15, 2000.''.
                              Sec. 3003(d) of that Act, however, exempted certain sections of law from the application of subsec.
                             (a). Among those exempted were several reports required by the Foreign Assistance Act of 1961 in secs.
                             116, 240A, 306, 489, 502B, and 634. Among those exempted were several reports required by the Arms
                             Export Control Act in secs. 25, 28, and 36. Among those exempted was sec. 502 of the International
                             Security and Development Cooperation Act of 1985. For a complete list of sections of law exempted from
                             the application of sec. 3003(a) of Public Law 104-66, see Legislation on Foreign Relations Through
                             2000, vol. IV.
                              Sec. 209(e) of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal
                             Years 2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
                             Stat. 1536), continued the requirement of several reports to which Public Law 104-66 would otherwise
                             have applied, including those required in secs. 118(f), 239(c), and 620C(c) of the Foreign Assistance
                             Act of 1961; sec. 1205 of the International Security and Development Cooperation Act of 1985; secs.
                             533(b) and 586J(c)(4) of the Foreign Assistance Appropriations Act, 1991. For a complete list of
                             sections of law exempted from the application of sec. 3003(a) of Public Law 104-66 by sec. 209(e) of
                             Public Law 106-113, see Legislation on Foreign Relations Through 2000, vol. IV.
    --------------------------------------------------------------------------------------------------------------------------------------------------------

        Sec. 103.\12\ Agriculture, Rural Development, and
    Nutrition.--(a)(1) In recognition of the fact that the great
    majority of the people of developing countries live in rural
    areas and are dependent on agriculture and agricultural-related
    pursuits for their livelihood, the President is authorized to
    furnish assistance, on such terms and conditions as he may
    determine, for agriculture, rural development, and nutrition--
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 2151a. Sec. 103, as added by sec. 2(3) of the FA Act
    of 1973 (87 Stat. 715), was amended and restated by sec. 103(a) of the
    International Development and Food Assistance Act of 1978 (92 Stat.
    943). Previous amendments to sec. 103 were made by sec. 2 of Public Law
    93-559 (88 Stat. 1795), sec. 302 of Public Law 94-161 (89 Stat. 856),
    and by sec. 102 of Public Law 95-88 (91 Stat. 534).
    ---------------------------------------------------------------------------
              (A) to alleviate starvation, hunger, and
            malnutrition;
              (B) to expand significantly the provision of basic
            services to rural poor people to enhance their capacity
            for self-help; and
              (C) to help create productive farm and off-farm
            employment in rural areas to provide a more viable
            economic base and enhance opportunities for improved
            incomes, living standards, and contributions by rural
            poor people to the economic and social development of
            their countries.
        (2) There are authorized to be appropriated to the
    President for purposes of this section, in addition to funds
    otherwise available for such purposes, $760,000,000 for the
    fiscal year 1986 and $760,000,000 for the fiscal year 1987.\13\
    Of these amounts, the President may use such amounts as he
    deems appropriate to carry out the provisions of section 316 of
    the International Security and Development Cooperation Act of
    1980.\14\
    ---------------------------------------------------------------------------
        \13\ The authorization figures for fiscal years 1986 and 1987 were
    added by sec. 302 of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190).
    Authorizations for recent years included: fiscal year 1975--
    $500,000,000; fiscal year 1976--$618,000,000; fiscal year 1977--
    $745,000,000; fiscal year 1978--$580,000,000; fiscal year 1979--
    $665,231,000; fiscal year 1980--$659,000,000; fiscal year 1981--
    $713,500,000; fiscal year 1982--$700,000,000; fiscal year 1983--
    $700,000,000; fiscal year 1984--$725,213,000; fiscal year 1985--no
    authorization; fiscal years 1988 through 2001--no authorization.
        \14\ Sec. 316 of the International Security and Development
    Cooperation Act of 1980 concerns world hunger and instructs the
    Director of IDCA to encourage the ongoing work of PVOs to deal with
    world hunger problems abroad.
    ---------------------------------------------------------------------------
        (3) \15\ Of the amounts authorized to be appropriated in
    paragraph; (2) for the fiscal year 1987, not less than
    $2,000,000 shall be available only for the purpose of
    controlling and eradicating amblyomman variegatum (heartwater)
    in bovine animals in the Caribbean.
    ---------------------------------------------------------------------------
        \15\ Paragraph 3 was added by sec. 1304 of Public Law 99-399 (100
    Stat. 898).
    ---------------------------------------------------------------------------
        (b)(1) Assistance provided under this section shall be used
    primarily for activities which are specifically designed to
    increase the productivity and income of the rural poor, through
    such means as creation and strengthening of local institutions
    linked to the regional and national levels; organization of a
    system of financial institutions which provide both savings and
    credit services to the poor; stimulation of small, labor-
    intensive enterprises in rural towns; improvement of marketing
    facilities and systems; expansion of rural infrastructure and
    utilities such as farm-to-market roads, water management
    systems, land improvement, energy, and storage facilities;
    establishment of more equitable and more secure land tenure
    arrangements; and creation and strengthening of systems to
    provide other services and supplies needed by farmers, such as
    extension, research, training, fertilizer, water, forestry,
    soil conservation, and improved seed, in ways which assure
    access to them by small farmers.
        (2) In circumstances where development of major
    infrastructure is necessary to achieve the objectives set forth
    in this section, assistance for that purpose should be
    furnished under this chapter in association with significant
    contributions from other countries working together in a
    multilateral framework. Infrastructure projects so assisted
    should be complemented by other measures to ensure that the
    benefits of the infrastructure reach the poor.
        (3) \16\ The Congress recognizes that the accelerating loss
    of forests and tree cover in developing countries undermines
    and offsets efforts to improve agricultural production and
    nutrition and otherwise to meet the basic human needs of the
    poor. Deforestation results in increased flooding, reduction in
    water supply for agricultural capacity, loss of firewood and
    needed wood products, and loss of valuable plants and animals.
    In order to maintain and increase forest resources, the
    President is authorized to provide assistance under this
    section for forestry projects which are essential to fulfill
    the fundamental purposes of this section. Emphasis shall be
    given to community woodlots, agroforestry, reforestation,
    protection of watershed forests, and more effective forest
    management.
    ---------------------------------------------------------------------------
        \16\ Par. (3) and subsec. (f) were added by sec. 101 of the
    International Development Cooperation Act of 1979 (Public Law 96-53; 93
    Stat. 359).
    ---------------------------------------------------------------------------
        (c) The Congress finds that the greatest potential for
    significantly expanding availability of food for people in
    rural areas and augmenting world food production at relatively
    low cost lies in increasing the productivity of small farmers
    who constitute a majority of the agricultural producers in
    developing countries. Increasing the emphasis on rural
    development and expanded food production in the poorest nations
    of the developing world is a matter of social justice and a
    principal element contributing to broadly based economic
    growth, as well as an important factor in alleviating inflation
    in the industrialized countries. In the allocation of funds
    under this section, special attention shall be given to
    increasing agricultural production in countries which have been
    designated as ``least developed'' by the United Nations General
    Assembly.
        (d) Assistance provided under this section shall also be
    used in coordination with programs carried out under section
    104 to help improve nutrition of the people of developing
    countries through encouragement of increased production of
    crops with greater nutritional value; improvement of planning,
    research, and education with respect to nutrition, particularly
    with reference to improvement and expanded use of indigenously
    produced foodstuffs; and the undertaking of pilot or
    demonstration programs explicitly addressing the problem of
    malnutrition of poor and vulnerable people. In particular, the
    President is encouraged--
              (1) to devise and carry out in partnership with
            developing countries a strategy for programs of
            nutrition and health improvement for mothers and
            children, including breast feeding; and
              (2) to provide technical, financial, and material
            support to individuals or groups at the local level for
            such programs.
        (e) Local currency proceeds from sales of commodities
    provided under the Agricultural Trade Development and
    Assistance Act of 1954 which are owned by foreign governments
    shall be used whenever practicable to carry out the provisions
    of this section.
        (f) \16\ The Congress finds that the efforts of developing
    countries to enhance their national food security deserves
    encouragement as a matter of United States development
    assistance policy. Measures complementary to assistance for
    expanding food production in developing countries are needed to
    help assure that food becomes increasingly available on a
    regular basis to the poor in such countries. Therefore, United
    States bilateral assistance under this Act and the Agricultural
    Trade Development and Assistance Act of 1954, and United States
    participation in multilateral institutions, shall emphasize
    policies and programs which assist developing countries to
    increase their national food security by improving their food
    policies and management and by strengthening national food
    reserves, with particular concern for the needs of the poor,
    through measures encouraging domestic production, building
    national food reserves, expanding available storage facilities,
    reducing postharvest food losses, and improving food
    distribution.
        (g) \17\ (1) In order to carry out the purposes of this
    section, the President may continue United States participation
    in and may make contributions to the International Fund for
    Agricultural Development.
    ---------------------------------------------------------------------------
        \17\ Sec. 1001 of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) amended and
    restated subsec. (g). Subsec. (g), in its previous form, had been added
    by sec. 301(c) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1532). It
    previously read as follows: ``In order to carry out the purposes of
    this section, the President may continue to participate in and may
    provide, on such terms and conditions as he may determine, up to
    $180,000,000 to the International Fund for Agricultural Development.
    There are authorized to be appropriated to the President for the
    purposes of this subsection $180,000,000, except that not more than
    $40,500,000 may be appropriated under this subsection for the fiscal
    year 1982. Amounts appropriated under this subsection are authorized to
    remain available until expended.''.
    ---------------------------------------------------------------------------
        (2) Of the aggregate amount authorized to be appropriated
    to carry out part I of this Act, up to $50,000,000 for fiscal
    year 1986 and up to $50,000,000 for fiscal year 1987 may be
    made available, by appropriation or by transfer, for United
    States contributions to the second replenishment of the
    International Fund for Agricultural Development.
        Sec. 103A.\18\ Agricultural Research.--Agricultural
    research carried out under this Act shall (1) take account of
    the special needs of small farmers in the determination of
    research priorities, (2) include research on the
    interrelationships among technology, institutions, and
    economic, social, environmental,\19\ and cultural factors
    affecting small-farm agriculture, and (3) make extensive use of
    field testing to adapt basic research to local conditions.
    Special emphasis shall be placed on disseminating research
    results to the farms on which they can be put to use, and
    especially on institutional and other arrangements needed to
    assure that small farmers have effective access to both new and
    existing improved technology.
    ---------------------------------------------------------------------------
        \18\ 22 U.S.C. 2151a-1. Sec. 103A was added by sec. 303 of Public
    Law 94-161 (89 Stat. 849).
        \19\ The word ``environmental,'' was added by sec. 103(d) of the
    International Development and Food Assistance Act of 1978 (92 Stat.
    945).
    ---------------------------------------------------------------------------
        Sec. 104.\20\ Population and Health.--(a) Findings.--The
    Congress recognizes that poor health conditions and
    uncontrolled population growth can vitiate otherwise successful
    development efforts.
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 2151b. Sec. 104, as added by sec. 2(3) of the FA Act
    of 1973 (87 Stat. 715), was amended and restated by sec. 104(a) of the
    International Development and Food Assistance Act of 1978 (92 Stat.
    945). Previous amendments to sec. 104 were made by sec. 4(1) of Public
    Law 93-559 (88 Stat. 1795), sec. 304 of Public Law 94-161 (89 Stat.
    857), and sec. 103 of Public Law 95-88 (91 Stat. 534).
    ---------------------------------------------------------------------------
        Large families in developing countries are the result of
    complex social and economic factors which change relatively
    slowly among the poor majority least affected by economic
    progress, as well as the result of a lack of effective birth
    control. Therefore, effective family planning depends upon
    economic and social change as well as the delivery of services
    and is often a matter of political and religious sensitivity.
    While every country has the right to determine its own policies
    with respect to population growth, voluntary population
    planning programs can make a substantial contribution to
    economic development, higher living standards, and improved
    health and nutrition.
        Good health conditions are a principal element in improved
    quality of life and contribute to the individual's capacity to
    participate in the development process, while poor health and
    debilitating disease can limit productivity.
        (b) Assistance for Population Planning.--In order to
    increase the opportunities and motivation for family planning
    and to reduce the rate of population growth, the President is
    authorized to furnish assistance, on such terms and conditions
    as he may determine, for voluntary population planning. In
    addition to the provision of family planning information and
    services, including also information and services which relate
    to and support natural family planning methods,\21\ and the
    conduct of directly relevant demographic research, population
    planning programs shall emphasize motivation for small
    families.
    ---------------------------------------------------------------------------
        \21\ The words ``, including also information and services which
    related to and support natural family planning methods,'' were added by
    sec. 302(a) of the International Security and Development Cooperation
    Act of 1980 (Public Law 96-533; 94 Stat. 3145).
    ---------------------------------------------------------------------------
        (c) \22\ Assistance for Health and Disease Prevention.--(1)
    \23\ In order to contribute to improvements in the health of
    the greatest number of poor people in developing countries, the
    President is authorized to furnish assistance, on such terms
    and conditions as he may determine, for health programs.
    Assistance under this subsection shall be used primarily for
    basic integrated health services, safe water and sanitation,
    disease prevention and control, and related health planning and
    research. The assistance shall emphasize self-sustaining
    community-based health programs by means such as training of
    health auxiliary and other appropriate personnel, support for
    the establishment and evaluation of projects that can be
    replicated on a broader scale, measures to improve management
    of health programs, and other services and suppliers to support
    health and disease prevention programs.
    ---------------------------------------------------------------------------
        \22\ Sec. 103 of the International Malaria Control Act of 2000
    (Public Law 106-570; 114 Stat. 3039; 22 U.S.C. 2151b-1) provided the
    following:
        ``sec. 103. assistance for malaria prevention, treatment, control,
    and elimination.
        ``(a) Assistance.--
    ---------------------------------------------------------------------------

              ``(1) In general.--The Administrator of the United States
            Agency for International Development, in coordination with the
            heads of other appropriate Federal agencies and nongovernmental
            organizations, shall provide assistance for the establishment
            and conduct of activities designed to prevent, treat, control,
            and eliminate malaria in countries with a high percentage of
            malaria cases.
              ``(2) Consideration of interaction among epidemics.--In
            providing assistance pursuant to paragraph (1), the
            Administrator should consider the interaction among the
            epidemics of HIV/AIDS, malaria, and tuberculosis.
              ``(3) Dissemination of information requirement.--Activities
            referred to in paragraph (1) shall include the dissemination of
            information relating to the development of vaccines and
            therapeutic agents for the prevention of malaria (including
            information relating to participation in, and the results of,
            clinical trials for such vaccines and agents conducted by
            United States Government agencies) to appropriate officials in
            such countries.
    ---------------------------------------------------------------------------
        ``(b) Authorization of Appropriations.--
    ---------------------------------------------------------------------------

              ``(1) In general.--There are authorized to be appropriated to
            carry out subsection (a) $50,000,000 for each of the fiscal
            years 2001 and 2002.
              ``(2) Availability.--Amounts appropriated pursuant to the
            authorization of appropriations under paragraph (1) are
            authorized to remain available until expended.''.
    ---------------------------------------------------------------------------
        \23\ The paragraph designation ``(1)'' and a new par. (2) were
    added by sec. 541(a) of the Foreign Assistance Appropriations Act,
    1985, as contained in the Continuing Appropriations Act, 1985 (Public
    Law 98-473). This amendment had been included as sec. 303 of H.R. 5119,
    the International Security and Development Cooperation Act of 1984, as
    passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 303 of
    H.R. 5119.
    ---------------------------------------------------------------------------
        (2) \23\ (A) In carrying out the purposes of this
    subsection, the President shall promote, encourage, and
    undertake activities designed to deal directly with the special
    health needs of children and mothers. Such activities should
    utilize simple, available technologies which can significantly
    reduce childhood mortality, such as improved and expanded
    immunization programs, oral rehydration to combat diarrhoeal
    diseases, and education programs aimed at improving nutrition
    and sanitation and at promoting child spacing. In carrying out
    this paragraph, guidance shall be sought from knowledgeable
    health professionals from outside the agency primarily
    responsible for administering this part. In addition to
    government-to-government programs, activities pursuant to this
    paragraph should include support for appropriate activities of
    the types described in this paragraph which are carried out by
    international organizations (which may include international
    organizations receiving funds under chapter 3 of this part) and
    by private and voluntary organizations, and should include
    encouragement to other donors to support such types of
    activities.
        (B) \24\ In addition to amounts otherwise available for
    such purpose, there are authorized to be appropriated to the
    President $25,000,000 for fiscal year 1986 and $75,000,000 for
    fiscal year 1987 for use in carrying out this paragraph.
    Amounts appropriated under this subparagraph are authorized to
    remain available until expended.
    ---------------------------------------------------------------------------
        \24\ Sec. 304 of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) replaced an
    authorization figure of ``$25,000,000'' with ``$25,000,000 for fiscal
    year 1986 and $25,000,000 for fiscal year 1987''. Section 103(b) of
    Public Law 99-529 (100 Stat. 3010) replaced the $25,000,000
    authorization for fiscal year 1987 with an authorization of
    $75,000,000.
        Title II of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October
    24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429;
    114 Stat. 1900A-5), provided the following:
    ---------------------------------------------------------------------------

                   ``child survival and disease programs fund
    ---------------------------------------------------------------------------
        ``For necessary expenses to carry out the provisions of chapters 1
    and 10 of part I of the Foreign Assistance Act of 1961, for child
    survival, basic education, assistance to combat tropical and other
    infectious diseases, and related activities, in addition to funds
    otherwise available for such purposes, $963,000,000, to remain
    available until expended: Provided, That this amount shall be made
    available for such activities as: (1) immunization programs; (2) oral
    rehydration programs; (3) health and nutrition programs, and related
    education programs, which address the needs of mothers and children;
    (4) water and sanitation programs; (5) assistance for displaced and
    orphaned children; (6) programs for the prevention, treatment, and
    control of, and research on, tuberculosis, HIV/AIDS, polio, malaria and
    other infectious diseases; and (7) basic education programs for
    children: Provided further, That none of the funds appropriated under
    this heading may be made available for nonproject assistance, except
    that funds may be made available for such assistance for basic
    education and ongoing health programs: Provided further, That of the
    funds appropriated under this heading, not to exceed $125,000, in
    addition to funds otherwise available for such purposes, may be used to
    monitor and provide oversight of child survival, maternal health, and
    infectious disease programs: Provided further, That the following
    amounts should be allocated as follows: $295,000,000 for child survival
    and maternal health; $30,000,000 for vulnerable children; $300,000,000
    for HIV/AIDS; $125,000,000 for other infectious diseases; $103,000,000
    for children's basic education; and $110,000,000 for UNICEF: Provided
    further, That of the funds appropriated under this heading, up to
    $50,000,000 may be made available for a United States contribution to
    the Global Fund for Children's Vaccines, up to $10,000,000 may be made
    available for the International AIDS Vaccine Initiative, and up to
    $20,000,000 may be made available for a United States contribution to
    an international HIV/AIDS fund as authorized by subtitle B, title I of
    Public Law 106-264, or a comparable international HIV/AIDS fund.''.
    ---------------------------------------------------------------------------
        (C) Appropriations pursuant to subparagraph (B) may be
    referred to as the ``Child Survival Fund.''
        (3) \25\ The Congress recognizes that the promotion of
    primary health care is a major objective of the foreign
    assistance program. The Congress further recognizes that
    simple, relatively low-cost means already exist to reduce
    incidence of communicable diseases among children, mothers, and
    infants. The promotion of vaccines for immunization, and salts
    for oral rehydration, therefore, is an essential feature of the
    health assistance program. To this end, the Congress expects
    the agency primarily responsible for administering this part to
    set as a goal the protection of not less than 80 percent of all
    children, in those countries in which such agency has
    established development programs, from immunizable diseases by
    January 1, 1991. Of the aggregate amounts made available for
    fiscal year 1987 to carry out paragraph (2) of this subsection
    (relating to the Child Survival Fund) and to carry out
    subsection (c) (relating to development assistance for health),
    $50,000,000 shall be used to carry out this paragraph.\26\
    ---------------------------------------------------------------------------
        \25\ Par. (3) was added by sec. 305 of the International Security
    and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat.
    190). Sec. 305(b) of the act provides that: ``Each annual report
    required by section 634 of the Foreign Assistance Act of 1961 shall
    describe the progress achieved during the preceding fiscal year in
    carrying out section 104(c)(3) of such Act.''.
        \26\ The last sentence of paragraph (3) was added by sec. 103(a) of
    Public Law 99-529 (100 Stat. 3010).
    ---------------------------------------------------------------------------
        (4) \27\ (A) Congress recognizes the growing international
    dilemma of children with the human immunodeficiency virus (HIV)
    and the merits of intervention programs aimed at this problem.
    Congress further recognizes that mother-to-child transmission
    prevention strategies can serve as a major force for change in
    developing regions, and it is, therefore, a major objective of
    the foreign assistance program to control the acquired immune
    deficiency syndrome (AIDS) epidemic.
    ---------------------------------------------------------------------------
        \27\ Sec. 111(a) of the Global AIDS and Tuberculosis Relief Act of
    2000 (Public Law 106-264; 114 Stat. 751) added paras. (4), (5), and
    (6).
    ---------------------------------------------------------------------------
        (B) The agency primarily responsible for administering this
    part shall--
              (i) coordinate with UNAIDS, UNICEF, WHO, national and
            local governments, and other organizations to develop
            and implement effective strategies to prevent vertical
            transmission of HIV; and
              (ii) coordinate with those organizations to increase
            intervention programs and introduce voluntary
            counseling and testing, antiretroviral drugs,
            replacement feeding, and other strategies.
        (5) \27\ (A) Congress expects the agency primarily
    responsible for administering this part to make the human
    immunodeficiency virus (HIV) and the acquired immune deficiency
    syndrome (AIDS) a priority in the foreign assistance program
    and to undertake a comprehensive, coordinated effort to combat
    HIV and AIDS.
        (B) Assistance described in subparagraph (A) shall include
    help providing--
              (i) primary prevention and education;
              (ii) voluntary testing and counseling;
              (iii) medications to prevent the transmission of HIV
            from mother to child; and
              (iv) care for those living with HIV or AIDS.
        (6) \27\ (A) In addition to amounts otherwise available for
    such purpose, there is authorized to be appropriated to the
    President $300,000,000 for each of the fiscal years 2001 and
    2002 to carry out paragraphs (4) and (5).
        (B) Of the funds authorized to be appropriated under
    subparagraph (A), not less than 65 percent is authorized to be
    available through United States and foreign nongovernmental
    organizations, including private and voluntary organizations,
    for-profit organizations, religious affiliated organizations,
    educational institutions, and research facilities.
        (C)(i) Of the funds authorized to be appropriated by
    subparagraph (A), not less than 20 percent is authorized to be
    available for programs as part of a multidonor strategy to
    address the support and education of orphans in sub-Saharan
    Africa, including AIDS orphans.
        (ii) Assistance made available under this subsection, and
    assistance made available under chapter 4 of part II to carry
    out the purposes of this subsection, may be made available
    notwithstanding any other provision of law that restricts
    assistance to foreign countries.
        (D) Of the funds authorized to be appropriated under
    subparagraph (A), not less than 8.3 percent is authorized to be
    available to carry out the prevention strategies for vertical
    transmission referred to in paragraph (4)(A).
        (E) Of the funds authorized to be appropriated by
    subparagraph (A), not more than 7 percent may be used for the
    administrative expenses of the agency primarily responsible for
    carrying out this part of this Act in support of activities
    described in paragraphs (4) and (5).
        (F) Funds appropriated under this paragraph are authorized
    to remain available until expended.
        (7) \28\ (A) Congress recognizes the growing international
    problem of tuberculosis and the impact its continued existence
    has on those nations that had previously largely controlled the
    disease. Congress further recognizes that the means exist to
    control and treat tuberculosis, and that it is therefore a
    major objective of the foreign assistance program to control
    the disease. To this end, Congress expects the agency primarily
    responsible for administering this part)--
    ---------------------------------------------------------------------------
        \28\ Sec. 203 of the Global AIDS and Tuberculosis Relief Act of
    2000 (Public Law 106-264; 114 Stat. 759) added para. (7).
    ---------------------------------------------------------------------------
              (i) to coordinate with the World Health Organization,
            the Centers for Disease Control, the National
            Institutes of Health, and other organizations toward
            the development and implementation of a comprehensive
            tuberculosis control program; and
              (ii) to set as a goal the detection of at least 70
            percent of the cases of infectious tuberculosis, and
            the cure of at least 85 percent of the cases detected,
            in those countries in which the agency has established
            development programs, by December 31, 2010.
        (B) There is authorized to be appropriated to the
    President, $60,000,000 for each of the fiscal years 2001 and
    2002 to be used to carry out this paragraph. Funds appropriated
    under this subparagraph are authorized to remain available
    until expended.
        (d) Integration of Assistance Programs.--(1) Assistance
    under this chapter shall be administered so as to give
    particular attention to the interrelationship between (A)
    population growth, and (B) development and overall improvement
    in living standards in developing countries, and to the impact
    of all programs, projects, and activities on population growth.
    All appropriate activities proposed for financing under this
    chapter shall be designed to build motivation for smaller
    families through modification of economic and social conditions
    supportive of the desire for large families, in programs such
    as education in and out of school, nutrition, disease control,
    maternal and child health services, improvements in the status
    and employment of women, agricultural production, rural
    development, and assistance to the urban poor, and through
    community-based development programs which give recognition to
    people motivated to limit the size of their families.\29\
    Population planning programs shall be coordinated with other
    programs aimed at reducing the infant mortality rate, providing
    better nutrition for pregnant women and infants, and raising
    the standard of living of the poor.
    ---------------------------------------------------------------------------
        \29\ The reference to community-based development programs was
    added by sec. 102(b) of the International Development Cooperation Act
    of 1979 (Public Law 96-53; 93 Stat. 360).
    ---------------------------------------------------------------------------
        (2) Since the problems of malnutrition, disease, and rapid
    population growth are closely related, planning for assistance
    to be provided under subsections (b) and (c) of this section
    and under section 103 shall be coordinated to the maximum
    extent practicable.
        (3) Assistance provided under this section shall emphasize
    low-cost integrated delivery systems for health, nutrition, and
    family planning for the poorest people, with particular
    attention to the needs of mothers and young children, using
    paramedical and auxiliary medical personnel, clinics and health
    posts, commercial distribution systems, and other modes of
    community outreach.
        (e) Research and Analysis.--(1) Health and population
    research and analysis carried out under this Act shall--
              (A) be undertaken to the maximum extent practicable
            in developing countries by developing country
            personnel, linked as appropriate with private and
            governmental biomedical research facilities within the
            United States;
              (B) take account of the special needs of the poor
            people of developing countries in the determination of
            research priorities; and
              (C) make extensive use of field testing to adapt
            basic research to local conditions.
        (2) The President is authorized to study the complex
    factors affecting population growth in developing countries and
    to identify factors which might motivate people to plan family
    size or to space their children.
        (f) \30\ Prohibition on Use of Funds for Abortions and
    Involuntary Sterilizations.--(1) None of the funds made
    available to carry out this part may be used to pay for the
    performance of abortions as a method of family planning or to
    motivate \31\ or coerce any person to practice abortions.
    ---------------------------------------------------------------------------
        \30\ Sec. 518 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on
    October 24, 2000, enacted by reference in sec. 101(a) of Public Law
    106-429; 114 Stat. 1900A-28), made a similar prohibition.
        Sec. 598 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001 (H.R. 5526 as introduced on October
    24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429;
    114 Stat. 1900A-61), provided the following:
    ---------------------------------------------------------------------------

                    ``authorization for population planning
    ---------------------------------------------------------------------------
        ``Sec. 598. Not to exceed $425,000,000 of the funds appropriated in
    title II of this Act may be available for population planning
    activities or other population assistance: Provided, That
    notwithstanding section 614 of the Foreign Assistance Act of 1961, or
    any other provision of law, none of such funds may be obligated or
    expended until February 15, 2001.''.
        \31\ Title II of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on
    October 24, 2000, enacted by reference in sec. 101(a) of Public Law
    106-429; 114 Stat. 1900A-7), under ``Development Assistance'', provided
    the following:
        ``That in awarding grants for natural family planning under section
    104 of the Foreign Assistance Act of 1961 no applicant shall be
    discriminated against because of such applicant's religious or
    conscientious commitment to offer only natural family planning; and,
    additionally, all such applicants shall comply with the requirements of
    the previous proviso: Provided further, That for purposes of this or
    any other Act authorizing or appropriating funds for foreign
    operations, export financing, and related programs, the term
    `motivate', as it relates to family planning assistance, shall not be
    construed to prohibit the provision, consistent with local law, of
    information or counseling about all pregnancy options: Provided
    further, That nothing in this paragraph shall be construed to alter any
    existing statutory prohibitions against abortion under section 104 of
    the Foreign Assistance Act of 1961:''.
    ---------------------------------------------------------------------------
        (2) None of the funds made available to carry out this part
    may be used to pay for the performance of involuntary
    sterilizations as a method of family planning or to coerce or
    provide any financial incentive to any person to undergo
    sterilizations.
        (3) \32\ None of the funds made available to carry out this
    part may be used to pay for any biomedical research which
    relates, in whole or in part, to methods of, or the performance
    of, abortions or involuntary sterilization as a means of family
    planning.
    ---------------------------------------------------------------------------
        \32\ Par. (3) of subsec. (f) was added by sec. 302(b) of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1532).
    ---------------------------------------------------------------------------
        (g) Authorizations of Appropriations.--(1) There are
    authorized to be appropriated to the President, in addition to
    funds otherwise available for such purposes--
              (A) $290,000,000 for fiscal year 1986 and
            $290,000,000 for fiscal year 1987 to carry out
            subsection (b) of this section; and
              (B) $205,000,000 for fiscal year 1986 and
            $180,000,000 for fiscal year 1987 to carry out
            subsection (c) of this section.
        (2) Funds appropriated under this subsection are authorized
    to remain available until expended.\33\
    ---------------------------------------------------------------------------
        \33\ The authorization figures for fiscal years 1986 and 1987 to
    carry out subsecs. (b) and (c) were added by sec. 303 of the
    International Security and Development Cooperation Act of 1985 (Public
    Law 99-83; 99 Stat. 190). Subsequently, sec. 404 of Public Law 99-529
    (100 Stat. 3341) replaced the $205,000,000 authorization for subsec.
    (c) with an authorization of $180,000,000. Authorizations under subsec.
    (b) in recent years include: fiscal year 1978--$167,000,000; fiscal
    year 1979--$224,745,000; fiscal year 1980--$201,000,000; fiscal year
    1981--$238,000,000; fiscal year 1982--$211,000,000; fiscal year 1983--
    $211,000,000; fiscal year 1984--$244,600,000; fiscal year 1985--no
    authorization; fiscal years 1988 through 2001--no authorization.
        Authorizations under subsec. (c) in recent years include: fiscal
    year 1978--$107,700,000; fiscal year 1979--$148,494,000; fiscal year
    1980--$141,000,000; fiscal year 1981--$145,300,000; fiscal year 1982--
    $133,405,000; fiscal year 1983--$133,405,000 (of the 1982 and 1983
    subsec. (c) authorizations, not less than 16 percent or $38,000,000
    whichever amount is less was made available for United Nations Fund for
    Population Activities); fiscal year 1984--$133,404,000; fiscal year
    1985--no authorization; fiscal years 1988 through 2001--no
    authorization.
        Congress did not enact an authorization for fiscal year 2001.
    Instead, the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000,
    enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat.
    1900), waived the requirement for authorization, and title II of that
    Act provided the following:
    ---------------------------------------------------------------------------

                            ``development assistance
    ---------------------------------------------------------------------------
        ``* * * Provided further, That none of the funds made available in
    this Act nor any unobligated balances from prior appropriations may be
    made available to any organization or program which, as determined by
    the President of the United States, supports or participates in the
    management of a program of coercive abortion or involuntary
    sterilization: Provided further, That none of the funds made available
    under this heading may be used to pay for the performance of abortion
    as a method of family planning or to motivate or coerce any person to
    practice abortions; and that in order to reduce reliance on abortion in
    developing nations, funds shall be available only to voluntary family
    planning projects which offer, either directly or through referral to,
    or information about access to, a broad range of family planning
    methods and services, and that any such voluntary family planning
    project shall meet the following requirements: (1) service providers or
    referral agents in the project shall not implement or be subject to
    quotas, or other numerical targets, of total number of births, number
    of family planning acceptors, or acceptors of a particular method of
    family planning (this provision shall not be construed to include the
    use of quantitative estimates or indicators for budgeting and planning
    purposes); (2) the project shall not include payment of incentives,
    bribes, gratuities, or financial reward to: (A) an individual in
    exchange for becoming a family planning acceptor; or (B) program
    personnel for achieving a numerical target or quota of total number of
    births, number of family planning acceptors, or acceptors of a
    particular method of family planning; (3) the project shall not deny
    any right or benefit, including the right of access to participate in
    any program of general welfare or the right of access to health care,
    as a consequence of any individual's decision not to accept family
    planning services; (4) the project shall provide family planning
    acceptors comprehensible information on the health benefits and risks
    of the method chosen, including those conditions that might render the
    use of the method inadvisable and those adverse side effects known to
    be consequent to the use of the method; and (5) the project shall
    ensure that experimental contraceptive drugs and devices and medical
    procedures are provided only in the context of a scientific study in
    which participants are advised of potential risks and benefits; and,
    not less than 60 days after the date on which the Administrator of the
    United States Agency for International Development determines that
    there has been a violation of the requirements contained in paragraph
    (1), (2), (3), or (5) of this proviso, or a pattern or practice of
    violations of the requirements contained in paragraph (4) of this
    proviso, the Administrator shall submit to the Committee on
    International Relations 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 containing a
    description of such violation and the corrective action taken by the
    Agency: Provided further, That in awarding grants for natural family
    planning under section 104 of the Foreign Assistance Act of 1961 no
    applicant shall be discriminated against because of such applicant's
    religious or conscientious commitment to offer only natural family
    planning; and, additionally, all such applicants shall comply with the
    requirements of the previous proviso: Provided further, That for
    purposes of this or any other Act authorizing or appropriating funds
    for foreign operations, export financing, and related programs, the
    term `motivate', as it relates to family planning assistance, shall not
    be construed to prohibit the provision, consistent with local law, of
    information or counseling about all pregnancy options: Provided
    further, That nothing in this paragraph shall be construed to alter any
    existing statutory prohibitions against abortion under section 104 of
    the Foreign Assistance Act of 1961:''.
        See also sec. 518 of that Act, relating to the prohibition on
    funding for abortions and involuntary sterilization, sec. 522, relating
    to child survival and disease prevention activities, and sec. 598,
    relating to authorization for population planning.
    ---------------------------------------------------------------------------
        Sec. 105.\34\ Education and Human Resources Development.--
    (a) \35\ In order to reduce illiteracy, to extend basic
    education, and to increase manpower training in skills related
    to development, the President is authorized to furnish
    assistance on such terms and conditions as he may determine,
    for education, public administration, and human resource
    development. There are authorized to be appropriated to the
    President for the purposes of this section, in addition to
    funds otherwise available for such purposes, $180,000,000 for
    fiscal year 1986 and $180,000,000 for fiscal year 1987, which
    are authorized to remain available until expended.\36\
    ---------------------------------------------------------------------------
        \34\ 22 U.S.C. 2151c. Sec. 105 was added by sec. 2(3) of the FA Act
    of 1973.
        \35\ Sec. 305 of Public Law 94-161 (89 Stat. 849) added subsection
    designation ``(a)'' and new subsecs. (b) and (c).
        \36\ The authorization figures for fiscal years 1986 and 1987 were
    added by sec. 306 of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190).
    Authorizations for recent years include fiscal year 1975--$92,000,000;
    fiscal year 1976--$89,200,000; fiscal year 1977--$101,800,000; fiscal
    year 1978--$84,900,000; fiscal year 1979--$126,244,000; fiscal year
    1980--$105,000,000; fiscal year 1981--$101,000,000; fiscal year 1982--
    $103,600,000; fiscal year 1983--$103,600,000; fiscal year 1984--
    $121,477,000; fiscal year 1985--no authorization; fiscal years 1988
    through 2001--no authorization.
    ---------------------------------------------------------------------------
        (b) \35\, \37\ Assistance provided under this
    section shall be used primarily to expand and strengthen
    nonformal education methods, especially those designed to
    improve productive skills of rural families and the urban poor
    and to provide them with useful information; to increase the
    relevance of formal education systems to the needs of the poor,
    especially at the primary level, through reform of curricula,
    teaching materials, and teaching methods, and improved teacher
    training; and to strengthen the management capabilities of
    institutions which enable the poor to participate in
    development. Assistance under this section shall also be
    provided for advanced education and training of people of
    developing countries in such disciplines as are required for
    planning and implementation of public and private development
    activities.\38\
    ---------------------------------------------------------------------------
        \37\ Sec. 562 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2026), added a new chapter 10 to part I of this Act, providing
    for long-term development in sub-Saharan Africa, and made conforming
    amendments by striking out paragraph designation ``(1)'' and by
    striking out paragraph (2). Paragraph (2), previously added by sec. 201
    of Public Law 99-440 (100 Stat. 1094), formerly read as follows:
        ``(2)(A)(i) Of the amounts authorized to be appropriated to carry
    out this section for the fiscal years 1987, 1988, and 1989, not less
    than $4,000,000 shall be used in each such fiscal year to finance
    education, training, and scholarships for the victims of apartheid,
    including teachers and other educational professionals, who are
    attending universities and colleges in South Africa. Amounts available
    to carry out this subparagraph shall be provided in accordance with the
    provisions of section 802(c) of the International Security and
    Development Cooperation Act of 1985.
        ``(ii) Funds made available for each such fiscal year for purposes
    of chapter 4 of part II of this Act may be used to finance such
    education, training, and scholarships in lieu of an equal amount made
    available under this subparagraph.
        ``(B)(i) In addition to amounts used for purposes of subparagraph
    (A), the agency primarily responsible for administering this part, in
    collaboration with other appropriate departments or agencies of the
    United States, shall use assistance provided under this section or
    chapter 4 of part II of this Act to finance scholarships for students
    pursuing secondary school education in South Africa. The selection of
    scholarship recipients shall be by a nationwide panel or by regional
    panels appointed by the United States chief of diplomatic mission to
    South Africa.
        ``(ii) Of the amounts authorized to be appropriated to carry out
    this section and chapter 4 of part II of this Act for the fiscal years
    1987, 1988, and 1989, up to an aggregate of $1,000,000 may be used in
    each such fiscal year for purposes of this subparagraph.
        ``(C)(i) In addition to the assistance authorized in subparagraph
    (A), the agency primarily responsible for administering this part shall
    provide assistance for in-service teacher training programs in South
    Africa through such nongovernmental organizations as TOPS or teachers'
    unions.
        ``(ii) Of the amounts authorized to be appropriated to carry out
    this section and chapter 4 of part II of this Act, up to an aggregate
    of $500,000 for the fiscal year 1987 and up to an aggregate of
    $1,000,000 for the fiscal year 1988 may be used for purposes of this
    subparagraph, subject to standard procedures for project review and
    approval.''.
        \38\ This sentence was added by sec. 103(b) of the International
    Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 360).
    ---------------------------------------------------------------------------
        (c) \37\, \39\ * * * [Repealed--1979]
    ---------------------------------------------------------------------------
        \39\ Subsec. (c), which authorized funds during fiscal year 1977
    and fiscal year 1978 for the southern African student program and the
    southern African training program, was repealed by sec. 122 of the
    International Development Cooperation Act of 1979 (Public Law 96-53; 93
    Stat. 366).
    ---------------------------------------------------------------------------
        Sec. 106.\40\ Energy, Private Voluntary Organizations, and
    Selected Development Activities.--(a)(1)(A) \41\ The Congress
    finds that energy development and production are vital elements
    in the development process, that energy shortages in developing
    countries severely limit the development process in such
    countries, that two-thirds of the developing countries which
    import oil depend on it for at least 90 percent of the energy
    which their economies require, and that the dramatic increase
    in world oil prices since 1973 has resulted in considerable
    economic hardship for many developing countries. The Congress
    is concerned that the value and purpose of much of the
    assistance provided to developing countries under sections 103,
    104, and 105 are undermined by the inability of many developing
    countries to satisfy their energy requirements. Unless the
    energy deficit of the developing countries can be narrowed by
    more fully exploiting indigenous sources of energy such as oil,
    natural gas, and coal, scarce foreign exchange will
    increasingly have to be diverted to oil imports, primarily to
    the detriment of long-term development and economic growth.
    ---------------------------------------------------------------------------
        \40\ 22 U.S.C. 2151d. Sec. 106, as added by Public Law 94-161 (89
    Stat. 849), was amended by sec. 104 of the International Development
    Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 360) by
    redesignating subsecs. (a) and (b) as (c) and (d) and by adding new
    subsecs. (a) and (b). Sec. 304(a) of the International Security and
    Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146)
    substituted the current section heading in lieu of ``Technical
    Assistance, Energy, Research, Reconstruction, and Selected Development
    Activities''. A prior version of sec. 106 (added in 1973 by Public Law
    93-189) had also been repealed by Public Law 94-161.
        See also the Energy Policy Act of 1992 (Public Law 102-486; 106
    Stat. 2776), particularly title XII, as it relates to the export of
    renewable energy technologies, and title XIII, as it relates to the
    export of clean coal technology. See Legislation on Foreign Relations
    Through 2000, vol. IV, sec. L.
        \41\ Sec. 304(b) of the International Security and Development
    Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) redesignated
    pars. (1), (2), (3), and (4) of subsec. (a) as subpars. (A), (B), (C),
    and (D), respectively; redesignated subpars. (A), (B), and (C) of
    former par. (3) as clauses (i), (ii), and (iii), respectively; and
    added a new par. (2).
    ---------------------------------------------------------------------------
        (B) \41\ The Congress recognizes that many developing
    countries lack access to the financial resources and technology
    necessary to locate, explore, and develop indigenous energy
    resources.
        (C) \41\ The Congress declares that there is potential for
    at least a moderate increase by 1990 in the production of
    energy for commercial use in the developing countries which are
    not members of the Organization of Petroleum Exporting
    Countries. In addition, there is a compelling need for vigorous
    efforts to improve the available data on the location, scale,
    and commercial exploitability of potential oil, natural gas,
    and coal reserves in developing countries, especially those
    which are not members of the Organization of Petroleum
    Exporting Countries. The Congress further declares that there
    are many benefits to be gained by the developing countries and
    by the United States and other developed countries through
    expanded efforts to expedite the location, exploration, and
    development of potential sources of energy in developing
    countries. These benefits include, but are not limited to, the
    following:
              (i) \41\ The world's energy supply would be increased
            and the fear of abrupt depletion would be lessened with
            new energy production. This could have a positive
            impact upon energy prices in international markets as
            well as a positive effect upon the balance of payments
            problems of many developing countries.
              (ii) \41\ Diversification of the world's supplies of
            energy from fossil fuels would make all countries,
            developing and developed, less susceptible to supply
            interruptions and arbitrary production and pricing
            policies.
              (iii) \41\ Even a moderate increase in energy
            production in the developing countries would improve
            their ability to expand commercial trade, foreign
            investment, and technology transfer possibilities with
            the United States and other developed countries.
        (D) \41\ Assistance for the production of energy from
    indigenous resources, as authorized by subsection (b) of this
    section, would be of direct benefit to the poor in developing
    countries because of the overwhelming impact of imported energy
    costs upon the lives of the poor and their ability to
    participate in development.
        (2) \41\ The Congress also finds that energy production
    from renewable, decentralized sources and energy conservation
    are vital elements in the development process. Inadequate
    access by the poor to energy sources as well as the prospect of
    depleted fossil fuel reserves and higher energy prices require
    an enhanced effort to expand the energy resources of developing
    countries through greater emphasis on renewable sources.
    Renewable and decentralized energy technologies have particular
    applicability for the poor, especially in rural areas.
        (b) \40\ (1) \42\ In order to help developing countries
    alleviate their energy problems by improving their ability to
    use indigenous energy resources to produce the energy needed by
    their economies, the President is authorized to furnish
    assistance, on such terms and conditions as he may determine,
    to enable such countries to prepare for and undertake
    development of their energy resources. Such assistance may
    include data collection and analysis, the training of skilled
    personnel, research on and development of suitable energy
    sources, and pilot projects to test new methods of energy
    production.
    ---------------------------------------------------------------------------
        \42\ Sec. 304(c) of the International Security and Development
    Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) redesignated
    pars. (1) and (2) of subsec. (b) as subpars. (A) and (B), respectively,
    and added a new par. (2). Subsequently, designation of subpar. (A) was
    struck out and subpar. (B) was repealed by sec. 1211(a)(2) of the
    International Security and Development Cooperation Act of 1985 (Public
    Law 99-83; 99 Stat. 279). Subpar. (B) previously read as follows: ``Of
    the funds made available to carry out this section, up to $7,000,000
    for the fiscal year 1981 shall be used for purposes of paragraph (A) to
    facilitate geological and geophysical survey work to locate potential
    oil, natural gas, and coal reserves and to encourage exploration for
    potential oil, natural gas, and coal reserves in developing countries
    which are not members of the Organization of Petroleum Exporting
    Countries''.
    ---------------------------------------------------------------------------
        (2) \42\ The President is authorized to furnish assistance
    under this chapter for cooperative programs with developing
    countries in energy production and conservation through
    research on and development and use of small-scale,
    decentralized, renewable energy sources for rural areas carried
    out as integral parts of rural development efforts in
    accordance with section 103 of this Act. Such programs shall
    also be directed toward the earliest practicable development
    and use of energy technologies which are environmentally
    acceptable, require minimum capital investment, are most
    acceptable to and affordable by the people using them, are
    simple and inexpensive to use and maintain, and are
    transferable from one region of the world to another. Such
    programs may include research on and the development,
    demonstration, and application of suitable energy technologies
    (including use of wood); analysis of energy uses, needs, and
    resources; training and institutional development; and
    scientific interchange.
        (c) \43\ The agency primarily responsible for administering
    this part and the Department of Energy shall coordinate with
    one another, to the maximum extent possible, the planning and
    implementation of energy programs under this chapter.
    ---------------------------------------------------------------------------
        \43\ Sec. 304 of the International Security and Development
    Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) redesignated
    subsec. (c) as subsec. (d), amended former subsec. (d) and redesignated
    it as subsec. (e), and added a new subsec. (c).
    ---------------------------------------------------------------------------
        (d) \43\ The President is authorized to furnish assistance,
    on such terms and conditions as he may determine, for the
    following activities, to the extent that such activities are
    not authorized by sections 103, 104, and 105 of this Act:
              (1) programs of technical cooperation and
            development, particularly the development efforts of
            United States private and voluntary agencies and
            regional and international development organizations;
              (2) \44\ programs of research into, and evaluation
            of, the process of economic development in less
            developed countries and areas, into the factors
            affecting the relative success and costs of development
            activities, and into the means, techniques, and such
            other aspects of development assistance as the
            President may determine in order to render such
            assistance of increasing value and benefit;
    ---------------------------------------------------------------------------
        \44\ Sec. 104(b)(1) of the International Development Cooperation
    Act of 1979 (Public Law 96-53; 93 Stat. 360) struck out par. (2), which
    concerned various programs designed to alleviate energy problems
    experienced by developing countries, and redesignated pars. (3) through
    (6) as pars. (2) through (5), respectively.
    ---------------------------------------------------------------------------
              (3) \44\ programs of reconstruction following natural
            or manmade disasters and programs of disaster
            preparedness,\45\ including the prediction of and
            contingency planning for natural disasters abroad;
    ---------------------------------------------------------------------------
        \45\ The reference to the program of disaster preparedness was
    added by sec. 304(a) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1533).
    ---------------------------------------------------------------------------
              (4) \44\ programs designed to help solve special
            development problems in the poorest countries and to
            make possible proper utilization of infrastructure and
            related projects funded with earlier United States
            assistance; and
              (5) \44\ programs of urban development, with
            particular emphasis on small, labor intensive
            enterprises, marketing systems for small producers, and
            financial and other institutions which enable the urban
            poor to participate in the economic and social
            development of their country.
        (e) \43\ (1) There are authorized to be appropriated to the
    President for purposes of this section, in addition to funds
    otherwise available for such purposes, $207,000,000 for fiscal
    year 1986 and $207,000,000 for fiscal year 1987.\46\
    ---------------------------------------------------------------------------
        \46\ The authorization figures for fiscal years 1986 and 1987 were
    added by sec. 309(b) of the International Security and Development Act
    of 1985 (Public Law 99-83; 99 Stat. 190). Authorizations for recent
    years included the following: fiscal year 1976--$99,550,000; fiscal
    year 1977--$104,500,000; fiscal year 1978--$105,000,000; fiscal year
    1979--$126,244,000; fiscal year 1980--$125,000,000; fiscal year 1981--
    $140,000,000; fiscal year 1982--$147,200,000; fiscal year 1983--
    $147,200,000; fiscal year 1984--$160,000,000; fiscal year 1985--no
    authorization; fiscal years 1988 through 2001--no authorization.
        Sec. 402 of the Microenterprise for Self-Reliance and International
    Anti-Corruption Act of 2000 (Public Law 106-309; 114 Stat. 1097),
    however, provided the following:
        ``sec. 402. funding of certain environmental assistance activities
    of usaid.
        ``(a) Allocation of Funds for Certain Environmental Activities.--Of
    the amounts authorized to be appropriated for the fiscal year 2001 to
    carry out chapter 1 of part I of the Foreign Assistance Act of 1961 (22
    U.S.C. 2151 et seq.; relating to development assistance), there is
    authorized to be available at least $60,200,000 to carry out activities
    of the type carried out by the Global Environment Center of the United
    States Agency for International Development during fiscal year 2000.
        ``(b) Allocation for Water and Coastal Resources.--Of the amounts
    made available under subsection (a), at least $2,500,000 shall be
    available for water and coastal resources activities under the natural
    resources management function specified in that subsection.''.
        Sec. 105 of Public Law 96-53 struck out language in subsec. (e)
    which provided $30,000,000 during the period July 1, 1975, to Sept. 3,
    1977, for reimbursement to private voluntary agencies of the United
    States for costs incurred with respect to the shipment of food and
    nonfood commodities provided through private donations.
    ---------------------------------------------------------------------------
        (2) Amounts appropriated under this section are authorized
    to remain available until expended.
        (f) \47\ Of the amounts authorized to be appropriated to
    carry out this chapter $5,000,000 for fiscal year 1986 and
    $5,000,000 for fiscal year 1987 shall be used to finance
    cooperative projects among the United States, Israel, and
    developing countries.
    ---------------------------------------------------------------------------
        \47\ Subsec. (f) was added by sec. 307(b) of the International
    Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
    Stat. 190).
    ---------------------------------------------------------------------------
        Sec. 107.\48\ Appropriate Technology.--(a) In carrying out
    activities under this chapter, the President shall place
    special emphasis on the use of relatively smaller, cost-saving,
    labor-using technologies that are generally most appropriate
    for the small farms, small businesses, and small incomes of the
    poor.
    ---------------------------------------------------------------------------
        \48\ 22 U.S.C. 2151e. Sec. 107, as added by sec. 306 of Public Law
    94-161, was amended and restated by sec. 107 of the International
    Development and Food Assistance Act of 1978 (Public Law 95-424; 92
    Stat. 947).
    ---------------------------------------------------------------------------
        (b) Funds made available to carry out this chapter should
    be used to the extent practicable for activities in the field
    of appropriate technology, including support of an expanded and
    coordinated private effort to promote the development and
    dissemination of appropriate technology in developing
    countries.
        Sec. 108.\49\ Application of Existing Provision. * * *
    [Repealed--1978]
    ---------------------------------------------------------------------------
        \49\ Sec. 108, as added by the FA Act of 1973, was repealed by sec.
    102(g)(2)(K)(i) of the International Development and Food Assistance
    Act of 1978 (92 Stat. 943).
    ---------------------------------------------------------------------------

    SEC. 108.\50\ MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS.

        (a) Findings and Policy.--Congress finds and declares
    that--
    ---------------------------------------------------------------------------
        \50\ 22 U.S.C. 2151f. Formerly titled ``Private Sector Revolving
    Fund''; amended and restated by sec. 106 of the Microenterprise for
    Self-Reliance Act of 2000 (title I of Public Law 106-309; 114 Stat.
    1085). Earlier versions of the section were added by the International
    Security and Development Assistance Authorization Act of 1983 (sec.
    101(b)(2) of the Further Continuing Appropriations, 1984; Public Law
    98-151; 97 Stat. 972), and by sec. 2211 of the Omnibus Trade and
    Competitiveness Act of 1988 (Public Law 100-418; 102 Stat. 1335).
    Previously, the section authorized up to $18,000,000 in each of fiscal
    year 1986 and fiscal year 1987 to be deposited in the Private Sector
    Revolving Fund.
    ---------------------------------------------------------------------------
              (1) the development of micro- and small enterprises
            is a vital factor in the stable growth of developing
            countries and in the development and stability of a
            free, open, and equitable international economic
            system; and
              (2) it is, therefore, in the best interests of the
            United States to assist the development of the
            enterprises of the poor in developing countries and to
            engage the United States private sector in that
            process.
        (b) Program.--To carry out the policy set forth in
    subsection (a), the President is authorized to provide
    assistance to increase the availability of credit to micro- and
    small enterprises lacking full access to credit, including
    through--
              (1) loans and guarantees to credit institutions for
            the purpose of expanding the availability of credit to
            micro- and small enterprises;
              (2) training programs for lenders in order to enable
            them to better meet the credit needs of
            microentrepreneurs; and
              (3) training programs for microentrepreneurs in order
            to enable them to make better use of credit and to
            better manage their enterprises.
        (c) Eligibility Criteria.--The Administrator of the agency
    primarily responsible for administering this part shall
    establish criteria for determining which credit institutions
    described in subsection (b)(1) are eligible to carry out
    activities, with respect to micro- and small enterprises,
    assisted under this section. Such criteria may include the
    following:
              (1) The extent to which the recipients of credit from
            the entity do not have access to the local formal
            financial sector.
              (2) The extent to which the recipients of credit from
            the entity are among the poorest people in the country.
              (3) The extent to which the entity is oriented toward
            working directly with poor women.
              (4) The extent to which the entity recovers its cost
            of lending.
              (5) The extent to which the entity implements a plan
            to become financially sustainable.
        (d) Additional Requirement.--Assistance provided under this
    section may only be used to support micro- and small enterprise
    programs and may not be used to support programs not directly
    related to the purposes described in subsection (b).
        (e) Procurement Provision.--Assistance may be provided
    under this section without regard to section 604(a).
        (f) Availability of Funds.--
              (1) In general.--Of the amounts authorized to be
            available to carry out section 131, there are
            authorized to be available $1,500,000 for each of
            fiscal years 2001 and 2002 to carry out this
            section.\51\
    ---------------------------------------------------------------------------
        \51\ Title II of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on
    October 24, 2000, enacted by reference in sec. 101(a) of Public Law
    106-429; 114 Stat. 1900A-9) provided the following:
    ---------------------------------------------------------------------------

            ``micro and small enterprise development program account
    ---------------------------------------------------------------------------
        ``For the cost of direct loans and loan guarantees, $1,500,000, as
    authorized by section 108 of the Foreign Assistance Act of 1961:
    Provided, That such costs shall be as defined in section 502 of the
    Congressional Budget Act of 1974: Provided further, That guarantees of
    loans made under this heading in support of microenterprise activities
    may guarantee up to 70 percent of the principal amount of any such
    loans notwithstanding section 108 of the Foreign Assistance Act of
    1961. In addition, for administrative expenses to carry out programs
    under this heading, $500,000, all of which may be transferred to and
    merged with the appropriation for Operating Expenses of the Agency for
    International Development: Provided further, That funds made available
    under this heading shall remain available until September 30, 2002.''.
    ---------------------------------------------------------------------------
              (2) Coverage of subsidy costs.--Amounts authorized to
            be available under paragraph (1) shall be made
            available to cover the subsidy cost, as defined in
            section 502(5) of the Federal Credit Reform Act of
            1990, for activities under this section.
        Sec. 109.\52\ Transfer of Funds.--Whenever \53\ the
    President determines it to be necessary for the purposes of
    this chapter, not to exceed 15 per centum of the funds made
    available for any provision of this chapter may be transferred
    to, and consolidated with, the funds made available for any
    other provision of this chapter, and may be used for any of the
    purposes for which such funds may be used, except that the
    total in the provision for the benefit of which the transfer is
    made shall not be increased by more than 25 per centum of the
    amount of funds made available for such provision. The
    authority of sections 610(a) and 614(a) of this Act may not be
    used to transfer funds made available under this chapter for
    use for purposes of any other provision of this Act except that
    the authority of such sections may be used to transfer for the
    purposes of section 667 not to exceed five per centum of the
    amount of funds made available for section 667(a)(1).\54\
    ---------------------------------------------------------------------------
        \52\ 22 U.S.C. 2151g. Sec. 109 was added by sec. 2(3) of the FA Act
    of 1973.
        Sec. 509 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001 Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced
    on October 24, 2000, enacted by reference in sec. 101(a) of Public Law
    106-429; 114 Stat. 1900A-24), provided the following:
    ---------------------------------------------------------------------------

                          ``transfers between accounts
    ---------------------------------------------------------------------------
        ``Sec. 509. 509. None of the funds made available by this Act may
    be obligated under an appropriation account to which they were not
    appropriated, except for transfers specifically provided for in this
    Act, unless the President, prior to the exercise of any authority
    contained in the Foreign Assistance Act of 1961 to transfer funds,
    consults with and provides a written policy justification to the
    Committees on Appropriations of the House of Representatives and the
    Senate.''.
        \53\ The words ``Notwithstanding sec. 108 of this Act,'' that had
    previously appeared in front of ``whenever,'' were struck by sec.
    102(g)(2)(K)(ii) of the International Development and Food Assistance
    Act of 1978 (92 Stat. 943).
        \54\ The words to this point beginning with ``except that the
    authority of such sections * * *'' were added by sec. 129(b) of the
    International Development and Food Assistance Act of 1977 (91 Stat.
    543).
    ---------------------------------------------------------------------------
        Sec. 110.\55\ Cost-Sharing and Funding Limits.--No
    assistance shall be furnished by the United States Government
    to a country under sections 103 through 106 of this Act until
    the country provides assurances to the President, and the
    President is satisfied, that such country provide at least 25
    per centum of the costs of the entire program, project, or
    activity with respect to which such assistance is to be
    furnished, except that such costs borne by such country may be
    provided on an ``in-kind'' basis.\56\
    ---------------------------------------------------------------------------
        \55\ 22 U.S.C. 2151h. Sec. 110 was added by sec. 2(3) of the FA Act
    of 1973. Sec. 1211(a)(3) of the International Security and Development
    Cooperation Act of 1985 deleted par. (b) and removed the ``(a)''
    designation from the preceding paragraph. Par. (b) previously read as
    follows:
        ``No grant assistance shall be disbursed by the United States
    Government under sections 103 through 106 of this Act for a project,
    for a period exceeding thirty-six consecutive months, without further
    justification satisfactory to the Congress and efforts being made to
    obtain sources of financing within that country and from other foreign
    countries and multilateral organizations.''.
        The initial phrase of subsec. (b), which had been added by Public
    Law 95-88 (91 Stat. 535), was struck by sec. 112(b)(2) of the
    International Development and Food Assistance Act of 1978 (92 Stat.
    949). It previously read as follows:
        ``Except for grants to countries determined to be relatively least
    developed based on the United Nations Conference on Trade and
    Development list of `relatively least developed countries',''.
        \56\ The following phrase, as added by Public Law 94-161 (89 Stat.
    849) and previously appeared at this point, was struck by sec.
    112(b)(1) of the International Development and Food Assistance Act of
    1978 (92 Stat. 949): ``and except that the President may waive this
    cost-sharing requirement in the case of a project or activity in a
    country which the agency primarily responsible for administering part I
    of this Act determines is relatively least developed based on the
    United Nations Conference on Trade and Development list of `relatively
    least developed countries'.''.
    ---------------------------------------------------------------------------
        Sec. 111.\57\ Development and Use of Cooperatives.--In
    order to strengthen the participation of the rural and urban
    poor in their country's development, high priority shall be
    given to increasing the use of funds made available under this
    Act for technical and capital assistance in the development and
    use \58\ of cooperatives in the less developed countries which
    will enable and encourage greater numbers of the poor to help
    themselves toward a better life.\59\ In meeting the requirement
    of the preceding sentence, specific priority shall be given to
    the following: \60\
    ---------------------------------------------------------------------------
        \57\ 22 U.S.C. 2151i. Sec. 111, as added by sec. 2(3) of the FA Act
    of 1973, was amended by sec. 308 of Public Law 94-161 (89 Stat. 849).
    It formerly read as follows: ``In order to strengthen the participation
    of the urban and rural poor in their country's development, not less
    than $20,000,000 of the funds made available for the purposes of this
    chapter shall be available during the fiscal years 1974 and 1975 only
    for assistance in the less developed countries which will enable and
    encourage greater numbers of the poor to help themselves toward a
    better life.''.
        \58\ The words ``technical and capital assistance in the
    development and use'' were inserted in lieu of ``assistance in the
    development'' by sec. 107(a) of the International Development and Food
    Assistance Act of 1977 (Public Law 95-88; 91 Stat. 535).
        \59\ A sentence that earmarked funds specifically for technical
    assistance to carry out the purposes of this section and had previously
    appeared at this point was repealed by sec. 122 of the International
    Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366).
        \60\ Sec. 401(c)(2) of the Support for Overseas Cooperative
    Development Act (sec. 401 of Public Law 106-309; 114 Stat. 1097) added
    this sentence and paras. (1) through (4). Sec. 401(d) of that Act
    provided the following:
        ``(d) Report.--Not later than 6 months after the date of the
    enactment of this Act, the Administrator of the United States Agency
    for International Development, in consultation with the heads of other
    appropriate agencies, shall prepare and submit to Congress a report on
    the implementation of section 111 of the Foreign Assistance Act of 1961
    (22 U.S.C. 2151i), as amended by subsection (c).''.
    ---------------------------------------------------------------------------
              (1) Agriculture.--Technical assistance to low income
            farmers who form and develop member-owned cooperatives
            for farm supplies, marketing and value-added
            processing.
              (2) Financial systems.--The promotion of national
            credit union systems through credit union-to-credit
            union technical assistance that strengthens the ability
            of low income people and micro-entrepreneurs to save
            and to have access to credit for their own economic
            advancement.
              (3) Infrastructure.--The support of rural electric
            and telecommunication cooperatives for access for rural
            people and villages that lack reliable electric and
            telecommunications services.
              (4) Housing and community services.--The promotion of
            community-based cooperatives which provide employment
            opportunities and important services such as health
            clinics, self-help shelter, environmental improvements,
            group-owned businesses, and other activities.
        Sec. 112.\61\ Prohibiting Police Training. * * *
    [Repealed--1974]
    ---------------------------------------------------------------------------
        \61\ Sec. 112, as added by sec. 2(3) of the FA Act of 1973, was
    repealed by sec. 30(b) of the FA Act of 1974. (See sec. 660 of this
    Act, ``Prohibiting Police Training'').
    ---------------------------------------------------------------------------
        Sec. 113.\62\ Integrating Women Into National Economies.--
    (a) In recognition of the fact that women in developing
    countries play a significant role in economic production,
    family support, and the overall development process of the
    national economies of such countries, this part shall be
    administered so as to give particular attention to those
    programs, projects, and activities which tend to integrate
    women into the national economies of developing countries, thus
    improving their status and assisting the total development
    effort.
    ---------------------------------------------------------------------------
        \62\ 22 U.S.C. 2151k. Sec. 113, as added by sec. 2(3) of the FA Act
    of 1973, was amended and restated by sec. 108 of the International
    Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat.
    536). Sec. 113 formerly read as follows:
        ``Sec. 113. Integrating Women Into National Economies.--Part I of
    this Act shall be administered so as to give particular attention to
    those programs, projects, and activities which tend to integrate women
    into the national economies of foreign countries, thus improving their
    status and assisting the total development effort.''.
        Subsecs. (b) and (c), as added by Public Law 95-88 and which
    required a report from the President concerning the impact of
    development programs, projects, and activities on the integration of
    women into the developing economies of countries receiving assistance
    under this part, were repealed by sec. 122 of the International
    Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366)
    (such report was submitted to the Congress on August 3, 1978). This
    subsec. (b), originally added as subsec. (d) by Public Law 95-424 (92
    Stat. 947), was redesignated as subsec. (b) by Public Law 96-53.
        The current text of subsec. (c) was added by sec. 305 of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1533).
    ---------------------------------------------------------------------------
        (b) \62\ (1) Up to $10,000,000 of the funds made available
    each fiscal year under this chapter and chapter 10 of this part
    \63\ shall be used, in addition to funds otherwise available
    for such purposes, for assistance on such terms and conditions
    as the President may determine to encourage and promote the
    participation and integration of women as equal partners in the
    development process in the developing countries. These funds
    shall be used primarily to support activities which will
    increase the economic productivity and income earning capacity
    of women.
    ---------------------------------------------------------------------------
        \63\ Sec. 562 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2026), added a new chapter 10 to part I of this Act, providing
    for long-term development in sub-Saharan Africa, and made a conforming
    amendment by inserting ``and chapter 10 of this part'' here.
    ---------------------------------------------------------------------------
        (2) Nothing in this section shall be construed to authorize
    the establishment of a separate development assistance program
    for women.
        (c) \62\ Not less than $500,000 of the funds made available
    under this chapter for fiscal year 1982 shall be expended on
    international programs which support the original goals of the
    United Nations Decade for Women.
        Sec. 114.\64\ Limiting Use of Funds for Abortions or
    Involuntary Sterilization. * * * [Repealed--1978]
    ---------------------------------------------------------------------------
        \64\ Sec. 114, as added by the FA Act of 1973, was repealed by sec.
    104(b) of the International Development and Food Assistance Act of 1978
    (Public Law 95-424; 92 Stat. 947). See sec. 104(f) of this Act for new
    language concerning this issue.
    ---------------------------------------------------------------------------
        Sec. 115.\65\ Prohibiting Use of Funds for Certain
    Countries. * * * [Repealed--1978]
    ---------------------------------------------------------------------------
        \65\ Sec. 115, as added by the FA Act of 1974, was repealed by sec.
    102(f) of the International Development and Food Assistance Act of 1978
    (Public Law 95-424; 92 Stat. 942).
    ---------------------------------------------------------------------------
        Sec. 116.\66\ Human Rights.--(a) No assistance may be
    provided under this part to the government of any country which
    engages in a consistent pattern of gross violations of
    internationally recognized human rights, including torture or
    cruel, inhuman, or degrading treatment or punishment, prolonged
    detention without charges, causing the disappearance of persons
    by the abduction and clandestine detention of those
    persons,\67\ or other flagrant denial of the right to life,
    liberty, and the security of person, unless such assistance
    will directly benefit the needy people in such country.
    ---------------------------------------------------------------------------
        \66\ 22 U.S.C. 2151n. Sec. 116 was added by sec. 310 of Public Law
    94-161 (89 Stat. 849). See also in the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2000, sec. 538,
    relating to special authorities, and sec. 541, relating to eligibility
    for assistance.
        \67\ This phrase beginning with ``causing the disappearance of * *
    *'' was added by sec. 701(a) of the International Security and
    Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3156).
    ---------------------------------------------------------------------------
        (b) In determining whether this standard is being met with
    regard to funds allocated under this part, the Committee on
    Foreign Relations of the Senate or the Committee on Foreign
    Affairs \68\ of the House of Representatives may require the
    Administrator primarily responsible for administering part I of
    this Act to submit in writing information demonstrating that
    such assistance will directly benefit the needy people in such
    country, together with a detailed explanation of the assistance
    to be provided (including the dollar amounts of such
    assistance) and an explanation of how such assistance will
    directly benefit the needy people in such country. If either
    committee or either House of Congress disagrees with the
    Administrator's justification it may initiate action to
    terminate assistance to any country by a concurrent resolution
    under section 617 of this Act.
    ---------------------------------------------------------------------------
        \68\ Sec. 9(a)(6) of Public Law 103-437 (108 Stat. 4588) struck out
    ``International Relations'' and inserted in lieu thereof ``Foreign
    Affairs''. Subsequently, sec. 1(a)(5) of Public Law 104-14 (109 Stat.
    186) provided that references to the Committee on Foreign Affairs of
    the House of Representatives shall be treated as referring to the
    Committee on International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
      (b) \69\ No assistance may be provided to any government
    failing to take appropriate and adequate measures, within their
    means, to protect children from exploitation, abuse or forced
    conscription into military or paramilitary services.
    ---------------------------------------------------------------------------
        \69\ Sec. 599D of the of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2066), added this second subsec. (b).
    ---------------------------------------------------------------------------
        (c) \70\ In determining whether or not a government falls
    within the provisions of subsection (a) and in formulating
    development assistance programs under this part, the
    Administrator shall consider, in consultation with the
    Assistant Secretary of State for Democracy, Human Rights, and
    Labor\71\ and in consultation with the Ambassador at Large for
    International Religious Freedom--\72\
    ---------------------------------------------------------------------------
        \70\ Sec. 111 of the International Development and Food Assistance
    Act of 1977 (Public Law 95-88; 91 Stat. 537) amended and restated
    subsecs. (c) and (d), and added a new subsec. (e). Subsecs. (c) and (d)
    formerly read as follows:
        ``(c) In determining whether or not a government falls within the
    provisions of subsection (a), consideration shall be given to the
    extent of cooperation of such government in permitting an unimpeded
    investigation of alleged violations of internationally recognized human
    rights by appropriate international organizations, including the
    International Committee of the Red Cross, or groups or persons acting
    under the authority of the United Nations or of the Organization of
    American States.
        ``(d) The President shall transmit to the Speaker of the House of
    Representatives and the Committee on Foreign Relations of the Senate,
    in the annual presentation materials on proposed economic development
    assistance programs, a full and complete report regarding the steps he
    has taken to carry out the provisions of this section.''.
        \71\ Sec. 162(e)(1) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), struck
    out ``Assistant Secretary for Human Rights and Humanitarian Affairs''
    and inserted in lieu thereof ``Assistant Secretary of State for
    Democracy, Human Rights, and Labor''. Previously, ``Assistant
    Secretary'' was inserted in lieu of ``Coordinator'' by sec. 109(a)(2)
    of the Foreign Relations Authorization Act, Fiscal Year 1978 (Public
    Law 95-105; 91 Stat. 846).
        \72\ Sec. 421(a)(1) of the International Religious Freedom Act of
    1998 (Public Law 105-292; 112 Stat. 2809) added ``and in consultation
    with the Ambassador at Large for International Religious Freedom''
    after ``Labor''.
    ---------------------------------------------------------------------------
              (1) the extent of cooperation of such government in
            permitting an unimpeded investigation of alleged
            violations of internationally recognized human rights
            by appropriate international organizations, including
            the International Committee of the Red Cross, or groups
            or persons acting under the authority of the United
            Nations or of the Organization of American States; \73\
    ---------------------------------------------------------------------------
        \73\ Sec. 421(a) of the International Religious Freedom Act of 1998
    (Public Law 105-292; 112 Stat. 2809) struck out ``and'' at the end of
    para. (1); replaced a period at the end of para. (2) with `; and''; and
    added para. (3).
    ---------------------------------------------------------------------------
              (2) specific actions which have been taken by the
            President or the Congress relating to multilateral or
            security assistance to a less developed country because
            of the human rights practices or policies of such
            country; and \73\
              (3) \73\ whether the government--
                      (A) has engaged in or tolerated particularly
                    severe violations of religious freedom, as
                    defined in section 3 of the International
                    Religious Freedom Act of 1998; or
                      (B) has failed to undertake serious and
                    sustained efforts to combat particularly severe
                    violations of religious freedom (as defined in
                    section 3 of the International Religious
                    Freedom Act of 1998), when such efforts could
                    have been reasonably undertaken.
        (d) \70\ The Secretary of State shall transmit to the
    Speaker of the House of Representatives and the Committee on
    Foreign Relations of the Senate, by February 25 \74\ of each
    year, a full and complete report regarding--
    ---------------------------------------------------------------------------
        \74\ Sec. 2216(1) of the Foreign Relations Authorization Act,
    Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
    105-277; 112 Stat. 2681), struck out ``January 31'' and inserted in
    lieu thereof ``February 25''.
    ---------------------------------------------------------------------------
              (1) \75\ the status of internationally recognized
            human rights, within the meaning of subsection (a)--
    ---------------------------------------------------------------------------
        \75\ Paragraph (1) was amended and restated by sec. 504 of the
    International Development Cooperation Act of 1979 (Public Law 96-53; 93
    Stat. 378) by adding the requirement contained in clause (B). Sec. 504
    also required a report from the Secretary of State by November 15,
    1979, on the impact on the foreign relations of the United States of
    the reports required by this Act on the human rights practices of
    foreign governments.
    ---------------------------------------------------------------------------
                      (A) in countries that receive assistance
                    under this part, and
                      (B) in all other foreign countries which are
                    members of the United Nations and which are not
                    otherwise the subject of a human rights report
                    under this Act;
              (2) \76\ wherever applicable, practices regarding
            coercion in population control, including coerced
            abortion and involuntary sterilization;
    ---------------------------------------------------------------------------
        \76\ A new para. (2) was added and the former para. (2) was
    redesignated as para. (3) by sec. 127 of the Foreign Relations
    Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101
    Stat. 1342). Subsequently, sec. 201(a) of Public Law 104-319 (110 Stat.
    3864) struck out ``and'' at the end of para. (2), redesignated para.
    (3) as para. (5), and added new paras. (3) and (4). See also footnote
    77.
    ---------------------------------------------------------------------------
              (3) \77\ the status of child labor practices in each
            country, including--
    ---------------------------------------------------------------------------
        \77\ Sec. 2216(2) and (3) of the Foreign Relations Authorization
    Act, Fiscal Years 1998 and 1999 (subdivision B of division G of Public
    Law 105-277; 112 Stat. 2681), redesignated paras. (3) through (6) as
    paras. (4) through (7) and added a new para. (3). At the time of
    enactment of Public Law 105-277, however, no para. (6) was contained in
    the section. Public Law 105-292 added para. (6) later, shown here
    redesignated as para. (7).
    ---------------------------------------------------------------------------
                      (A) whether such country has adopted policies
                    to protect children from exploitation in the
                    workplace, including a prohibition of forced
                    and bonded labor and policies regarding
                    acceptable working conditions; and
                      (B) the extent to which each country enforces
                    such policies, including the adequacy of the
                    resources and oversight dedicated to such
                    policies;
              (4) \76\, \77\ the votes of each member of
            the United Nations Commission on Human Rights on all
            country-specific and thematic resolutions voted on at
            the Commission's annual session during the period
            covered during the preceding year;
              (5) \76\ the extent to which each country has
            extended protection to refugees, including the
            provision of first asylum and resettlement; \78\
    ---------------------------------------------------------------------------
        \78\ Sec. 102(d)(1) of the International Religious Freedom Act of
    1998 (Public Law 105-292; 112 Stat. 2794) struck out ``and'' at the end
    of para. (4); replaced a period at the end of this para. (5) with ``;
    and''; and added a new para. (6). Paras. (4) and (5), however, had
    already been redesignated as paras. (5) and (6) by sec. 2216 of Public
    Law 105-277. Sec. 2216 of Public Law 105-277 also redesignated a then-
    nonexistent para. (6) as para. (7). The amendment has been made to the
    subsequently enacted para. (6), shown here as para. (7).
        Sec. 806(a) of the Admiral James W. Nance and Meg Donovan Foreign
    Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
    enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
    Stat. 1536), struck out ``and'' at the end of para. (6), struck out a
    period at the end of para. (7) and inserted in lieu thereof ``and'',
    and added a new para. (8).
    ---------------------------------------------------------------------------
              (6) \76\, \78\ the steps the Administrator
            has taken to alter United States programs under this
            part in any country because of human rights
            considerations;
              (7) \77\, \78\ wherever applicable,
            violations of religious freedom, including particularly
            severe violations of religious freedom (as defined in
            section 3 of the International Religious Freedom Act of
            1998) and
              (8) \78\ wherever applicable, consolidated
            information regarding the commission of war crimes,
            crimes against humanity, and evidence of acts that may
            constitute genocide (as defined in article 2 of the
            Convention on the Prevention and Punishment of the
            Crime of Genocide and modified by the United States
            instrument of ratification to that convention and
            section 2(a) of the Genocide Convention Implementation
            Act of 1987).
        (e) \70\, \79\ The President is authorized and
    encouraged to use not less than $3,000,000 of the funds made
    available under this chapter, chapter 10 of this part,\80\ and
    chapter 4 of part II for each fiscal year for studies to
    identify, and for openly carrying out, programs and activities
    which will encourage or promote increased adherence to civil
    and political rights, including the right to free religious
    belief and practice,\81\ as set forth in the Universal
    Declaration of Human Rights, in countries eligible for
    assistance under this chapter or under chapter 10 of this part,
    except that funds made available under chapter 10 of this part
    may only be used under this subsection with respect to
    countries in sub-Saharan Africa. None of these funds may be
    used, directly or indirectly, to influence the outcome of any
    election in any country.
    ---------------------------------------------------------------------------
        \79\ The first phrase, ``The President is authorized and encouraged
    to use not less than'', was added by sec. 109(1) of the International
    Development and Food Assistance Act of 1978 (Public Law 95-424; 92
    Stat. 947).
        The authorization level of $3,000,000 and the reference to funds
    available under chapter 4 of part II were added by sec. 1002(a)(1) of
    the Department of State Authorization Act, Fiscal Years 1984 and 1985
    (Public Law 98-164; 97 Stat. 1052). Previously, amendments by sec. 306
    of the International Security and Development Cooperation Act of 1981
    (Public Law 97-113; 95 Stat. 1533), sec. 504 of Public Law 96-533 (94
    Stat. 378), and sec. 109(2) of Public Law 95-424 (92 Stat. 947)
    authorized the use of $1,500,000 for this purpose in fiscal years 1982-
    1983, fiscal year 1981, and fiscal year 1979, respectively. The
    original text of subsec. (e), added by sec. 111 of Public Law 95-88 (91
    Stat. 537), authorized the use of $750,000 for this purpose during
    fiscal year 1978.
        The authorization level of $1,500,000 for the fiscal year 1986 and
    for each fiscal year thereafter was added by sec. 202 of Public Law 99-
    440 (100 Stat. 1095).
        Paragraph designation ``(1)'' and a new par. (2) were added to
    subsec. (e) by sec. 1002(a)(3) of the Department of State Authorization
    Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1052).
    Par. (2) subsequently was repealed by sec. 4(a)(3)(B) of the South
    African Democratic Transition Support Act of 1993 (Public Law 103-149;
    107 Stat. 1505), and the designation for par. (1) was struck out.
        Par. (2) of subsec. (e) had stated a priority, with supporting
    guidelines and conditions, for giving grants to ``nongovernmental
    organizations in South Africa promoting political, economic, social,
    juridical, and humanitarian efforts to foster a just society and to
    help victims of apartheid.''.
        Section 4(a)(3)(B) of the South African Democratic Transition
    Support Act of 1993 (Public Law 103-149; 107 Stat. 1505) also repealed
    subsec. (f) and (g) of sec. 116, which had been added by sec. 202(b) of
    Public Law 99-440 (100 Stat. 1095).
        Subsec. (f) directed not less than $500,000 under section (e)(2)(A)
    to be used ``for direct legal and other assistance to political
    detainees and prisoners and their families, including the investigation
    of the killing of protesters and prisoners, and for support for actions
    of black-led community organizations to resist, through nonviolent
    means, the enforcement of apartheid policies * * *''.
        Subsec. (g) directed $175,000 each fiscal year to ``be used for
    direct assistance to families of victims of violence such as
    `necklacing' and other such inhumane acts'', and another $175,000 to
    ``be made available to black groups in South Africa which are actively
    working toward a multi-racial solution to the sharing of political
    power in that country through nonviolent, constructive means.''.
        \80\ Sec. 562 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2026), added a new chapter 10 to part I of this Act, providing
    for long-term development in sub-Saharan Africa, and made a conforming
    amendment by inserting ``, chapter 10 of this part,'' here, and text at
    the end of the first sentence beginning at ``or under chapter 10''.
        \81\ Sec. 501(b) of the International Religious Freedom Act of 1998
    (Public Law 105-292; 112 Stat. 2811) inserted ``, including the right
    to free religious belief and practice'' after ``adherence to civil and
    political rights''. Subsec. (a) of that sec. provided the following:
        ``sec. 501. assistance for promoting religious freedom.
        ``(a) Findings.--Congress makes the following findings:
    ---------------------------------------------------------------------------

              ``(1) In many nations where severe violations of religious
            freedom occur, there is not sufficient statutory legal
            protection for religious minorities or there is not sufficient
            cultural and social understanding of international norms of
            religious freedom.
              ``(2) Accordingly, in the provision of foreign assistance,
            the United States should make a priority of promoting and
            developing legal protections and cultural respect for religious
            freedom.''.
        (f) \82\ (1) The report required by subsection (d) shall
    include the following:
    ---------------------------------------------------------------------------
        \82\ Sec. 104(a) of the Trafficking Victims Protection Act of 2000
    (division A of Public Law 106-386; 114 Stat. 1471) amended and restated
    subsec. (f). Originally added by sec. 597 of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 2000 (H.R.
    3422, enacted by reference in sec. 1000(a)(2) of Public Law 106-113;
    113 Stat. 1535), the subsec. formerly read as follows:
        ``(f) (1) The report required by subsection (d) shall include--
    ---------------------------------------------------------------------------

              ``(A) a list of foreign states where trafficking in persons,
            especially women and children, originates, passes through, or
            is a destination; and
              ``(B) an assessment of the efforts by the governments of the
            states described in paragraph (A) to combat trafficking. Such
            an assessment shall address--

                      ``(i) whether government authorities in each such
                    state tolerate or are involved in trafficking
                    activities;
                      ``(ii) which government authorities in each such
                    state are involved in anti-trafficking activities;
                      ``(iii) what steps the government of each such state
                    has taken to prohibit government officials and other
                    individuals from participating in trafficking,
                    including the investigation, prosecution, and
                    conviction of individuals involved in trafficking;
                      ``(iv) what steps the government of each such state
                    has taken to assist trafficking victims;
                    ``(v) whether the government of each such state is
                    cooperating with governments of other countries to
                    extradite traffickers when requested;
                      ``(vi) whether the government of each such state is
                    assisting in international investigations of
                    transnational trafficking networks; and
                      ``(vii) whether the government of each such state
                    refrains from prosecuting trafficking victims or
                    refrains from other discriminatory treatment towards
                    victims.

              ``(2) In compiling data and assessing trafficking for the
            purposes of paragraph (1), United States Diplomatic Mission
            personnel shall consult with human rights and other appropriate
            nongovernmental organizations.
              ``(3) For purposes of this subsection--

                      ``(A) the term `trafficking' means the use of
                    deception, coercion, debt bondage, the threat of force,
                    or the abuse of authority to recruit, transport within
                    or across borders, purchase, sell, transfer, receive,
                    or harbor a person for the purposes of placing or
                    holding such person, whether for pay or not, in
                    involuntary servitude, slavery or slavery-like
                    conditions, or in forced, bonded, or coerced labor;
                      ``(B) the term `victim of trafficking' means any
                    person subjected to the treatment described in
                    subparagraph (A).''.
              (A) A description of the nature and extent of severe
            forms of trafficking in persons, as defined in section
            103 of the Trafficking Victims Protection Act of 2000,
            in each foreign country.
              (B) With respect to each country that is a country of
            origin, transit, or destination for victims of severe
            forms of trafficking in persons, an assessment of the
            efforts by the government of that country to combat
            such trafficking. The assessment shall address the
            following:
                      (i) Whether government authorities in that
                    country participate in, facilitate, or condone
                    such trafficking.
                      (ii) Which government authorities in that
                    country are involved in activities to combat
                    such trafficking.
                      (iii) What steps the government of that
                    country has taken to prohibit government
                    officials from participating in, facilitating,
                    or condoning such trafficking, including the
                    investigation, prosecution, and conviction of
                    such officials.
                      (iv) What steps the government of that
                    country has taken to prohibit other individuals
                    from participating in such trafficking,
                    including the investigation, prosecution, and
                    conviction of individuals involved in severe
                    forms of trafficking in persons, the criminal
                    and civil penalties for such trafficking, and
                    the efficacy of those penalties in eliminating
                    or reducing such trafficking.
                      (v) What steps the government of that country
                    has taken to assist victims of such
                    trafficking, including efforts to prevent
                    victims from being further victimized by
                    traffickers, government officials, or others,
                    grants of relief from deportation, and
                    provision of humanitarian relief, including
                    provision of mental and physical health care
                    and shelter.
                      (vi) Whether the government of that country
                    is cooperating with governments of other
                    countries to extradite traffickers when
                    requested, or, to the extent that such
                    cooperation would be inconsistent with the laws
                    of such country or with extradition treaties to
                    which such country is a party, whether the
                    government of that country is taking all
                    appropriate measures to modify or replace such
                    laws and treaties so as to permit such
                    cooperation.
                      (vii) Whether the government of that country
                    is assisting in international investigations of
                    transnational trafficking networks and in other
                    cooperative efforts to combat severe forms of
                    trafficking in persons.
                      (viii) Whether the government of that country
                    refrains from prosecuting victims of severe
                    forms of trafficking in persons due to such
                    victims having been trafficked, and refrains
                    from other discriminatory treatment of such
                    victims.
                      (ix) Whether the government of that country
                    recognizes the rights of victims of severe
                    forms of trafficking in persons and ensures
                    their access to justice.
              (C) Such other information relating to trafficking in
            persons as the Secretary of State considers
            appropriate.
        (2) In compiling data and making assessments for the
    purposes of paragraph (1), United States diplomatic mission
    personnel shall consult with human rights organizations and
    other appropriate nongovernmental organizations.
        Sec. 117.\83\ Assistance for Disadvantaged South Africans.
    * * * [Repealed--1993]
    ---------------------------------------------------------------------------
        \83\ Formerly at 22 U.S.C. 2151o. Sec. 117 was repealed by sec.
    4(a)(3)(B) of the South African Democratic Transition Support Act of
    1993 (Public Law 103-149; 107 Stat. 1505). It had been added originally
    by sec. 201(b) of Public Law 99-440 (100 Stat. 1094). Sec. 117 provided
    assistance for disadvantaged South Africans through South African
    nongovernmental organizations, such as the Educational Opportunities
    Council, the South African Institute of Race Relations, READ,
    professional teachers' unions, the Outreach Program of the University
    of the Western Cape, the Funda Center in Soweto, SACHED, UPP Trust,
    TOPS, the Wilgespruit Fellowship Center (WFC), and civic and other
    organizations working at the community level which did not receive
    funds from the Government of South Africa.
        A previous sec. 117, relating to infant nutrition, was repealed in
    1978.
    ---------------------------------------------------------------------------
        Sec. 117.\84\ Environment and Natural Resources.--(a) The
    Congress finds that if current trends in the degradation of
    natural resources in developing countries continue, they will
    severely undermine the best efforts to meet basic human needs,
    to achieve sustained economic growth, and to prevent
    international tension and conflict. The Congress also finds
    that the world faces enormous, urgent, and complex problems,
    with respect to natural resources, which require new forms of
    cooperation between the United States and developing countries
    to prevent such problems from becoming unmanageable. It is,
    therefore, in the economic and security interests of the United
    States to provide leadership both in thoroughly reassessing
    policies relating to natural resources and the environment, and
    in cooperating extensively with developing countries in order
    to achieve environmentally sound development.
    ---------------------------------------------------------------------------
        \84\ 22 U.S.C. 2151p. Sec. 117 was redesignated from being sec. 118
    by sec. 301(1) of Public Law 99-529, resulting in the creation of two
    sections 117. Sec. 301(2) of Public Law 99-529 (100 Stat. 3014) further
    deleted subsec. (d) of that section, which dealt with tropical forests,
    and then sec. 301(3) of Public Law 99-529 added a new section 118
    entitled ``Tropical Forests''. This section, as added by sec. 113 of
    Public Law 95-88 (91 Stat. 537) and amended by sec. 110 of Public Law
    95-424 (92 Stat. 948) and sec. 122 of Public Law 96-53 (93 Stat. 948),
    was further amended and restated by sec. 307 of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1533). This section previously read as follows:
        ``Sec. 118. Environment and Natural Resources.--(a) The President
    is authorized to furnish assistance under this part for developing and
    strengthening the capacity of less developed countries to protect and
    manage their environment and natural resources. Special efforts shall
    be made to maintain and where possible restore the land, vegetation,
    water, wildlife and other resources upon which depend economic growth
    and human well-being especially that of the poor.
        ``(b) In carrying out programs under this chapter, the President
    shall take into consideration the environmental consequence of
    development actions.''.
        See also sec. 517(e) of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced
    on October 24, 2000, enacted by reference in sec. 101(a) of Public Law
    106-429; 114 Stat. 1900), relating to assistance to the new independent
    states of the former Soviet Union.
        See also sec. 534 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
    Stat. 1228), as amended, relating to ``Global Warming Initiative''.
        See also sec. 533 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2013), as amended, relating to ``Environment and Global
    Warming''.
        See also sec. 532 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1993 (Public Law 102-391; 106
    Stat. 1666), relating to ``Environment''.
    ---------------------------------------------------------------------------
        (b) In order to address the serious problems described in
    subsection (a), the President is authorized to furnish
    assistance under this part for developing and strengthening the
    capacity of developing countries to protect and manage their
    environment and natural resources. Special efforts shall be
    made to maintain and where possible to restore the land,
    vegetation, water, wildlife, and other resources upon which
    depend economic growth and human well-being, especially of the
    poor.
        (c)(1) The President, in implementing programs and projects
    under this chapter and chapter 10 of this part,\85\ shall take
    fully into account the impact of such programs and projects
    upon the environment and natural resources of developing
    countries. Subject to such procedures as the President
    considers appropriate, the President shall require all agencies
    and officials responsible for programs or projects under this
    chapter--
    ---------------------------------------------------------------------------
        \85\ Sec. 562 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2026), added a new chapter 10 to part I of this Act, providing
    for long-term development in sub-Saharan Africa, and made a conforming
    amendment by inserting ``and chapter 10 of this part'' here.
    ---------------------------------------------------------------------------
              (A) to prepare and take fully into account an
            environmental impact statement for any program or
            project under this chapter significantly affecting the
            environment of the global commons outside the
            jurisdiction of any country, the environment of the
            United States, or other aspects of the environment
            which the President may specify; and
              (B) to prepare and take fully into account an
            environmental assessment of any proposed program or
            project under this chapter significantly affecting the
            environment of any foreign country.
    Such agencies and officials should, where appropriate, use
    local technical resources in preparing environmental impact
    statements and environmental assessments pursuant to this
    subsection.
        (2) The President may establish exceptions from the
    requirements of this subsection for emergency conditions and
    for cases in which compliance with those requirements would be
    seriously detrimental to the foreign policy interests of the
    United States.
        Sec. 118.\86\ Tropical Forests.
    ---------------------------------------------------------------------------
        \86\ 22 U.S.C. 2151p-1. Sec. 118 was added by sec. 301(3) of Public
    Law 99-529 (100 Stat. 3014). See also footnote 84.
    ---------------------------------------------------------------------------
        (a) Importance of Forests and Tree Cover.--In enacting
    section 103(b)(3) of this Act the Congress recognized the
    importance of forests and tree cover to the developing
    countries. The Congress is particularly concerned about the
    continuing and accelerating alteration, destruction, and loss
    of tropical forests in developing countries, which pose a
    serious threat to development and the environment. Tropical
    forest destruction and loss--
              (1) result in shortages of wood, especially wood for
            fuel; loss of biologically productive wetlands;
            siltation of lakes, reservoirs, and irrigation systems;
            floods; destruction of indigenous peoples; extinction
            of plant and animal species; reduced capacity for food
            production; and loss of genetic resources; and
              (2) can result in desertification and destabilization
            of the earth's climate.
    Properly managed tropical forests provide a sustained flow of
    resources essential to the economic growth of developing
    countries, as well as genetic resources of value to developed
    and developing countries alike.
        (b) Priorities.--The concerns expressed in subsection (a)
    and the recommendations of the United States Interagency Task
    Force on Tropical Forests shall be given high priority by the
    President--
              (1) in formulating and carrying out programs and
            policies with respect to developing countries,
            including those relating to bilateral and multilateral
            assistance and those relating to private sector
            activities; and
              (2) in seeking opportunities to coordinate public and
            private development and investment activities which
            affect forests in developing countries.
        (c) Assistance to Developing Countries.--In providing
    assistance to developing countries, the President shall do the
    following:
              (1) Place a high priority on conservation and
            sustainable management of tropical forests.
              (2) To the fullest extent feasible, engage in
            dialogues and exchanges of information with recipient
            countries--
                      (A) which stress the importance of conserving
                    and sustainably managing forest resources for
                    the long-term economic benefit of those
                    countries, as well as the irreversible losses
                    associated with forest destruction, and
                      (B) which identify and focus on policies of
                    those countries which directly or indirectly
                    contribute to deforestation.
              (3) To the fullest extent feasible, support projects
            and activities--
                      (A) which offer employment and income
                    alternatives to those who otherwise would cause
                    destruction and loss of forests, and
                      (B) which help developing countries identify
                    and implement alternatives to colonizing
                    forested areas.
              (4) To the fullest extent feasible, support training
            programs, educational efforts, and the establishment or
            strengthening of institutions which increase the
            capacity of developing countries to formulate forest
            policies, engage in relevant land-use planning, and
            otherwise improve the management of their forests.
              (5) To the fullest extent feasible, help end
            destructive slash-and-burn agriculture by supporting
            stable and productive farming practices in areas
            already cleared or degraded and on lands which
            inevitably will be settled, with special emphasis on
            demonstrating the feasibility of agroforestry and other
            techniques which use technologies and methods suited to
            the local environment and traditional agricultural
            techniques and feature close consultation with and
            involvement of local people.
              (6) To the fullest extent feasible, help conserve
            forests which have not yet been degraded, by helping to
            increase production on lands already cleared or
            degraded through support of reforestation, fuelwood,
            and other sustainable forestry projects and practices,
            making sure that local people are involved at all
            stages of project design and implementation.
              (7) To the fullest extent feasible, support projects
            and other activities to conserve forested watersheds
            and rehabilitate those which have been deforested,
            making sure that local people are involved at all
            stages of project design and implementation.
              (8) To the fullest extent feasible, support training,
            research, and other actions which lead to sustainable
            and more environmentally sound practices for timber
            harvesting, removal, and processing, including
            reforestation, soil conservation, and other activities
            to rehabilitate degraded forest lands.
              (9) To the fullest extent feasible, support research
            to expand knowledge of tropical forests and identify
            alternatives which will prevent forest destruction,
            loss, or degradation, including research in
            agroforestry, sustainable management of natural
            forests, small-scale farms and gardens, small-scale
            animal husbandry, wider application of adopted
            traditional practices, and suitable crops and crop
            combinations.
              (10) To the fullest extent feasible, conserve
            biological diversity in forest areas by--
                      (A) supporting and cooperating with United
                    States Government agencies, other donors (both
                    bilateral and multilateral), and other
                    appropriate governmental, intergovernmental,
                    and nongovernmental organizations in efforts to
                    identify, establish, and maintain a
                    representative network of protected tropical
                    forest ecosystems on a worldwide basis;
                      (B) whenever appropriate, making the
                    establishment of protected areas a condition of
                    support for activities involving forest
                    clearance of degradation; and
                      (C) helping developing countries identify
                    tropical forest ecosystems and species in need
                    of protection and establish and maintain
                    appropriate protected areas.
              (11) To the fullest extent feasible, engage in
            efforts to increase the awareness of United States
            Government agencies and other donors, both bilateral
            and multilateral, of the immediate and long-term value
            of tropical forests.
              (12) To the fullest extent feasible, utilize the
            resources and abilities of all relevant United States
            Government agencies.
              (13) Require that any program or project under this
            chapter significantly affecting tropical forests
            (including projects involving the planting of exotic
            plant species)--
                      (A) be based upon careful analysis of the
                    alternatives available to achieve the best
                    sustainable use of the land, and
                      (B) take full account of the environmental
                    impacts of the proposed activities on
                    biological diversity,
            as provided for in the environmental procedures of the
            Agency for International Development.
              (14) Deny assistance under this chapter for--
                      (A) the procurement or use of logging
                    equipment, unless an environmental assessment
                    indicates that all timber harvesting operations
                    involved will be conducted in an
                    environmentally sound manner which minimizes
                    forest destruction and that the proposed
                    activity will produce positive economic
                    benefits and sustainable forest management
                    systems; and
                      (B) actions which significantly degrade
                    national parks or similar protected areas which
                    contain tropical forests or introduce exotic
                    plants or animals into such areas.
              (15) Deny assistance under this chapter for the
            following activities unless an environmental assessment
            indicates that the proposed activity will contribute
            significantly and directly to improving the livelihood
            of the rural poor and will be conducted in an
            environmentally sound manner which supports sustainable
            development:
                      (A) Activities which would result in the
                    conversion of forest lands to the rearing of
                    livestock.
                      (B) The construction, upgrading, or
                    maintenance of roads (including temporary haul
                    roads for logging or other extractive
                    industries) which pass through relatively
                    undegraded forest lands.
                      (C) The colonization of forest lands.
                      (D) The construction of dams or other water
                    control structures which flood relatively
                    undegraded forest lands.
        (d) PVOs and Other Nongovernmental Organizations.--Whenever
    feasible, the President shall accomplish the objectives of this
    section through projects managed by private and voluntary
    organizations or international, regional, or national
    nongovernmental organizations which are active in the region or
    country where the project is located.
        (e) Country Analysis Requirements.--Each country
    development strategy statement or other country plan prepared
    by the Agency for International Development shall include an
    analysis of--
              (1) the actions necessary in that country to achieve
            conservation and sustainable management of tropical
            forests, and
              (2) the extent to which the actions proposed for
            support by the Agency meet the needs thus identified.
        (f) \87\ Annual Report.--Each annual report required by
    section 634(a) of this Act shall include a report on the
    implementation of this section.
    ---------------------------------------------------------------------------
        \87\ Sec. 209(e)(3) of the Admiral James W. Nance and Meg Donovan
    Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
    3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
    113 Stat. 1536), stated that sec. 3003(a)(1) of Public Law 104-66 (109
    Stat. 734) is not applicable to this subsection. Sec. 3003(a)(1) of
    that Act, as amended, provided that ``* * * each provision of law
    requiring the submittal to Congress (or any committee of the Congress)
    of any annual, semiannual, or other regular periodic report specified
    on the list * * * [prepared by the Clerk of the House of
    Representatives for the first session of the One Hundred Third
    Congress] shall cease to be effective, with respect to that
    requirement, May 15, 2000.''.
    ---------------------------------------------------------------------------
        Sec. 119.\88\ Renewable and Unconventional Energy
    Technologies. * * * [Repealed--1980]
    ---------------------------------------------------------------------------
        \88\ Sec. 119, as added by Public Law 95-88 (91 Stat. 528), amended
    by sec. 111 of the International Development and Food Assistance Act of
    1978 (92 Stat. 948), and by sec. 107 of the International Development
    Cooperation Act of 1979 (93 Stat. 362), was repealed by sec. 304(g) of
    the International Security and Development Cooperation Act of 1980
    (Public Law 96-533; 94 Stat. 3147). See sec. 106 of this Act for text
    concerning energy technologies.
    ---------------------------------------------------------------------------
        Sec. 119.\89\ Endangered Species.--(a) The Congress finds
    the survival of many animal and plant species is endangered by
    overhunting, by the presence of toxic chemicals in water, air
    and soil, and by the destruction of habitats. The Congress
    further finds that the extinction of animal and plant species
    is an irreparable loss with potentially serious environmental
    and economic consequences for developing and developed
    countries alike. Accordingly, the preservation of animal and
    plant species through the regulation of the hunting and trade
    in endangered species, through limitations on the pollution of
    natural ecosystems, and through the protection of wildlife
    habitats should be an important objective of the United States
    development assistance.
    ---------------------------------------------------------------------------
        \89\ 22 U.S.C. 2151q. Sec. 119, pars. (a) and (b) were added by
    sec. 702 of the International Environment Protection Act of 1983 (title
    VII of the Department of State Authorization Act, Fiscal Years 1984 and
    1985, Public Law 98-164; 97 Stat. 1045).
    ---------------------------------------------------------------------------
        (b) \89\ In order to preserve biological diversity, the
    President is authorized to furnish assistance under this part,
    notwithstanding section 660,\90\ to assist countries in
    protecting and maintaining wildlife habitats and in developing
    sound wildlife management and plant conservation programs.
    Special efforts should be made to establish and maintain
    wildlife sanctuaries, reserves, and parks; to enact and enforce
    anti-poaching measures; and to identify, study, and catalog
    animal and plant species, especially in tropical environments.
    ---------------------------------------------------------------------------
        \90\ Section 533(d)(4)(A) of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1990 (Public Law
    101-167; 103 Stat. 1227), added ``notwithstanding section 660'' at this
    point.
    ---------------------------------------------------------------------------
        (c) \91\ Funding Level.--For fiscal year 1987, not less
    than $2,500,000 of the funds available to carry out this part
    (excluding funds made available to carry out section 104(c)(2),
    relating to the Child Survival Fund) shall be allocated for
    assistance pursuant to subsection (b) for activities which were
    not funded prior to fiscal year 1987. In addition, the Agency
    for International Development shall, to the fullest extent
    possible, continue and increase assistance pursuant to
    subsection (b) for activities for which assistance was provided
    in fiscal years prior to fiscal year 1987.
    ---------------------------------------------------------------------------
        \91\ Pars. (c) through (h) were added by sec. 302 of Public Law 99-
    529 (100 Stat. 3017).
    ---------------------------------------------------------------------------
        (d) \91\ Country Analysis Requirements.--Each country
    development strategy statement or other country plan prepared
    by the Agency for International Development shall include an
    analysis of--
              (1) the actions necessary in that country to conserve
            biological diversity, and
              (2) the extent to which the actions proposed for
            support by the Agency meet the needs thus identified.
        (e) \91\ Local Involvement.--To the fullest extent
    possible, projects supported under this section shall include
    close consultation with and involvement of local people at all
    stages of design and implementation.
        (f) \91\ PVOs and Other Nongovernmental Organizations.--
    Whenever feasible, the objectives of this section shall be
    accomplished through projects managed by appropriate private
    and voluntary organizations, or international, regional, or
    national nongovernmental organizations, which are active in the
    region or country where the project is located.
        (g) \91\ Actions by AID.--The Administrator of the Agency
    for International Development shall--
              (1) cooperate with appropriate international
            organizations, both governmental and nongovernmental;
              (2) look to the World Conservation Strategy as an
            overall guide for actions to conserve biological
            diversity;
              (3) engage in dialogues and exchanges of information
            with recipient countries which stress the importance of
            conserving biological diversity for the long-term
            economic benefit of those countries and which identify
            and focus on policies of those countries which directly
            or indirectly contribute to loss of biological
            diversity;
              (4) support training and education efforts which
            improve the capacity of recipient countries to prevent
            loss of biological diversity;
              (5) whenever possible, enter into long-term
            agreements in which the recipient country agrees to
            protect ecosystems or other wildlife habitats
            recommended for protection by relevant governmental or
            nongovernmental organizations or as a result of
            activities undertaken pursuant to paragraph (6), and
            the United States agrees to provide, subject to
            obtaining the necessary appropriations, additional
            assistance necessary for the establishment and
            maintenance of such protected areas;
              (6) support, as necessary and in cooperation with the
            appropriate governmental and nongovernmental
            organizations, efforts to identify and survey
            ecosystems in recipient countries worthy of protection;
              (7) cooperate with and support the relevant efforts
            of other agencies of the United States Government,
            including the United States Fish and Wildlife Service,
            the National Park Service, the Forest Service, and the
            Peace Corps;
              (8) review the Agency's environmental regulations and
            revise them as necessary to ensure that ongoing and
            proposed actions by the Agency do not inadvertently
            endanger wildlife species or their critical habitats,
            harm protected areas, or have other adverse impacts on
            biological diversity (and shall report to the Congress
            within a year after the date of enactment of this
            paragraph on the actions taken pursuant to this
            paragraph);
              (9) ensure that environmental profiles sponsored by
            the Agency include information needed for conservation
            of biological diversity; and
              (10) deny any direct or indirect assistance under
            this chapter for actions which significantly degrade
            national parks or similar protected areas or introduce
            exotic plants or animals into such areas.
        (h) \91\ Annual Reports.--Each annual report required by
    section 634(a) of this Act shall include, in a separate volume,
    a report on the implementation of this section.
        Sec. 120.\92\ Sahel Development Program--Planning.--(a) The
    Congress reaffirms its support of \93\ the initiative of the
    United States Government in undertaking consultations and
    planning with the countries concerned, and with other nations
    providing assistance, with the United Nations, and with other
    concerned international and regional organizations, toward the
    development and support of a comprehensive long-term African
    Sahel development program.
    ---------------------------------------------------------------------------
        \92\ 22 U.S.C. 2151r. Sec. 120, originally added as sec. 639B of
    this Act by sec. 20 of the FA Act of 1973 and later redesignated as
    sec. 494B by sec. 101(5) of Public Law 94-161 (89 Stat. 849), was again
    redesignated as sec. 120 by sec. 115(1) of the International
    Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat.
    539).
        The title caption ``Sahel Development Program--Planning'' was
    inserted in lieu of ``African Development Program'' by sec. 115(2) of
    the International Development and Food Assistance Act of 1977 (Public
    Law 95-88; 91 Stat. 539).
        \93\ The words in the first sentence of subsec. (a), ``reaffirms
    its support of'', were substituted in lieu of ``supports'' by sec.
    101(7)(C) of Public Law 94-161 (89 Stat. 849).
    ---------------------------------------------------------------------------
        (b) \94\ The President is authorized to develop a long-term
    comprehensive development program for the Sahel and other
    drought-stricken nations in Africa.
    ---------------------------------------------------------------------------
        \94\ Subsecs. (b), (c), and (d) were added by sec. 101(7)(D) of
    Public Law 94-161 (89 Stat. 849). Subsec. (d) was subsequently repealed
    by sec. 502(d)(1) of the International Development and Food Assistance
    Act of 1978 (Public Law 95-424; 92 Stat. 959).
    ---------------------------------------------------------------------------
        (c) \94\ In developing this long-term program, the
    President shall--
              (1) consider international coordination for the
            planning and implementation of such program;
              (2) seek greater participation and support by African
            countries and organizations in determining development
            priorities; and
              (3) begin such planning immediately.
        (d) \94\ * * * [Repealed--1978]
        Sec. 121.\95\ Sahel Development Program--Implementation. *
    * * [Repealed--1990]
    ---------------------------------------------------------------------------
        \95\ Sec. 562 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2026), added a new chapter 10 to part I of this Act, providing
    for long-term development in sub-Saharan Africa, and made a conforming
    amendment by repealing sec. 121. Sec. 121, as added by sec. 115(3) of
    the International Development and Food Assistance Act of 1977 (Public
    Law 95-88; 91 Stat. 53), and amended by sec. 108 of the International
    Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 363),
    sec. 809 of the International Security and Development Cooperation Act
    of 1985 (Public Law 99-83; 99 Stat. 263), International Security and
    Development Assistance Authorization Act of 1983 (sec. 101(b)(2) of the
    Further Continuing Appropriations, 1984, Public Law 98-151; 97 Stat.
    969), sec. 308 of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1535), and sec.
    306 of Public Law 96-533 (94 Stat. 363), formerly read as follows:
        ``Sec. 121. Sahel Development Program--Implementation.--(a) The
    President is authorized to furnish assistance, on such terms and
    conditions as he may determine, for the long-term development of the
    Sahelian region. Assistance furnished under this section shall be in
    accordance with a long-term, multidonor development plan which calls
    for equitable burden sharing with other donors and shall be furnished,
    whenever appropriate, in cooperation with an international coordinating
    mechanism.
        ``(b) The President shall prepare an annual report on the Sahel
    Development Program concerning the allocation of the United States
    contribution to the Program, the extent of the contributions from other
    donor countries, the effectiveness of the integrated effort through the
    Club des Amis du Sahel, and the progress made in achieving the
    objectives of the program.
        ``(c) There are authorized to be appropriated to the President for
    purposes of this section beginning in the fiscal year 1978, in addition
    to funds otherwise available for such purposes, $200,000,000, except
    that not to exceed $50,000,000, may be appropriated under this section
    for the fiscal year 1978. In addition to the amount authorized in the
    preceding sentence and to funds otherwise available for such purposes,
    there are authorized to be appropriated to the President for purposes
    of this section $25,000,000. In addition to the amounts authorized in
    the preceding sentences and to funds otherwise available for such
    purposes, there are authorized to be appropriated to the President for
    purposes of this section $86,558,000 for the fiscal year 1986 and
    $87,750,000 for the fiscal year 1987. Amounts appropriated under this
    section are authorized to remain available until expended.
        ``(d) Funds available to carry out this section (including foreign
    currencies acquired with funds appropriated to carry out this section)
    may not be made available to any foreign government for disbursement
    unless the Administrator of the Agency for International Development
    determines that the foreign government will maintain a system of
    accounts with respect to those funds which will provide adequate
    identification of and control over the receipt and expenditure of those
    funds.
        ``(e) Grants shall be made under this section to Sahel Development
    Program host governments in order to help them enhance their
    administrative capabilities to meet the administrative requirements
    resulting from donor country projects and activities.''.
    ---------------------------------------------------------------------------
        Sec. 122.\96\ General Authorities.--(a) In order to carry
    out the purposes of this chapter, the President is authorized
    to furnish assistance, on such terms and conditions as he may
    determine, to countries and areas through programs of grant and
    loan assistance, bilaterally or through regional, multilateral,
    or private entities.
    ---------------------------------------------------------------------------
        \96\ 22 U.S.C. 2151t. Subsec. (a) of sec. 122 was added by sec.
    102(a) of the International Development and Food Assistance Act of 1978
    (Public Law 95-424; 92 Stat. 940). Sec. 102(b) of that same Act
    substantially amended subsecs. (b), (c), and (d) of sec. 201 of this
    Act, consolidating them into one subsec. (b), and then moving it to
    become subsec. (b) of sec. 122.
    ---------------------------------------------------------------------------
        (b) \96\ The President is authorized to make loans payable
    as to principal and interest in United States dollars on such
    terms and conditions as he may determine, in order to promote
    the economic development of countries and areas, with emphasis
    upon assisting long range plans and programs designed to
    develop economic resources and increase productive capacities.
    The President shall determine the interest payable on any loan.
    In making loans under this chapter, the President shall
    consider the economic circumstances of the borrower and other
    relevant factors, including the capacity of the recipient
    country to repay the loan at a reasonable rate of interest,
    except that loans may not be made at a rate of interest of less
    than 3 per centum per annum commencing not later than ten years
    following the date on which the funds are initially made
    available under the loan, during which ten-year period the rate
    of interest shall not be lower than 2 per centum per annum, nor
    higher than the applicable legal rate of interest of the
    country in which the loan is made.
        (c) \97\ Dollar receipts paid during any fiscal year from
    loans made under this part or from loans made under predecessor
    foreign assistance legislation shall be deposited in the
    Treasury as miscellaneous receipts.
    ---------------------------------------------------------------------------
        \97\ Subsecs. (c) and (d) were added by sec. 102(c)(1) of the
    International Development and Food Assistance Act of 1978 (Public Law
    95-424; 92 Stat. 941).
    ---------------------------------------------------------------------------
        (d) \97\ Not to exceed $10,000,000 of the funds made
    available each fiscal year for the purposes of this chapter may
    be used for assistance on such terms and conditions as the
    President may determine, to research and educational
    institutions in the United States for the purpose of
    strengthening their capacity to develop and carry out programs
    concerned with the economic and social development of
    developing countries.
        (e) \98\ The President shall establish an interagency
    Development Loan Committee, consisting of such officers from
    such agencies of the United States Government as he may
    determine, which shall, under the direction of the President,
    establish standards and criteria for lending operations under
    this chapter in accordance with the foreign and financial
    policies of the United States. Except in the case of officers
    serving in positions to which they were appointed by the
    President by and with the advice and consent of the Senate,
    officers assigned to the Committee shall be so assigned by the
    President by and with the advice and consent of the Senate.
    ---------------------------------------------------------------------------
        \98\ Subsec. (e) formerly appeared in this Act as sec. 204. Such
    sec. 204 was redesignated as subsec. (e) of this section by sec. 102(d)
    of the International Development and Food Assistance Act of 1978
    (Public Law 95-424; 92 Stat. 941).
    ---------------------------------------------------------------------------
        Sec. 123.\99\ Private and Voluntary Organizations and
    Cooperatives in Overseas Development.--(a) The Congress finds
    that the participation of rural and urban poor people in their
    countries' development can be assisted and accelerated in an
    effective manner through an increase in activities planned and
    carried out by private and voluntary organizations and
    cooperatives. Such organizations and cooperatives, embodying
    the American spirit of self-help and assistance to others to
    improve their lives and incomes, constitute an important means
    of mobilizing private American financial and human resources to
    benefit poor people in developing countries. The Congress
    declares that it is in the interest of the United States that
    such organizations and cooperatives expand their overseas
    development efforts without compromising their private and
    independent nature. The Congress further declares that the
    financial resources of such organizations and cooperatives
    should be supplemented by the contribution of public funds for
    the purpose of undertaking development activities in accordance
    with the principles set forth in section 102 and, if necessary
    and determined on a case-by-case basis, for the purpose of
    sharing the cost of developing programs related to such
    activities.\100\ The Congress urges the Administrator of the
    agency primarily responsible for administering this part, in
    implementing programs authorized under this part, to draw on
    the resources of private and voluntary organizations and
    cooperatives to plan and carry out development activities and
    to establish simplified procedures for the development and
    approval of programs to be carried out by such private and
    voluntary organizations and cooperatives as have demonstrated a
    capacity to undertake effective development activities.\101\
    ---------------------------------------------------------------------------
        \99\ 22 U.S.C. 2151u. Sec. 123 was added by sec. 102(e) of the
    International Development and Food Assistance Act of 1978 (Public Law
    95-424; 92 Stat. 941).
        Title II of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October
    24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429;
    114 Stat. 1900A-8; 22 U.S.C. 2151u note), provided the following:
    ---------------------------------------------------------------------------

                     ``PRIVATE AND VOLUNTARY ORGANIZATIONS
    ---------------------------------------------------------------------------
        ``None of the funds appropriated or otherwise made available by
    this Act for development assistance may be made available to any United
    States private and voluntary organization, except any cooperative
    development organization, which obtains less than 20 percent of its
    total annual funding for international activities from sources other
    than the United States Government: Provided, That the Administrator of
    the Agency for International Development, after informing the
    Committees on Appropriations, may, on a case-by-case basis, waive the
    restriction contained in this paragraph, after taking into account the
    effectiveness of the overseas development activities of the
    organization, its level of volunteer support, its financial viability
    and stability, and the degree of its dependence for its financial
    support on the agency.
        ``Funds appropriated or otherwise made available under title II of
    this Act should be made available to private and voluntary
    organizations at a level which is at least equivalent to the level
    provided in fiscal year 1995.''.
        \100\ The words to this point beginning with ``and, if necessary *
    * *'' were added by sec. 307(1) of the International Security and
    Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147).
        \101\ The words to this point beginning with ``and to establish * *
    *'' were added by sec. 307(2) of the International Security and
    Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147).
    ---------------------------------------------------------------------------
        (b) In order to further the efficient use of United States
    voluntary contributions for development, relief, and
    rehabilitation of friendly peoples, the President is authorized
    to use funds made available for the purposes of this chapter
    and chapter 10 of this part \102\ to pay transportation charges
    on shipments by the American National Red Cross and by United
    States voluntary agencies registered with the Agency for
    International Development.\103\
    ---------------------------------------------------------------------------
        \102\ Sec. 562 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2026), added a new chapter 10 to part I of this Act, providing
    for long-term development in sub-Saharan Africa, and made a conforming
    amendment by inserting ``and chapter 10 of this part'' here.
        \103\ This reference to the Agency for International Development
    was substituted in lieu of a reference to the Advisory Committee on
    Voluntary Foreign Aid by sec. 121 of the International Development
    Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366).
    ---------------------------------------------------------------------------
        (c) Reimbursement under this section may be provided for
    transportation charges on shipments from United States ports,
    or in the case of excess or surplus property supplied by the
    United States from foreign ports, to ports of entry abroad or
    to points of entry abroad in cases (1) of landlocked countries,
    (2) where ports cannot be used effectively because of natural
    or other disturbances, (3) where carriers to a specified
    country are unavailable, or (4) where a substantial savings in
    costs or time can be effected by the utilization of points of
    entry other than ports.
        (d) Where practicable, the President shall make
    arrangements with the receiving country for free entry of such
    shipments and for the making available by the country of local
    currencies for the purpose of defraying the transportation
    costs of such shipments from the port or point of entry of the
    receiving country to the designated shipping point of the
    consignee.
        (e) \104\ Prohibitions on assistance to countries contained
    in this or any other Act shall not be construed to prohibit
    assistance by the agency primarily responsible for
    administering this part in support of programs of private and
    voluntary organizations and cooperatives already being
    supported prior to the date such prohibition becomes
    applicable. The President shall take into consideration, in any
    case in which statutory prohibitions on assistance would be
    applicable but for this subsection, whether continuation of
    support for such programs is in the national interest of the
    United States. If the President continues such support after
    such date, he shall prepare and transmit, not later than one
    year \105\ after such date, to the Speaker of the House of
    Representatives and to the chairman of the Committee on Foreign
    Relations of the Senate a report setting forth the reasons for
    such continuation.
    ---------------------------------------------------------------------------
        \104\ Subsec. (e) was added by sec. 307(3) of the International
    Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
    Stat. 3147).
        See a similar authority in the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2000 (H.R. 3422, as
    introduced on November 17, 1999, enacted by reference in sec.
    1000(a)(2) of Public Law 106-113; 113 Stat. 1535), in section 541.
        \105\ Sec. 309(a) of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), substituted
    the words ``one year'' in lieu of ``thirty days''.
    ---------------------------------------------------------------------------
        (f) \106\ For each of the fiscal years 1986 through 1989
    \107\ funds in an amount not less than thirteen and one-half
    percent of the aggregate amount appropriated for that fiscal
    year to carry out sections 103(a), 104(b), 104(c), 105, 106,
    121, and 491 of this Act shall be made available for the
    activities of private and voluntary organizations, and the
    President shall seek to channel funds in an amount not less
    than sixteen percent of such aggregate amount for the
    activities of private and voluntary organizations. Funds made
    available under chapter 4 of part II of this Act for the
    activities of private and voluntary organizations may be
    considered in determining compliance with the requirements of
    this subsection.\107\
    ---------------------------------------------------------------------------
        \106\ Subsecs. (f) and (g) were added by sec. 309 of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1535). Subsec. (g) was repealed by title II of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1999 (division A, sec. 101(d) of Public Law 105-
    277; 112 Stat. 2681). Subsec. (g), as amended, had read as follows:
        ``(g) After December 31, 1984, funds made available to carry out
    section 103(a), 104(b), 104(c), 105, 106, 491, or 496 of this Act may
    not be made available for programs of any United States private and
    voluntary organization which does not obtain at least 20 percent of its
    total annual financial support for its international activities from
    sources other than the United States Government, except that this
    restriction does not apply with respect to programs which, as of that
    date, are receiving financial support from the agency primarily
    responsible for administering this part. The Administrator of the
    agency primarily responsible for administering this part may, on a
    case-by-case basis, waive the restriction established by this
    subsection, after taking into account the effectiveness of the overseas
    development activities of the organization, its level of volunteer
    support, its financial viability and stability, and the degree of its
    dependence for its financial support on the agency primarily
    responsible for administering this part.''.
        \107\ Sec. 309(b) of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), amended sec.
    123(f) by striking out ``1982, 1983 and 1984'' and substituting ``1986
    through 1989''; by striking out ``twelve'' and by inserting in lieu
    thereof ``thirteen and one half'', and by adding the current last
    sentence.
    ---------------------------------------------------------------------------
        (g) \106\ * * * [Repealed--1998]
        (h) \108\ The Congress recognizes that, in addition to
    their role in social and economic development, cooperatives
    provide an opportunity for people to participate directly in
    democratic decisionmaking. Therefore, assistance under this
    chapter shall be provided to rural and urban cooperatives which
    offer large numbers of low- and middle-income people in
    developing countries an opportunity to participate directly in
    democratic decisionmaking. Such assistance shall be designed to
    encourage the adoption of self-help, private sector cooperative
    techniques and practices which have been successful in the
    United States.
    ---------------------------------------------------------------------------
        \108\ Subsec. (h) was added by sec. 310 of Public Law 99-83 (99
    Stat. 190).
    ---------------------------------------------------------------------------
        Sec. 124.\109\ Relatively Least Developed Countries.--(a)
    Relatively least developed countries (as determined on the
    basis of criteria comparable to those used for the United
    Nations General Assembly list of ``least developed countries'')
    are characterized by extreme poverty, very limited
    infrastructure, and limited administrative capacity to
    implement basic human needs growth strategies. In such
    countries special measures may be necessary to insure the full
    effectiveness of assistance furnished under this part.
    ---------------------------------------------------------------------------
        \109\ 22 U.S.C. 2151v. Sec. 124 was added by sec. 112(a)(1) of the
    International Development and Food Assistance Act of 1978 (Public Law
    95-424; 92 Stat. 948).
    ---------------------------------------------------------------------------
        (b) For the purpose of promoting economic growth in these
    countries, the President is authorized and encouraged to make
    assistance under this chapter available on a grant basis to the
    maximum extent that is consistent with the attainment of United
    States development objectives.
        (c) \110\ (1) The Congress recognizes that the relatively
    least developed countries have virtually no access to private
    international capital markets. Insofar as possible, prior
    assistance terms should be consistent with present grant
    assistance terms for relatively least developed countries.
    Therefore, notwithstanding section 620(r) of this Act and
    section 321 of the International Development and Food
    Assistance Act of 1975 but subject to paragraph (2) of this
    subsection, the President on a case-by-case basis, taking into
    account the needs of the country for financial resources and
    the commitment of the country to the development objectives set
    forth in sections 101 and 102--
    ---------------------------------------------------------------------------
        \110\ Sec. 112(a)(2) of the International Development and Food
    Assistance Act of 1978 (92 Stat. 949) stated that the authority granted
    by subsec. (c) shall not become effective until October 1, 1979.
    ---------------------------------------------------------------------------
              (A) may permit a relatively least developed country
            to place amounts, which would otherwise be paid to the
            United States as payments on principal or interest on
            liability incurred by that country under this part (or
            any predecessor legislation) into local currency
            accounts (in equivalent amounts of local currencies as
            determined by the official exchange rate for United
            States dollars) for use by the relatively least
            developed country, with the concurrence of the
            Administrator of the agency primarily responsible for
            administering this part, for activities which are
            consistent with section 102; and
              (B) may waive interest payments on liability incurred
            by a relatively least developed country under this part
            (or any predecessor legislation) if the President
            determines that that country would be unable to use for
            development purposes the equivalent amounts of local
            currencies which could be made available under
            subparagraph (A).
        (2) The aggregate amount of interest waived and interest
    and principal paid into local currency accounts under this
    subsection in any fiscal year may not exceed the amount
    approved for such purpose in an Act appropriating funds to
    carry out this chapter for that fiscal year, which amount may
    not exceed the amount authorized to be so approved by the
    annual authorizing legislation for development assistance
    programs. Amounts due and payable during fiscal year 1981 to
    the United States from relatively least developed countries on
    loans made under this part (or any predecessor legislation) are
    authorized to be approved for use, in accordance with the
    provisions of paragraph (1) of this subsection, in an amount
    not to exceed $10,845,000.\111\
    ---------------------------------------------------------------------------
        \111\ This sentence was added by sec. 109 of the International
    Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 363).
    The authorization figure for fiscal year 1981 was substituted in lieu
    of the fiscal year 1980 authorization ($18,800,000) by sec. 308 of the
    International Security and Development Cooperation Act of 1980 (Public
    Law 96-533; 94 Stat. 3147).
    ---------------------------------------------------------------------------
        (3) In exercising the authority granted by this subsection,
    the President should act in concert with other creditor
    countries.
        (d) The President may on a case-by-case basis waive the
    requirement of section 110(a) for financial or ``in kind''
    contributions in the case of programs, projects, or activities
    in relatively least developed countries.
        (e) Section 110(b) shall not apply with respect to grants
    to relatively least developed countries.
        Sec. 125.\112\ Project and Program Evaluation.--(a) The
    Administrator of the agency primarily responsible for
    administering this part is directed to improve the assessment
    and evaluation of the programs and projects carried out by that
    agency under this chapter. The Administrator shall consult with
    the appropriate committees of the Congress in establishing
    standards for such evaluations.
    ---------------------------------------------------------------------------
        \112\ 22 U.S.C. 2151w. Sec. 125 was added by sec. 113 of the
    International Development and Food Assistance Act of 1978 (Public Law
    95-424; 92 Stat. 950). The responsibility of the Administrator
    mentioned in this section was transferred to the Director of IDCA,
    pursuant to sec. 6 of Reorganization Plan No. 2 of 1979 (establishing
    IDCA). The Reorganization Plan No. 2 of 1979 ceased to be effective
    with enactment of the Foreign Affairs Reform and Restructuring Act of
    1998, pursuant to sec. 1422(a)(1) (division G of Public Law 105-277;
    112 Stat. 2681).
    ---------------------------------------------------------------------------
        (b) \113\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \113\ Subsec. (b), which required the President to report to
    Congress on improvements to the evaluation of projects and programs
    conducted by the international financial institutions and the United
    Nations Development Program, was repealed by sec. 734(a)(1) of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1560). Such report was submitted on March 26,
    1979.
    ---------------------------------------------------------------------------
        Sec. 126.\114\ Development and Illicit Narcotics
    Production.--(a) The Congress recognizes that illicit narcotics
    cultivation is related to overall development problems and that
    the vast majority of all individuals employed in the
    cultivation of illicit narcotics reside in the developing
    countries and are among the poorest of the poor in those
    countries and that therefore the ultimate success of any effort
    to eliminate illicit narcotics production depends upon the
    availability of alternative economic opportunities for those
    individuals, upon other factors which assistance under this
    chapter could address, as well as upon direct narcotics control
    efforts.
    ---------------------------------------------------------------------------
        \114\ 22 U.S.C. 2151x. Sec. 126 was added by sec. 110 of the
    International Development Cooperation Act of 1979 (Public Law 96-53; 93
    Stat. 363).
    ---------------------------------------------------------------------------
        (b)(1) \115\ In planning programs of assistance under this
    chapter, and chapter 10 of this part,\115\ and under chapter 4
    of part II \115\ for countries in which there is illicit
    narcotics cultivation, the agency primarily responsible for
    administering this part should give priority consideration to
    programs which would help reduce illicit narcotics cultivation
    by stimulating broader development opportunities.
    ---------------------------------------------------------------------------
        \115\ Sec. 603 of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), amended
    subsec. (b) by inserting the words: ``and under chapter 4 of Part II''
    and by inserting the paragraph designation ``(1)'', and by adding a new
    paragraph (2).
        Sec. 562 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2026),
    added a new chapter 10 to part I of this Act, providing for long-term
    development in sub-Saharan Africa, and made a conforming amendment by
    inserting ``, and chapter 10 of this part,''.
    ---------------------------------------------------------------------------
        (2) \115\ The agency primarily responsible for
    administering this part may utilize resources for activities
    aimed at increasing awareness of the effects of production and
    trafficking of illicit narcotics on source and transit
    countries.
        (c) In furtherance of the purposes of this section, the
    agency primarily responsible for administering this part shall
    cooperate fully with, and share its expertise in development
    matters with, other agencies of the United States Government
    involved in narcotics control activities abroad.
        Sec. 127.\116\ Accelerated Loan Repayments.--The
    Administrator of the agency primarily responsible for
    administering this part shall conduct an annual review of
    bilateral concessional loan balances and shall determine and
    identify those countries whose financial resources make
    possible accelerated loan repayments. In particular, European
    countries that were recipients of concessional loans by
    predecessor agencies to the agency primarily responsible for
    administering this part shall be contacted to negotiate
    accelerated repayments. The criteria used by the Administrator
    in making these determinations shall be established in
    conjunction with the Committee on Foreign Affairs \117\ of the
    House of Representatives and the Committee on Foreign Relations
    of the Senate.
    ---------------------------------------------------------------------------
        \116\ 22 U.S.C. 2151y. Sec. 127 was added by sec. 508(a) of the
    International Development Cooperation Act of 1979 (Public Law 96-53; 93
    Stat. 379). Sec. 508(b) called on the administration to describe the
    efforts made to negotiate accelerated loan repayments in accordance
    with sec. 127 within the annual reports on foreign assistance submitted
    to Congress in 1980 and 1981 pursuant to sec. 634 of this Act.
        \117\ 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. 128.\118\ Targeted Assistance.--(a) The President
    shall use poverty measurement standards, such as those
    developed by the International Bank for Reconstruction and
    Development, and other appropriate measurements in determining
    target populations for United States development assistance,
    and shall strengthen United States efforts to assure that a
    substantial percentage of development assistance under this
    chapter directly improves the lives of the poor majority, with
    special emphasis on those individuals living in absolute
    poverty.
    ---------------------------------------------------------------------------
        \118\ 22 U.S.C. 2151z. Sec. 128 was added by sec. 101(b)(2) of
    Public Law 97-377 (96 Stat. 1832). Sec. 121(b)(2) of such Act also
    required a report to Congress within six months from the Administrator
    of AID on the implementation of this provision, the types of projects
    determined to meet these requirements, and the effect on the overall
    U.S. foreign assistance program.
        Sec. 312(a) of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) amended sec.
    128 by replacing its previous text into new paragraphs ``(a)'' and
    ``(b).'' Previously sec. 128 read as follows:
        ``Sec. 128. Targeting Assistance for Those Living in Absolute
    Poverty.--In carrying out this chapter, the President in fiscal year
    1983, shall attempt to use not less than 40 per centum of the funds
    made available to carry out this chapter to finance productive
    facilities, goods, and services which will expeditiously and directly
    benefit those living in absolute poverty (as determined under the
    standards for absolute poverty adopted by the International Bank for
    Reconstruction and Development and the International Development
    Association). Such facilities, goods, and services may include, for
    example, irrigation facilities, extension services, credit for small
    farmers, roads, safe drinking water supplies, and health services. Such
    facilities, goods, and services may not include studies, reports,
    technical advice, consulting services, or any other items unless (A)
    they are used primarily by those living in absolute poverty themselves,
    or (B) they constitute research which produces or aims to produce
    techniques, seeds, or other items to be primarily used by those living
    in absolute poverty. Research shall not constitute the major part of
    such facilities, goods, and services.''.
        Sec. 312(b) of Public Law 99-83 (99 Stat. 190), amended sec.
    634(a)(1) of this Act, requiring annual reports to Congress to include
    an evaluation of the extent to which programs under chapter 1 part I
    directly benefit the poor majority.
    ---------------------------------------------------------------------------
        (b) To the maximum extent possible, activities under this
    chapter that attempt to increase the institutional capabilities
    of private organizations or governments, or that attempt to
    stimulate scientific and technological research, shall be
    designed and monitored to ensure that the ultimate
    beneficiaries of these activities are the poor majority.

    SEC. 129.\119\ PROGRAM TO PROVIDE TECHNICAL ASSISTANCE TO FOREIGN
                        GOVERNMENTS AND FOREIGN CENTRAL BANKS OF DEVELOPING
                        OR TRANSITIONAL COUNTRIES.

        (a) Establishment of Program.--
              (1) In general.--Not later than 150 days after the
            date of the enactment of this section, the Secretary of
            the Treasury, after consultation with the Secretary of
            State and the Administrator of the United States Agency
            for International Development, is authorized to
            establish a program to provide technical assistance to
            foreign governments and foreign central banks of
            developing or transitional countries.
    ---------------------------------------------------------------------------
        \119\ 22 U.S.C. 2151aa. Added by sec. 589(a) of the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1999 (division A, sec. 101(d) of Public Law 105-277; 112 Stat. 2681).
        Title II of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October
    24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429;
    114 Stat. 1900A-16), provided the following:
    ---------------------------------------------------------------------------

                          ``Department of the Treasury

                  ``international affairs technical assistance
    ---------------------------------------------------------------------------
        ``For necessary expenses to carry out the provisions of section 129
    of the Foreign Assistance Act of 1961 (relating to international
    affairs technical assistance activities), $6,000,000, to remain
    available until expended, which shall be available notwithstanding any
    other provision of law.''.
    ---------------------------------------------------------------------------
              (2) Role of secretary of state.--The Secretary of
            State shall provide foreign policy guidance to the
            Secretary to ensure that the program established under
            this subsection is effectively integrated into the
            foreign policy of the United States.
        (b) Conduct of Program.--
              (1) In general.--In carrying out the program
            established under subsection (a), the Secretary shall
            provide economic and financial technical assistance to
            foreign governments and foreign central banks of
            developing and transitional countries by providing
            advisers with appropriate expertise to advance the
            enactment of laws and establishment of administrative
            procedures and institutions in such countries to
            promote macroeconomic and fiscal stability, efficient
            resource allocation, transparent and market-oriented
            processes and sustainable private sector growth.
              (2) Additional requirements.--To the extent
            practicable, such technical assistance shall be
            designed to establish--
                      (A) tax systems that are fair, objective, and
                    efficiently gather sufficient revenues for
                    governmental operations;
                      (B) debt issuance and management programs
                    that rely on market forces;
                      (C) budget planning and implementation that
                    permits responsible fiscal policy management;
                      (D) commercial banking sector development
                    that efficiently intermediates between savers
                    and investors; and
                      (E) financial law enforcement to protect the
                    integrity of financial systems, financial
                    institutions, and government programs.
              (3) \120\ Emphasis on anti-corruption.--Such
            technical assistance shall include elements designed to
            combat anti-competitive, unethical, and corrupt
            activities, including protection against actions that
            may distort or inhibit transparency in market
            mechanisms and, to the extent applicable, privatization
            procedures.
    ---------------------------------------------------------------------------
        \120\ Sec. 204 of the International Anti-Corruption and Good
    Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1092)
    added para. (3).
    ---------------------------------------------------------------------------
        (c) Administrative Requirements.--In carrying out the
    program established under subsection (a), the Secretary--
              (1) shall establish a methodology for identifying and
            selecting foreign governments and foreign central banks
            to receive assistance under the program;
              (2) prior to selecting a foreign government or
            foreign central bank to receive assistance under the
            program, shall receive the concurrence of the Secretary
            of State with respect to the selection of such
            government or central bank and with respect to the cost
            of the assistance to such government or central bank;
              (3) shall consult with the heads of appropriate
            Executive agencies of the United States, including the
            Secretary of State and the Administrator of the United
            States Agency for International Development, and
            appropriate international financial institutions to
            avoid duplicative efforts with respect to those foreign
            countries for which such agencies or organizations
            provide similar assistance;
              (4) shall ensure that the program is consistent with
            the International Affairs Strategic Plan and Mission
            Performance Plan of the United States Agency for
            International Development;
              (5) shall establish and carry out a plan to evaluate
            the program.
        (d) Administrative Authorities.--In carrying out the
    program established under subsection (a), the Secretary shall
    have the following administrative authorities:
              (1) The Secretary may provide allowances and benefits
            under chapter 9 of title I of the Foreign Service Act
            of 1980 (22 U.S.C. 4081 et seq.) to any officer or
            employee of any agency of the United States Government
            performing functions under this section outside the
            United States.
              (2)(A) The Secretary may allocate or transfer to any
            agency of the United States Government any part of any
            funds available for carrying out this section,
            including any advance to the United States Government
            by any country or international organization for the
            procurement of commodities, supplies, or services.
              (B) Such funds shall be available for obligation and
            expenditure for the purposes for which such funds were
            authorized, in accordance with authority granted in
            this section or under authority governing the
            activities of the agency of the United States
            Government to which such funds are allocated or
            transferred.
              (3) Appropriations for the purposes of or pursuant to
            this section, and allocations to any agency of the
            United States Government from other appropriations for
            functions directly related to the purposes of this
            section, shall be available for--
                      (A) contracting with individuals for personal
                    services abroad, except that such individuals
                    shall not be regarded as employees of the
                    United States Government for the purpose of any
                    law administered by the Office of Personnel
                    Management;
                      (B) the purchase and hire of passenger motor
                    vehicles, except that passenger motor vehicles
                    may be purchased only--
                              (i) for use in foreign countries; and
                              (ii) if the Secretary or the
                            Secretary's designee has determined
                            that the vehicle is necessary to
                            accomplish the mission;
                      (C) the purchase of insurance for official
                    motor vehicles acquired for use in foreign
                    countries;
                      (D)(i) the rent or lease outside the United
                    States, not to exceed 5 years, of offices,
                    buildings, grounds, and quarters, including
                    living quarters to house personnel, consistent
                    with the relevant interagency housing board
                    policy, and payments therefor in advance;
                      (ii) maintenance, furnishings, necessary
                    repairs, improvements, and alterations to
                    properties owned or rented by the United States
                    Government or made available for use to the
                    United States Government outside the United
                    States; and
                      (iii) costs of insurance, fuel, water, and
                    utilities for such properties;
                      (E) expenses of preparing and transporting to
                    their former homes or places of burial the
                    remains of foreign participants or members of
                    the family of foreign participants, who may die
                    while such participants are away from their
                    homes participating in activities carried out
                    with funds covered by this section;
                      (F) notwithstanding any other provision of
                    law, transportation and payment of per diem in
                    lieu of subsistence to foreign participants
                    engaged in activities of the program under this
                    section while such participants are away from
                    their homes in countries other than the United
                    States, at rates not in excess of those
                    prescribed by the standardized Government
                    travel regulations;
                      (G) expenses in connection with travel of
                    personnel outside the United States, including
                    travel expenses of dependents (including
                    expenses during necessary stop-overs while
                    engaged in such travel), and transportation of
                    personal effects, household goods, and
                    automobiles of such personnel when any part of
                    such travel or transportation begins in one
                    fiscal year pursuant to travel orders issued in
                    that fiscal year, notwithstanding the fact that
                    such travel or transportation may not be
                    completed during the same fiscal year, and cost
                    of transporting automobiles to and from a place
                    of storage, and the cost of storing automobiles
                    of such personnel when it is in the public
                    interest or more economical to authorize
                    storage; and
                      (H) grants to, and cooperative agreements and
                    contracts with, any individual, corporation, or
                    other body of persons, nonprofit organization,
                    friendly government or government agency,
                    whether within or without the United States,
                    and international organizations, as the
                    Secretary determines is appropriate to carry
                    out the purposes of this section.
              (4) Whenever the Secretary determines it to be
            consistent with the purposes of this section, the
            Secretary is authorized to furnish services and
            commodities on an advance-of-funds basis to any
            friendly country or international organization that is
            not otherwise prohibited from receiving assistance
            under this Act. Such advances may be credited to the
            currently applicable appropriation, account, or fund of
            the Department of the Treasury and shall be available
            for the purposes for which such appropriation, account,
            or fund is authorized to be used.
        (e) Issuance of Regulations.--The Secretary is authorized
    to issue such regulations with respect to personal service
    contractors as the Secretary deems necessary to carry out this
    section.
        (f) Rule of Construction.--Nothing in this section shall be
    construed to infringe upon the powers or functions of the
    Secretary of State (including the powers or functions described
    in section 103 of the Omnibus Diplomatic Security and
    Antiterrorism Act of 1986 (22 U.S.C. 4802)) or of any chief of
    mission (including the powers or functions described in section
    207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)).
        (g) Termination of Assistance.--The Secretary shall
    conclude assistance activities for a recipient foreign
    government or foreign central bank under the program
    established under subsection (a) if the Secretary, after
    consultation with the appropriate officers of the United
    States, determines that such assistance has resulted in the
    enactment of laws or the establishment of institutions in that
    country that promote fiscal stability and administrative
    procedures, efficient resource allocation, transparent and
    market-oriented processes and private sector growth in a
    sustainable manner.
        (h) Report.--
              (1) In general.--Not later than 3 months after the
            date of the enactment of this section, and every 6
            months thereafter, the Secretary shall prepare and
            submit to the appropriate congressional committees a
            report on the conduct of the program established under
            this section during the preceding 6-month period.
              (2) Definition.--In this subsection, the term
            ``appropriate congressional committees'' means--
                      (A) the Committee on International Relations
                    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.
        (i) Definitions.--In this section:
              (1) Developing or transitional country.--The term
            ``developing or transitional country'' means a country
            eligible to receive development assistance under this
            chapter.
              (2) International financial institution.--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 Guarantee
            Agency, the Asian Development Bank, the African
            Development Bank, the African Development Fund, the
            Inter-American Development Bank, the Inter-American
            Investment Corporation, the European Bank for
            Reconstruction and Development, and the Bank for
            Economic Cooperation and Development in the Middle East
            and North Africa.
              (3) Secretary.--The term ``Secretary'' means the
            Secretary of the Treasury.
              (4) Technical assistance.--The term ``technical
            assistance'' includes--
                      (A) the use of short-term and long-term
                    expert advisers to assist foreign governments
                    and foreign central banks for the purposes
                    described in subsection (b)(1);
                      (B) training in the recipient country, the
                    United States, or elsewhere for the purposes
                    described in subsection (b)(1);
                      (C) grants of goods, services, or funds to
                    foreign governments and foreign central banks;
                      (D) grants to United States nonprofit
                    organizations to provide services or products
                    which contribute to the provision of advice to
                    foreign governments and foreign central banks;
                    and
                      (E) study tours for foreign officials in the
                    United States or elsewhere for the purpose of
                    providing technical information to such
                    officials.
              (5) Foreign participant.--The term ``foreign
            participant'' means the national of a developing or
            transitional country that is receiving assistance under
            the program established under subsection (a) who has
            been designated to participate in activities under such
            program.
        (j) Authorization of Appropriations.--
              (1) In general.--There are authorized to be
            appropriated to carry out this section $5,000,000 for
            fiscal year 1999.
              (2) Availability of amounts.--Amounts authorized to
            be appropriated under paragraph (1) are authorized to
            remain available until expended.

    SEC. 130.\121\ ASSISTANCE FOR VICTIMS OF TORTURE.

        (a) In General.--The President is authorized to provide
    assistance for the rehabilitation of victims of torture.
    ---------------------------------------------------------------------------
        \121\ 22 U.S.C. 2152. Added by sec. 4(a) of the Torture Victims
    Relief Act of 1998 (Public Law 105-320; 112 Stat. 3016), as sec. 129,
    effective October 1, 1998. See also sec. 4(b) of that Act (p. 425),
    which authorized $5,000,000 for fiscal year 1999 and $7,500,000 for
    fiscal year 2000 to carry out this section. Sec. 6(a) of Public Law
    106-87 (113 Stat. 1302) redesignated as sec. 130.
    ---------------------------------------------------------------------------
        (b) Eligibility for Grants.--Such assistance shall be
    provided in the form of grants to treatment centers and
    programs in foreign countries that are carrying out projects or
    activities specifically designed to treat victims of torture
    for the physical and psychological effects of the torture.
        (c) Use of Funds.--Such assistance shall be available--
              (1) for direct services to victims of torture; and
              (2) to provide research and training to health care
            providers outside of treatment centers or programs
            described in subsection (b), for the purpose of
            enabling such providers to provide the services
            described in paragraph (1).

    SEC. 131.\122\ MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE.
        (a) Findings and Policy.--Congress finds and declares
    that--
    ---------------------------------------------------------------------------
        \122\ 22 U.S.C. 2152a. Added by sec. 105 of the Microenterprise for
    Self-Reliance Act of 2000 (title I of Public Law 106-309; 114 Stat.
    1082). Sec. 108 of that Act (114 Stat. 1087) provided the following:
        ``sec. 108. report relating to future development of
    microenterprise institutions.
        ``(a) 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 on the most cost-effective methods
    and measurements for increasing the access of poor people overseas to
    credit, other financial services, and related training.
        ``(b) Contents.--The report described in subsection (a)--
    ---------------------------------------------------------------------------

              ``(1) shall include how the President, in consultation with
            the Administrator of the United States Agency for International
            Development, the Secretary of State, and the Secretary of the
            Treasury, will develop a comprehensive strategy for advancing
            the global microenterprise sector in a way that maintains
            market principles while ensuring that the very poor overseas,
            particularly women, obtain access to financial services
            overseas;
              ``(2) shall provide guidelines and recommendations for--

                      ``(A) instruments to assist microenterprise networks
                    to develop multi-country and regional microlending
                    programs;
                      ``(B) technical assistance to foreign governments,
                    foreign central banks, and regulatory entities to
                    improve the policy environment for microfinance
                    institutions, and to strengthen the capacity of
                    supervisory bodies to supervise microfinance
                    institutions;
                      ``(C) the potential for Federal chartering of United
                    States-based international microfinance network
                    institutions, including proposed legislation;
                      ``(D) instruments to increase investor confidence in
                    microfinance institutions which would strengthen the
                    long-term financial position of the microfinance
                    institutions and attract capital from private sector
                    entities and individuals, such as a rating system for
                    microfinance institutions and local credit bureaus;
                      ``(E) an agenda for integrating microfinance into
                    United States foreign policy initiatives seeking to
                    develop and strengthen the global finance sector; and
                      ``(F) innovative instruments to attract funds from
                    the capital markets, such as instruments for leveraging
                    funds from the local commercial banking sector, and the
                    securitization of microloan portfolios; and

              ``(3) shall include a section that assesses the need for a
            microenterprise accelerated growth fund and that includes--

                      ``(A) a description of the benefits of such a fund;
                      ``(B) an identification of which microenterprise
                    institutions might become eligible for assistance from
                    such fund;
                      ``(C) a description of how such a fund could be
                    administered;
                      ``(D) a recommendation on which agency or agencies of
                    the United States Government should administer the fund
                    and within which such agency the fund should be
                    located; and
                      ``(E) a recommendation on how soon it might be
                    necessary to establish such a fund in order to provide
                    the support necessary for microenterprise institutions
                    involved in microenterprise development.
    ---------------------------------------------------------------------------
        ``(c) Appropriate Congressional Committees Defined.--In this
    section, the term `appropriate congressional committees' means the
    Committee on International Relations of the House of Representatives
    and the Committee on Foreign Relations of the Senate.''.
    ---------------------------------------------------------------------------
              (1) the development of microenterprise is a vital
            factor in the stable growth of developing countries and
            in the development of free, open, and equitable
            international economic systems;
              (2) it is therefore in the best interest of the
            United States to assist the development of
            microenterprises in developing countries; and
              (3) the support of microenterprise can be served by
            programs providing credit, savings, training, technical
            assistance, and business development services.
        (b) Authorization.--
              (1) In general.--In carrying out this part, the
            President is authorized to provide grant assistance for
            programs to increase the availability of credit and
            other services to microenterprises lacking full access
            to capital training, technical assistance, and business
            development services, through--
                      (A) grants to microfinance institutions for
                    the purpose of expanding the availability of
                    credit, savings, and other financial services
                    to microentrepreneurs;
                      (B) grants to microenterprise institutions
                    for the purpose of training, technical
                    assistance, and business development services
                    for microenterprises to enable them to make
                    better use of credit, to better manage their
                    enterprises, and to increase their income and
                    build their assets;
                      (C) capacity-building for microenterprise
                    institutions in order to enable them to better
                    meet the credit and training needs of
                    microentrepreneurs; and
                      (D) policy and regulatory programs at the
                    country level that improve the environment for
                    microentrepreneurs and microenterprise
                    institutions that serve the poor and very poor.
              (2) Implementation.--Assistance authorized under
            paragraph (1)(A) and (B) shall be provided through
            organizations that have a capacity to develop and
            implement microenterprise programs, including
            particularly--
                      (A) United States and indigenous private and
                    voluntary organizations;
                      (B) United States and indigenous credit
                    unions and cooperative organizations; or
                      (C) other indigenous governmental and
                    nongovernmental organizations.
              (3) Targeted assistance.--In carrying out sustainable
            poverty-focused programs under paragraph (1), 50
            percent of all microenterprise resources shall be
            targeted to very poor entrepreneurs, defined as those
            living in the bottom 50 percent below the poverty line
            as established by the national government of the
            country. Specifically, such resources shall be used
            for--
                      (A) direct support of programs under this
                    subsection through practitioner institutions
                    that--
                              (i) provide credit and other
                            financial services to entrepreneurs who
                            are very poor, with loans in 1995
                            United States dollars of--
                                      (I) $1,000 or less in the
                                    Europe and Eurasia region;
                                      (II) $400 or less in the
                                    Latin America region; and
                                      (III) $300 or less in the
                                    rest of the world; and
                              (ii) can cover their costs in a
                            reasonable time period; or
                      (B) demand-driven business development
                    programs that achieve reasonable cost recovery
                    that are provided to clients holding poverty
                    loans (as defined by the regional poverty loan
                    limitations in subparagraph (A)(i)), whether
                    they are provided by microfinance institutions
                    or by specialized business development services
                    providers.
              (4) Support for central mechanisms.--The President
            should continue support for central mechanisms and
            missions, as appropriate, that--
                      (A) provide technical support for field
                    missions;
                      (B) strengthen the institutional development
                    of the intermediary organizations described in
                    paragraph (2);
                      (C) share information relating to the
                    provision of assistance authorized under
                    paragraph (1) between such field missions and
                    intermediary organizations; and
                      (D) support the development of nonprofit
                    global microfinance networks, including credit
                    union systems, that--
                              (i) are able to deliver very small
                            loans through a significant grassroots
                            infrastructure based on market
                            principles; and
                              (ii) act as wholesale intermediaries
                            providing a range of services to
                            microfinance retail institutions,
                            including financing, technical
                            assistance, capacity-building, and
                            safety and soundness accreditation.
              (5) Limitation.--Assistance provided under this
            subsection may only be used to support microenterprise
            programs and may not be used to support programs not
            directly related to the purposes described in paragraph
            (1).
        (c) Monitoring System.--In order to maximize the
    sustainable development impact of the assistance authorized
    under subsection (b)(1), the Administrator of the agency
    primarily responsible for administering this part shall
    establish a monitoring system that--
              (1) establishes performance goals for such assistance
            and expresses such goals in an objective and
            quantifiable form, to the extent feasible;
              (2) establishes performance indicators to be used in
            measuring or assessing the achievement of the goals and
            objectives of such assistance;
              (3) provides a basis for recommendations for
            adjustments to such assistance to enhance the
            sustainable development impact of such assistance,
            particularly the impact of such assistance on the very
            poor, particularly poor women; and
              (4) provides a basis for recommendations for
            adjustments to measures for reaching the poorest of the
            poor, including proposed legislation containing
            amendments to enhance the sustainable development
            impact of such assistance, as described in paragraph
            (3).
        (d) Level of Assistance.--Of the funds made available under
    this part, the FREEDOM Support Act, and the Support for East
    European Democracy (SEED) Act of 1989, including local
    currencies derived from such funds, there are authorized to be
    available $155,000,000 for each of the fiscal years 2001 and
    2002, to carry out this section.
        (e) Definitions.--In this section:
              (1) Business development services.--The term
            ``business development services'' means support for the
            growth of microenterprises through training, technical
            assistance, marketing assistance, improved production
            technologies, and other services.
              (2) Microenterprise institution.--The term
            ``microenterprise institution'' means an institution
            that provides services, including microfinance,
            training, or business development services, for
            microentrepreneurs.
              (3) Microfinance institution.--The term
            ``microfinance institution'' means an institution that
            directly provides, or works to expand, the availability
            of credit, savings, and other financial services to
            microentrepreneurs.
              (4) Practitioner institution.--The term
            ``practitioner institution'' means any institution that
            provides services, including microfinance, training, or
            business development services, for microentrepreneurs,
            or provides assistance to microenterprise institutions.

    SEC. 132.\123\ UNITED STATES MICROFINANCE LOAN FACILITY.

        (a) Establishment.--The Administrator is authorized to
    establish a United States Microfinance Loan Facility (in this
    section referred to as the ``Facility'') to pool and manage the
    risk from natural disasters, war or civil conflict, national
    financial crisis, or short-term financial movements that
    threaten the long-term development of United States-supported
    microfinance institutions.
    ---------------------------------------------------------------------------
        \123\ 22 U.S.C. 2152b. Added by sec. 107(a) of the Microenterprise
    for Self-Reliance Act of 2000 (title I of Public Law 106-309; 114 Stat.
    1086). Sec. 107(b) of that Act provided the following:
        ``(b) Report.--Not later than 120 days after the date of the
    enactment of this Act, the Administrator of the United States Agency
    for International Development shall submit to the Committee on Foreign
    Relations of the Senate and the committee on International Relations of
    the House of Representatives a report on the policies, rules, and
    regulations of the United States Microfinance Loan Facility,
    established under section 132 of the Foreign Assistance Act of 1961, as
    added by subsection (a).''.
    ---------------------------------------------------------------------------
        (b) Disbursements.--
              (1) In general.--The Administrator shall make
            disbursements from the Facility to United States-
            supported microfinance institutions to prevent the
            bankruptcy of such institutions caused by--
                      (A) natural disasters;
                      (B) national wars or civil conflict; or
                      (C) national financial crisis or other short-
                    term financial movements that threaten the
                    long-term development of United States-
                    supported microfinance institutions.
              (2) Form of assistance.--Assistance under this
            section shall be in the form of loans or loan
            guarantees for microfinance institutions that
            demonstrate the capacity to resume self-sustained
            operations within a reasonable time period.
              (3) Congressional notification procedures.--During
            each of the fiscal years 2001 and 2002, funds may not
            be made available from the Facility until 15 days after
            notification of the proposed availability of the funds
            has been provided to the congressional committees
            specified in section 634A in accordance with the
            procedures applicable to reprogramming notifications
            under that section.
        (c) General Provisions.--
              (1) Policy provisions.--In providing the credit
            assistance authorized by this section, the
            Administrator should apply, as appropriate, the policy
            provisions in this part that are applicable to
            development assistance activities.
              (2) Default and procurement provisions.--
                      (A) Default provision.--The provisions of
                    section 620(q), or any comparable provision of
                    law, shall not be construed to prohibit
                    assistance to a country in the event that a
                    private sector recipient of assistance
                    furnished under this section is in default in
                    its payment to the United States for the period
                    specified in such section.
                      (B) Procurement provision.--Assistance may be
                    provided under this section without regard to
                    section 604(a).
              (3) Terms and conditions of credit assistance.--
                      (A) In general.--Credit assistance provided
                    under this section shall be offered on such
                    terms and conditions, including fees charged,
                    as the Administrator may determine.
                      (B) Limitation on principal amount of
                    financing.--The principal amount of loans made
                    or guaranteed under this section in any fiscal
                    year, with respect to any single event, may not
                    exceed $30,000,000.
                      (C) Exception.--No payment may be made under
                    any guarantee issued under this section for any
                    loss arising out of fraud or misrepresentation
                    for which the party seeking payment is
                    responsible.
              (4) Full faith and credit.--All guarantees issued
            under this section shall constitute obligations, in
            accordance with the terms of such guarantees, of the
            United States of America, and the full faith and credit
            of the United States of America is hereby pledged for
            the full payment and performance of such obligations to
            the extent of the guarantee.
        (d) Funding.--
              (1) Allocation of funds.--Of the amounts made
            available to carry out this part for the fiscal year
            2001, up to $5,000,000 may be made available for--
                      (A) the subsidy cost, as defined in section
                    502(5) of the Federal Credit Reform Act of
                    1990, to carry out this section; and
                      (B) the administrative costs to carry out
                    this section.
              (2) Relation to other funding.--Amounts made
            available under paragraph (1) are in addition to
            amounts available under any other provision of law to
            carry out this section.
        (e) Definitions.--In this section:
              (1) Administrator.--The term ``Administrator'' means
            the Administrator of the agency primarily responsible
            for administering this part.
              (2) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means the
            Committee on Foreign Relations of the Senate and the
            Committee on International Relations of the House of
            Representatives.
              (3) United states-supported microfinance
            institution.--The term ``United States-supported
            microfinance institution'' means a financial
            intermediary that has received funds made available
            under part I of this Act for fiscal year 1980 or any
            subsequent fiscal year.

    SEC. 133.\124\ PROGRAMS TO ENCOURAGE GOOD GOVERNANCE.

        (a) Establishment of Programs.--
    ---------------------------------------------------------------------------
        \124\ 22 U.S.C. 2152c. Added by sec. 205(a) of the International
    Anti-Corruption and Good Governance Act of 2000 (title II of Public Law
    106-309; 114 Stat. 1092).
    ---------------------------------------------------------------------------
              (1) In general.--The President is authorized to
            establish programs that combat corruption, improve
            transparency and accountability, and promote other
            forms of good governance in countries described in
            paragraph (2).
              (2) Countries described.--A country described in this
            paragraph is a country that is eligible to receive
            assistance under this part (including chapter 4 of part
            II of this Act) or the Support for East European
            Democracy (SEED) Act of 1989.
              (3) Priority.--In carrying out paragraph (1), the
            President shall give priority to establishing programs
            in countries that received a significant amount of
            United States foreign assistance for the prior fiscal
            year, or in which the United States has a significant
            economic interest, and that continue to have the most
            persistent problems with public and private corruption.
            In determining which countries have the most persistent
            problems with public and private corruption under the
            preceding sentence, the President shall take into
            account criteria such as the Transparency International
            Annual Corruption Perceptions Index, standards and
            codes set forth by the International Bank for
            Reconstruction and Development and the International
            Monetary Fund, and other relevant criteria.
              (4) Relation to other laws.--
                      (A) In general.--Assistance provided for
                    countries under programs established pursuant
                    to paragraph (1) may be made available
                    notwithstanding any other provision of law that
                    restricts assistance to foreign countries.
                    Assistance provided under a program established
                    pursuant to paragraph (1) for a country that
                    would otherwise be restricted from receiving
                    such assistance but for the preceding sentence
                    may not be provided directly to the government
                    of the country.
                      (B) Exception.--Subparagraph (A) does not
                    apply with respect to--
                              (i) section 620A of this Act or any
                            comparable provision of law prohibiting
                            assistance to countries that support
                            international terrorism; or
                              (ii) section 907 of the Freedom for
                            Russia and Emerging Eurasian
                            Democracies and Open Markets Support
                            Act of 1992.
        (b) Specific Projects and Activities.--The programs
    established pursuant to subsection (a) shall include, to the
    extent appropriate, projects and activities that--
              (1) support responsible independent media to promote
            oversight of public and private institutions;
              (2) implement financial disclosure among public
            officials, political parties, and candidates for public
            office, open budgeting processes, and transparent
            financial management systems;
              (3) support the establishment of audit offices,
            inspectors general offices, third party monitoring of
            government procurement processes, and anti-corruption
            agencies;
              (4) promote responsive, transparent, and accountable
            legislatures and local governments that ensure
            legislative and local oversight and whistle-blower
            protection;
              (5) promote legal and judicial reforms that
            criminalize corruption and law enforcement reforms and
            development that encourage prosecutions of criminal
            corruption;
              (6) assist in the development of a legal framework
            for commercial transactions that fosters business
            practices that promote transparent, ethical, and
            competitive behavior in the economic sector, such as
            commercial codes that incorporate international
            standards and protection of intellectual property
            rights;
              (7) promote free and fair national, state, and local
            elections;
              (8) foster public participation in the legislative
            process and public access to government information;
            and
              (9) engage civil society in the fight against
            corruption.
        (c) Conduct of Projects and Activities.--Projects and
    activities under the programs established pursuant to
    subsection (a) may include, among other things, training and
    technical assistance (including drafting of anti-corruption,
    privatization, and competitive statutory and administrative
    codes), drafting of anti-corruption, privatization, and
    competitive statutory and administrative codes, support for
    independent media and publications, financing of the program
    and operating costs of nongovernmental organizations that carry
    out such projects or activities, and assistance for travel of
    individuals to the United States and other countries for such
    projects and activities.
        (d) \125\ Annual Report.--
    ---------------------------------------------------------------------------
        \125\ Sec. 205(b) of the International Anti-Corruption and Good
    Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1092)
    required the following:
        ``(b) Deadline for Initial Report.--The initial annual report
    required by section 133(d)(1) of the Foreign Assistance Act of 1961, as
    added by subsection (a), shall be transmitted not later than 180 days
    after the date of the enactment of this Act.''.
    ---------------------------------------------------------------------------
              (1) In general.--The Secretary of State, in
            consultation with the Secretary of Commerce and the
            Administrator of the United States Agency for
            International Development, shall prepare and transmit
            to 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 an
            annual report on--
                      (A) projects and activities carried out under
                    programs established under subsection (a) for
                    the prior year in priority countries identified
                    pursuant to subsection (a)(3); and
                      (B) projects and activities carried out under
                    programs to combat corruption, improve
                    transparency and accountability, and promote
                    other forms of good governance established
                    under other provisions of law for the prior
                    year in such countries.
              (2) Required contents.--The report required by
            paragraph (1) shall contain the following information
            with respect to each country described in paragraph
            (1):
                      (A) A description of all United States
                    Government-funded programs and initiatives to
                    combat corruption and improve transparency and
                    accountability in the country.
                      (B) A description of United States diplomatic
                    efforts to combat corruption and improve
                    transparency and accountability in the country.
                      (C) An analysis of major actions taken by the
                    government of the country to combat corruption
                    and improve transparency and accountability in
                    the country.
        (e) Funding.--Amounts made available to carry out the other
    provisions of this part (including chapter 4 of part II of this
    Act) and the Support for East European Democracy (SEED) Act of
    1989 shall be made available to carry out this section.

    SEC. 134.\126\ ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM
                        STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
        (a) Authorization.--The President is authorized to provide
    assistance to foreign countries directly, or through
    nongovernmental and multilateral organizations, for programs,
    projects, and activities designed to meet the minimum standards
    for the elimination of trafficking (as defined in section 103
    of the Trafficking Victims Protection Act of 2000), including--
    ---------------------------------------------------------------------------
        \126\ 22 U.S.C. 2152d. Added by sec. 109 of the Trafficking Victims
    Protection Act of 2000 (division A of Public Law 106-386; 114 Stat.
    1481). For full text of the Trafficking Victims Protection Act of 2000,
    see vol. II. Sec. 107(a) of that Act (22 U.S.C. 7105(a)) provided the
    following:
        ``sec. 107. protection and assistance for victims of trafficking.
        ``(a) Assistance for Victims in Other Countries.--
    ---------------------------------------------------------------------------

              ``(1) In general.--The Secretary of State and the
            Administrator of the United States Agency for International
            Development, in consultation with appropriate nongovernmental
            organizations, shall establish and carry out programs and
            initiatives in foreign countries to assist in the safe
            integration, reintegration, or resettlement, as appropriate, of
            victims of trafficking. Such programs and initiatives shall be
            designed to meet the appropriate assistance needs of such
            persons and their children, as identified by the Task Force.
              ``(2) Additional requirement.--In establishing and conducting
            programs and initiatives described in paragraph (1), the
            Secretary of State and the Administrator of the United States
            Agency for International Development shall take all appropriate
            steps to enhance cooperative efforts among foreign countries,
            including countries of origin of victims of trafficking, to
            assist in the integration, reintegration, or resettlement, as
            appropriate, of victims of trafficking, including stateless
            victims.''.
              (1) the drafting of laws to prohibit and punish acts
            of trafficking;
              (2) the investigation and prosecution of traffickers;
              (3) the creation and maintenance of facilities,
            programs, projects, and activities for the protection
            of victims; and
              (4) the expansion of exchange programs and
            international visitor programs for governmental and
            nongovernmental personnel to combat trafficking.
        (b) Funding.--Amounts made available to carry out the other
    provisions of this part (including chapter 4 of part II of this
    Act) and the Support for East European Democracy (SEED) Act of
    1989 shall be made available to carry out this section.

                        Chapter 2--Other Programs \127\

        Sec. 201.\128\ General Authority. * * * [Repealed--1978]
    ---------------------------------------------------------------------------
        \127\ The chapter heading ``Other Programs'' was inserted in lieu
    of ``Development Assistance'' by sec. 102(g)(1)(B) of the International
    Development and Food Assistance Act of 1978 (Public Law 95-424; 92
    Stat. 942).
        \128\ Secs. 201, 202, 203, 204, 207, and 208 were repealed by sec.
    102(g)(1)(A) of the International Development and Food Assistance Act
    of 1978 (Public Law 95-424; 92 Stat. 942). The text of sec. 204 was
    subsequently reinserted as subsec. (e) of sec. 122 of this Act.
    ---------------------------------------------------------------------------
        Sec. 202.\128\ Authorization. * * * [Repealed--1978]
        Sec. 203.\128\ Fiscal Provisions. * * * [Repealed--1978]
        Sec. 204.\128\ Development Loan Committee. * * *
    [Repealed--1978]
        Sec. 205.\129\ Relating to Transfers to International
    Financial Institutions. * * * [Repealed--1972]
    ---------------------------------------------------------------------------
        \129\ Sec. 205 was repealed by sec. 101(d) of the FA Act of 1971
    (Public Law 92-226; 86 Stat. 21).
    ---------------------------------------------------------------------------

         Title I--Multilateral and Regional Development Programs \130\
    ---------------------------------------------------------------------------

        \130\ Sec. 102(g)(1)(C) of the International Development and Food
    Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) added this new
    title heading.
    ---------------------------------------------------------------------------
        Sec. 206.\131\ Regional Development in Africa.--The
    President is requested to seek and to take appropriate action,
    in cooperation and consultation with African and other
    interested nations and with international development
    organizations, to further and assist in the advancement of
    African regional development institutions, including the
    African Development Bank, with the view toward promoting
    African economic development.
    ---------------------------------------------------------------------------
        \131\ 22 U.S.C. 2166. Sec. 206 was added by sec. 102(b) of the FA
    Act of 1965.
    ---------------------------------------------------------------------------
        Sec. 207.\128\ Purposes of Development Assistance. * * *
    [Repealed--1978]
        Sec. 208.\128\ Self-Help Criteria. * * * [Repealed--1978]
        Sec. 209.\132\ Multilateral and Regional Programs.--(a) The
    Congress recognizes that the planning and administration of
    development assistance by, or under the sponsorship of the
    United Nations, multilateral lending institutions, and other
    multilateral organizations may contribute to the efficiency and
    effectiveness of that assistance through participation of other
    donors in the development effort, improved coordination of
    policies and programs, pooling of knowledge, avoidance of
    duplication of facilities and manpower, and greater
    encouragement of self-help performance.
    ---------------------------------------------------------------------------
        \132\ 22 U.S.C. 2169. Sec. 209 was added by sec. 102(e) of the FA
    Act of 1967. Sec. 101(c)(1) of the FA Act of 1971 (Public Law 92-226;
    86 Stat. 21) amended subsection (a), which formerly read as follows:
        ``(a) Multilateral Programs.--The Congress recognizes that planning
    and administration of development assistance by, or under the
    sponsorship of, multilateral lending institutions and other
    international organizations may, in some instances, contribute to the
    efficiency and effectiveness of that assistance through participation
    of other donors in the development effort, improved coordination of
    policies and programs, pooling of knowledge, avoidance of duplication
    of facilities and manpower, and greater encouragement of self-help
    performance.''.
    ---------------------------------------------------------------------------
        (b) \133\ It is further the sense of the Congress (1) that
    where problems or opportunities are common to two or more
    countries in a region, in such fields as agriculture,
    education, transportation, communications, power, watershed
    development, disease control, and establishment of development
    banks, these countries often can more effectively resolve such
    problems and exploit such opportunities by joining together in
    regional organizations or working together on regional
    programs, (2) that assistance often can be utilized more
    efficiently in regional programs than in separate country
    programs, and (3) that to the maximum extent practicable
    consistent with the purposes of this Act assistance under this
    Act should be furnished so as to encourage less developed
    countries to cooperate with each other in regional development
    programs.
    ---------------------------------------------------------------------------
        \133\ The words ``Regional Programs.--,'' which appeared at this
    point, were struck out by sec. 101(c)(3) of the FA Act of 1971 (Public
    Law 92-226; 86 Stat. 21).
    ---------------------------------------------------------------------------
        (c) \134\ It is the sense of the Congress that the
    President should increase, to the extent practicable, the funds
    provided by the United States to multilateral lending
    institutions and multilateral organizations in which the United
    States participates for use by such institutions and
    organizations in making loans to foreign countries.
    ---------------------------------------------------------------------------
        \134\ Subsec. (c), which was added by sec. 101(c)(2) of the FA Act
    of 1971 (Public Law 92-226; 86 Stat. 21), was amended by sec. 311 of
    Public Law 94-161 (89 Stat. 849). It formerly read as follows:
    ``Notwithstanding any other provision of law, the President should
    reduce the amounts and numbers of loans made by the United States
    directly to individual foreign countries with the objective of reducing
    the total amount of bilateral loans made under this Act so that, by not
    later than June 30, 1975, such total amount shall not exceed
    $100,000,000.''.
    ---------------------------------------------------------------------------
        (d) \135\ * * * [Repealed--2000]
    ---------------------------------------------------------------------------
        \135\ Subsection (d), added by sec. 101(c)(2) of the FA Act of
    1971, was struck out by sec. 804 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2001 (H.R. 5526, as
    introduced on October 24, 2000, enacted by reference in sec. 101(a) of
    Public Law 106-429; 114 Stat. 1900A-67). It had read as follows:
        ``(d) In furtherance of the provisions of subsection (a) of this
    section, any funds appropriated under this part I may be transferred by
    the President to the International Development Association, the
    International Bank for Reconstruction and Development, the
    International Finance Corporation, the Asian Development Bank or other
    multilateral lending institutions and multilateral organizations in
    which the United States participates for the purpose of providing funds
    to enable any such institution or organization to make loans to foreign
    countries.''.
    ---------------------------------------------------------------------------
        Sec. 211.\136\ General Authority. * * * [Repealed--1978]
    ---------------------------------------------------------------------------
        \136\ Secs. 211, 212, 215, 216, 217, 218, 220, and 220A were
    repealed by sec. 102(g)(1)(A) of the International Development and Food
    Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942).
    ---------------------------------------------------------------------------
        Sec. 212.\136\ Authorization. * * * [Repealed--1978]
        Sec. 213.\137\ Atoms for Peace. * * * [Repealed--1962]
    ---------------------------------------------------------------------------
        \137\ Sec. 213 was repealed by sec. 103(c) of the FA Act of 1962
    (76 Stat. 256).
    ---------------------------------------------------------------------------

     Title II--American Schools and Hospitals Abroad; Prototype Desalting
                                  Plant \138\
    ---------------------------------------------------------------------------

        \138\ This new title heading was added by sec. 102(g)(1)(D) of the
    International Development and Food Assistance Act of 1978 (Public Law
    95-424; 92 Stat. 942).
    ---------------------------------------------------------------------------
        Sec. 214.\139\ American Schools and Hospitals Abroad.--(a)
    The President is authorized to furnish \140\ assistance, on
    such terms and conditions as he may specify, to schools and
    libraries outside the United States founded or sponsored by
    United States citizens and serving as study and demonstration
    centers for ideas and practices of the United States.
    ---------------------------------------------------------------------------
        \139\ 22 U.S.C. 2174.
        \140\ Sec. 103(b)(1) of the FA Act of 1963 substituted the word
    ``furnish'' for the words ``use, in addition to other funds available
    for such purposes, funds made available for the purposes of sec. 211
    for''.
    ---------------------------------------------------------------------------
        (b) The President is authorized,\141\ notwithstanding the
    provisions of the Mutual Defense Assistance Control Act of 1951
    (22 U.S.C. 1611 et seq.) \142\ to furnish \143\ assistance, on
    such terms and conditions as he may specify, to institutions
    referred to in subsection (a) of this section, and to hospital
    centers for medical education and research outside the United
    States, founded or sponsored by United States citizens.\144\
    ---------------------------------------------------------------------------
        \141\ Sec. 103(b)(2) of the FA Act of 1963 struck out the words
    ``to use'' which appeared at this point.
        \142\ Superseded by the Export Administration Act of 1979.
        \143\ Sec. 103(b)(2) of the FA Act of 1963 substituted the words
    ``to furnish'' for the words ``foreign currencies accruing to the
    United States Government under any Act, for purposes of subsection (2)
    of this section, and for''.
        \144\ Sec. 103(c)(1) of the FA Act of 1966 substituted the words to
    this point, beginning with ``to institutions referred to'' in lieu of
    ``to hospitals outside the United States founded or sponsored by United
    States citizens and serving as centers for medical education and
    research''.
    ---------------------------------------------------------------------------
        (c) \145\ (1) To carry out the purposes of this section,
    there are authorized to be appropriated to the President
    $35,000,000 for fiscal year 1986 and $35,000,000 for fiscal
    year 1987.
    ---------------------------------------------------------------------------
        \145\ Sec. 4(2) of the FA Act of 1973 amended and restated subsec.
    (c).
    ---------------------------------------------------------------------------
        (2) Amounts appropriated under paragraph (1) are authorized
    to remain available until expended.\146\
    ---------------------------------------------------------------------------
        \146\ The authorization figures for fiscal years 1986 and 1987 were
    added by sec. 401 of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190).
    Authorizations under sec. 214 for recent years included the following:
    fiscal year 1975--$19,000,000; fiscal year 1976--$25,000,000; fiscal
    year 1977--$25,000,000; fiscal year 1978--$25,000,000; fiscal year
    1979--$25,000,000; fiscal year 1980--$25,000,000; fiscal year 1981--
    $30,000,000; fiscal year 1982--$20,000,000; fiscal year 1983--
    $20,000,000; fiscal year 1984--$30,000,000; fiscal year 1985--no
    authorization; fiscal years 1988 through 2001--no authorization.
    ---------------------------------------------------------------------------
        (d) \147\ Notwithstanding the provisions of subsection (b),
    funds appropriated under this section may be used for
    assistance to centers for pediatric plastic and reconstructive
    surgery established by Children's Medical Relief International,
    except that assistance may not be furnished for the domestic
    operations of any such center located in the United States, its
    territories or possessions.
    ---------------------------------------------------------------------------
        \147\ Sec. 114(2) of the International Development and Food
    Assistance Act of 1978 (Public Law 95-424; 92 Stat. 950) repealed
    subsecs. (d) and (e) (which had been added by the FA Act of 1973), and
    redesignated subsec. (f) (which had been added by Public Law 95-88; 91
    Stat. 539) as subsec. (d).
    ---------------------------------------------------------------------------
        Sec. 215.\136\ Loans to Small Farmers. * * * [Repealed--
    1978]
        Sec. 216.\136\ Voluntary Agencies. * * * [Repealed--1978]
        Sec. 217.\136\ Used Equipment. * * * [Repealed--1978]
        Sec. 218.\136\ Fish and Other Protein Concentrates. * * *
    [Repealed--1978]
        Sec. 219.\148\ Prototype Desalting Plant.--(a) In
    furtherance of purposes of this part and for the purpose of
    improving existing, and developing and advancing new technology
    and experience in the design, construction, and operation of
    large-scale desalting plants of advanced concepts which will
    contribute materially to low-cost desalination in all
    countries, including the United States, the President, if he
    determines it to be feasible, is authorized to participate in
    the development of a large-scale water treatment and desalting
    prototype plant and necessary appurtenances to be constructed
    in Israel as an integral part of a dual-purpose power
    generating and desalting project. Such participation shall
    include financial, technical, and such other assistance as the
    President deems appropriate to provide for the study, design,
    construction, and, for a limited demonstration period of not to
    exceed five years, operation and maintenance of the water
    treatment and desalting facilities of the dual-purpose project.
    ---------------------------------------------------------------------------
        \148\ 22 U.S.C. 2179. Sec. 219 was added by sec. 104 of the FA Act
    of 1969 (Public Law 91-175; 83 Stat. 806).
    ---------------------------------------------------------------------------
        (b) Any agreement entered into under subsection (a) of this
    section shall include such terms and conditions as the
    President deems appropriate to insure, among other things, that
    all information, products, uses, processes, patents, and other
    developments obtained or utilized in the development of this
    prototype plant will be available without further cost to the
    United States for the use and benefit of the United States
    throughout the world, and to insure that the United States, its
    officers and employees have a permanent right to review data
    and have access to such plant for the purpose of observing its
    operations and improving science and technology in the field of
    desalination.
        (c) In carrying out the provisions of this section, the
    President may enter into contracts with public or private
    agencies and with any person without regard to sections 3648
    and 3709 of the Revised Statutes of the United States (31
    U.S.C. 529 and 41 U.S.C. 5).
        (d) Nothing in this section shall be construed as intending
    to deprive the owner of any background patent or any right
    which such owner may have under that patent.
        (e) In carrying out the provisions of this section, the
    President may utilize the personnel, services, and facilities
    of any Federal agency.
        (f) The United States costs, other than its administrative
    costs, for the study, design, construction, and operation of a
    prototype plant under this section shall not exceed either 50
    per centum of the total capital costs of the facilities
    associated with the production of water, and 50 per centum of
    the operation and maintenance costs for the demonstration
    period, or $20,000,000, whichever is less. There are authorized
    to be appropriated, subject to the limitations of this
    subsection, such sums as may be necessary to carry out the
    provisions of this section, including administrative costs
    thereof. Such sums are authorized to remain available until
    expended.
        (g) No funds appropriated for the Office of Saline Water
    pursuant to the appropriation authorized by the Act of July 11,
    1969 (83 Stat. 45, Public Law 91-43), or prior authorization
    Acts, shall be used to carry out the purposes of this section.
        Sec. 220.\136\ Programs for Peaceful Communication. * * *
    [Repealed--1978]
        Sec. 220A.\136\ Suez Canal. * * * [Repealed--1978]

          Title III--Housing and Other Credit Guaranty Programs \149\

        Sec. 221.\150\ Housing Guaranties.--The Congress recognizes
    that shelter, including essential urban development services,
    is \151\ among the most fundamental of human needs. Shelter for
    most people in the developing countries consists largely of
    domestic materials assembled by local labor. While recognizing
    that most financing for such shelter \152\ must come from
    domestic resources, the Congress finds that carefully designed
    programs involving United States capital and expertise can
    increase the availability of domestic financing for improved
    shelter \152\ and related services for low-income people by
    demonstrating to local entrepreneurs and institutions that
    providing low-cost shelter \152\ can be financially viable. The
    Congress reaffirms, therefore, that the United States should
    continue to assist developing countries in marshalling
    resources for low-cost shelter.\152\ Particular attention
    should be given to programs which will support pilot projects
    for low-cost shelter or which will have a maximum demonstration
    impact on local institutions and national policy. The Congress
    declares that the long run goal of all such programs should be
    to develop domestic construction capabilities and to stimulate
    local credit institutions to make available domestic capital
    and other management and technological resources required for
    effective low-cost shelter programs and policies.
    ---------------------------------------------------------------------------
        \149\ Title III was added by sec. 105 of the FA Act of 1969. Sec.
    8(a)(1) of the FA Act of 1974 substituted the title heading ``Housing
    and Other Credit Guaranty Programs'' in lieu of ``Housing Guaranties''.
        \150\ 22 U.S.C. 2181. Sec. 221, which was added by the FA Act of
    1969, was amended and restated by sec. 115(a) of the International
    Development and Food Assistance Act of 1978 (Public Law 95-424; 92
    Stat. 950).
        \151\ The words ``including essential urban development services,
    is'' were inserted in lieu of the words ``requirements are'' by sec.
    541(a) of the Foreign Assistance Appropriations Act, 1985, as contained
    in the Continuing Appropriations Act, 1985 (Public Law 98-473; 98 Stat.
    1903). This amendment had been included as sec. 311(a)(1) of H.R. 5119,
    the International Security and Development Cooperation Act of 1984, as
    passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 311 of
    H.R. 5119.
        \152\ The word ``shelter'' was inserted in lieu of the word
    ``housing'' by sec. 541(a) of the Foreign Assistance Appropriations
    Act, 1985, as contained in the Continuing Appropriations Act, 1985
    (Public Law 98-473; 98 Stat. 1903). This amendment had been included as
    sec. 311(a)(2) of H.R. 5119, the International Security and Development
    Cooperation Act of 1984, as passed by the House on May 10, 1984. Sec.
    541(a) enacted sec. 311 of H.R. 5119.
    ---------------------------------------------------------------------------
        Sec. 222.\153\ Authorization.--(a) To carry out the policy
    of section 221, the President is authorized to issue guaranties
    to eligible investors (as defined in section 238(c)) assuring
    against losses incurred in connection with loans made for
    projects meeting the criteria set forth in section 221. The
    total principal amount of guaranties issued under this title or
    heretofore issued under prior housing guaranty authorities,
    which are outstanding at any one time, shall not exceed
    $2,558,000,000.\154\ The authority of this section shall
    continue through September 30, 1992.\155\ The President may
    issue regulations from time to time with regard to the terms
    and conditions upon which such guaranties shall be issued and
    the eligibility of lenders.
    ---------------------------------------------------------------------------
        \153\ 22 U.S.C. 2182. Sec. 222, which was added by the FA Act of
    1969 and had concerned housing projects in Latin American countries,
    was amended and restated by sec. 115(a) of the International
    Development and Food Assistance Act of 1978 (Public Law 95-424; 92
    Stat. 950).
        \154\ This figure was increased from $2,158,000,000 by title II,
    chapter III, of the Dire Emergency Supplemental Appropriations for 1990
    (Public Law 101-302; 104 Stat. 224). This figure was previously
    increased from $1,958,000,000 by sec. 313(a) of the International
    Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
    Stat. 190); and from $1,718,000,000 by sec. 541(a) of the Foreign
    Assistance Appropriations Act, 1985, as contained in the Continuing
    Appropriations Act, 1985 (Public Law 98-473; 98 Stat. 1903). This
    amendment had been included as sec. 311(b)(1) of H.R. 5119, the
    International Security and Development Cooperation Act of 1984, as
    passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 311 of
    H.R. 5119. Previously, the amount was raised from $1,555,000,000 to
    $1,718,000,000 by sec. 310(a) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1535)
    and from $1,180,000,000 to $1,155,000,000 by sec. 112(a)(1) of Public
    Law 96-53 (93 Stat. 363).
        Congress did not enact an authorization for fiscal year 2001.
    Instead, the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000,
    enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat.
    1900), waived the requirements for authorization and title II of that
    Act provided the following:
    ---------------------------------------------------------------------------

                      ``DEVELOPMENT CREDIT PROGRAM ACCOUNT

                        ``(INCLUDING TRANSFER OF FUNDS)
    ---------------------------------------------------------------------------
        ``For the cost of direct loans and loan guarantees, $1,500,000, as
    authorized by section 635 of the Foreign Assistance Act of 1961:
    Provided, That such funds shall be made available only for urban and
    environmental programs: Provided further, That for the cost of direct
    loans and loan guarantees, up to $5,000,000 of funds appropriated by
    this Act under the heading `Development Assistance', may be transferred
    to and merged with funds appropriated under this heading to be made
    available for the purposes of part I of the Foreign Assistance Act of
    1961: Provided further, That such costs shall be as defined in section
    502 of the Congressional Budget Act of 1974: Provided further, That the
    provisions of section 107A(d) (relating to general provisions
    applicable to the Development Credit Authority) of the Foreign
    Assistance Act of 1961, as contained in section 306 of H.R. 1486 as
    reported by the House Committee on International Relations on May 9,
    1997, shall be applicable to direct loans and loan guarantees provided
    under this heading. In addition, for administrative expenses to carry
    out credit programs administered by the Agency for International
    Development, $4,000,000, all of which may be transferred to and merged
    with the appropriation for Operating Expenses of the Agency for
    International Development: Provided further, That funds appropriated
    under this heading shall remain available until September 30, 2002.''.
        See notes at paragraph on Development Credit Program Account in the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2001, for text of sec. 306 of H.R. 1486.
        See also sec. 556 of that Act, relating to special debt relief for
    the poorest.
        \155\ Title II of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2000 (H.R. 3422, as introduced on
    November 17, 1999, enacted by reference in sec. 1000(a)(2) of Public
    Law 106-113; 113 Stat. 1535), under the heading ``Urban and
    Environmental Credit Program Account'', waived the second and third
    sentences of this subsec. for fiscal year 2000, which in effect lifted
    the ceiling on the outstanding principal amount of guaranties, and
    continued the authority contained in the section.
        Previously, the authority of this section was extended to September
    30, 1992, from Sept. 30, 1991, by title II of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1991 (Public
    Law 101-513; 104 Stat. 1989). Previously the authority was extended
    from Sept. 30, 1990, by title II of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1990 (Public Law
    101-167; 103 Stat. 1205); from Sept. 30, 1989, by title II of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1988 (sec. 101(e) of the Continuing Appropriations
    for 1988, Public Law 100-202; 101 Stat. 1329); from Sept. 30, 1986, by
    sec. 313(b) of the International Security and Development Cooperation
    Act of 1985 (Public Law 99-83; 99 Stat. 190).
        The authority of this section was previously extended from Sept.
    30, 1984, by sec. 541(a) of the Foreign Assistance Appropriations Act,
    1985 as contained in the Continuing Appropriations Act, 1985 (Public
    Law 98-473; 98 Stat. 1903). This amendment had been included as sec.
    311(b)(2) of H.R. 5119, the International Security and Development
    Cooperation Act of 1984, as passed by the House on May 10, 1984. Sec.
    541(a) enacted sec. 311 of H.R. 5119. This authority had been extended
    previously from Sept. 30, 1982, by sec. 310(a) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1535); and from Sept. 30, 1980, by sec. 112(a)(2) of Public Law
    96-53 (93 Stat. 364).
    ---------------------------------------------------------------------------
        (b) Activities carried out under this section shall
    emphasize--
              (1) projects which provide improved home sites to
            poor families on which to build shelter, and related
            services;
              (2) projects comprised of expandable core shelter
            units on serviced sites;
              (3) slum upgrading projects designed to conserve and
            improve existing shelter;
              (4) shelter projects for low income people designed
            for demonstration or institution building purposes; and
              (5) community facilities and services in support of
            projects authorized under this section to improve the
            shelter occupied by the poor.
        (c) In issuing guaranties under this section with respect
    to projects in a country which require the use or conservation
    of energy, the President shall give consideration to the use of
    solar energy technologies, where such technologies are
    economically and technically feasible. Technologies which may
    be used include solar hot water systems, solar heating and
    cooling, passive solar heating, biomass conversion,
    photovoltaic and wind applications, and community-scale solar
    thermal applications.
        (k) \156\ The total principal amount of guaranties issued
    under this section for each of the fiscal years 1986 and 1987
    shall be comparable to the total principal amount of such
    guaranties issued for fiscal year 1984, subject to the dollar
    limitations on the issuance of guaranties under this section
    which are contained in subsection (a) and in appropriation
    Acts.
    ---------------------------------------------------------------------------
        \156\ Sec. 313(c) of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat 190) added subsec.
    (k). This subsection should probably be labeled ``(d)'' instead of
    ``(k)''.
    ---------------------------------------------------------------------------
        Sec. 222A.\157\ Agricultural and Productive Credit and
    Self-Help Community Development Programs.--(a) It is the sense
    of the Congress that in order to stimulate the participation of
    the private sector in the economic development of less-
    developed countries,\158\ the authority conferred by this
    section should be used to establish pilot programs \159\ to
    encourage private banks, credit institutions, similar private
    lending organizations, cooperatives, and private nonprofit
    development organizations to make loans on reasonable terms to
    organized groups and individuals residing in a community for
    the purpose of enabling such groups and individuals to carry
    out agricultural credit and self-help community development
    projects for which they are unable to obtain financial
    assistance on reasonable terms. Agricultural credit and
    assistance for self-help community development projects should
    include, but not be limited to, material and such projects as
    wells, pumps, farm machinery, improved seed, fertilizer,
    pesticides, vocational training, food industry development,
    nutrition projects, improved breeding stock for farm animals,
    sanitation facilities, and looms and other handicraft aids.
    ---------------------------------------------------------------------------
        \157\ 22 U.S.C. 2182a. Sec. 222A was added by sec. 8(a)(2) of the
    FA Act of 1974.
        \158\ The words ``in not more than six Latin American countries''
    and the words ``in Latin America'' were deleted by sec. 541(a) of the
    Foreign Assistance Appropriations Act, 1985, as contained in the
    Continuing Appropriations Act, 1985 (Public Law 98-473; 98 Stat. 1903).
    This amendment had been included as sec. 312(a)(1) of H.R. 5119, the
    International Security and Development Cooperation Act of 1984, as
    passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 312 of
    H.R. 5119.
        \159\ Previously such programs were limited to not more than six
    Latin American countries (Public Law 99-53; 99 Stat. 364).
    ---------------------------------------------------------------------------
        (b) To carry out the purposes of subsection (a), the agency
    primarily responsible for administering part I is authorized to
    issue guaranties, on such terms and conditions as it shall
    determine, to private lending institutions, cooperatives, and
    private nonprofit development organizations \160\ assuring
    against loss of not to exceed 50 per centum of the portfolio of
    such loans made by any lender to organized groups or
    individuals residing in a community to enable such groups or
    individuals to carry out agricultural credit and self-help
    community development projects for which they are unable to
    obtain financial assistance on reasonable terms. In no event
    shall the liability of the United States exceed 75 per centum
    of any one loan.
    ---------------------------------------------------------------------------
        \160\ The words ``in not more than five Latin American countries'',
    that previously appeared at this point, were struck out by sec. 541(a)
    of the Foreign Assistance Appropriations Act, 1985, as contained in the
    Continuing Appropriations Act, 1985 (Public Law 98-473; 98 Stat. 1903).
    This amendment had been included as sec. 312(a)(2) of H.R. 5119, the
    International Security and Development Cooperation Act of 1984, as
    passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 312 of
    H.R. 5119.
    ---------------------------------------------------------------------------
        (c) The total face amount of guaranties issued under this
    section outstanding at any one time shall not exceed
    $20,000,000.\161\ Not more than 10 per centum of such sum shall
    be provided for any one institution, cooperative, or
    organization.
    ---------------------------------------------------------------------------
        \161\ This figure was increased from $15,000,000 by sec. 112(b)(2)
    of the International Development Cooperation Act of 1979 (Public Law
    96-53; 93 Stat. 364).
    ---------------------------------------------------------------------------
        (d) \162\ The Inter-American Foundation shall be consulted
    in developing criteria for making loans eligible for guaranty
    coverage in Latin America under this section.
    ---------------------------------------------------------------------------
        \162\ Section 586 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by
    reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535),
    authorized the President to abolish the Inter-American Foundation and
    made conforming amendments to legislation related to the Inter-American
    Foundation to reflect the abolishment. These amendments are to be
    effective and executed only after the Director of the Office of
    Management and Budget transmits to Congress a certification that
    responsibilities delegated to the Director, primarily that of
    administering and winding-up any outstanding obligations of the Inter-
    American Foundation, have been fully discharged.
        That certification and subsequent administration have not yet been
    executed. Upon execution of these requirements, sec. 586(h)(3) of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2000 (H.R. 3422, enacted by reference in sec.
    1000(a)(2) of Public Law 106-113; 113 Stat. 1535), will strike subsec.
    (d).
    ---------------------------------------------------------------------------
        (e) Not to exceed $3,000,000 of the guaranty reserve
    established under section 223(b) shall be available to make
    such payments as may be necessary to discharge liabilities
    under guaranties issued under this section or any guaranties
    previously issued under section 240 of this Act.
        (f) Funds held by the Overseas Private Investment
    Corporation pursuant to section 236 may be available for
    meeting necessary administrative and operating expenses for
    carrying out the provisions of this section through June 30,
    1976.
        (g) The Overseas Private Investment Corporation shall, upon
    enactment of this subsection, transfer to the agency primarily
    responsible for administering part I all obligations, assets,
    and related rights and responsibilities arising out of, or
    related to the predecessor program provided for in section 240
    of this Act.
        (h) The authority of this section shall continue through
    September 30, 1988.\163\
    ---------------------------------------------------------------------------
        \163\ This authority was extended from Sept. 30, 1986, to Sept. 30,
    1988, by sec. 313 (d) of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190). This
    authority was previously extended from Sept. 30, 1983 to Sept. 30,
    1986, by sec. 541(a) of the Foreign Assistance Appropriations Act, 1985
    (Public Law 98-473). This amendment had been included as sec. 312(b) of
    H.R. 5119, the International Security and Development Cooperation Act
    of 1984, as passed by the House on May 10, 1984. Sec. 541(a) enacted
    sec. 312 of H.R. 5119. Such authority had previously been extended from
    Dec. 31, 1977 to Sept. 30, 1978, by Public Law 95-88 (91 Stat. 540),
    from Sept. 30, 1978 to Sept. 30, 1979, by Public Law 95-424 (92 Stat.
    951), from Sept. 30, 1979 to Sept. 30, 1982, by Public Law 96-53 (93
    Stat. 364), and from Sept. 30, 1982 to Sept. 30, 1983, by Public Law
    97-438 (96 Stat. 2286).
    ---------------------------------------------------------------------------
        (i) Notwithstanding the limitations in subsection (c) of
    this section, foreign currencies owned by the United States and
    determined by the Secretary of the Treasury to be excess to the
    needs of the United States may be utilized to carry out the
    purposes of this section, including the discharge of
    liabilities under this subsection. The authority conferred by
    this subsection shall be in addition to authority conferred by
    any other provision of law to implement guaranty programs
    utilizing excess local currency.\164\
    ---------------------------------------------------------------------------
        \164\ Subsec. (j), which previously appeared at this point and
    concerned a one-time reporting requirement, was repealed by sec.
    502(d)(1) of the International Development and Food Assistance Act of
    1978 (Public Law 95-424; 92 Stat. 959).
    ---------------------------------------------------------------------------
        Sec. 223.\165\ General Provisions.--(a) A fee shall be
    charged for each guaranty issued under section 222 or 222A
    \166\ in an amount to be determined by the President. In the
    event the fee to be charged for such type guaranty is reduced,
    fees to be paid under existing contracts for the same type of
    guaranty may be similarly reduced.
    ---------------------------------------------------------------------------
        \165\ 22 U.S.C. 2183. Sec. 223 was added by sec. 105 of the FA Act
    of 1969.
        \166\ Sec. 8(a)(3) of the FA Act of 1974 inserted ``section 221,
    222, or 222A'' in lieu of ``section 221 or section 222''. Subsequently,
    the reference to sec. 221 was struck by sec. 115 of the International
    Development and Food Assistance Act of 1978 (Public Law 95-424; 92
    Stat. 951).
    ---------------------------------------------------------------------------
        (b) The amount of $50,000,000 of fees accumulated under
    prior investment guaranty provisions repealed by the Foreign
    Assistance Act of 1969, together with all fees collected in
    connection with guaranties issued under section 222 \167\ or
    under prior housing guaranty authorities,\168\ shall be
    available for meeting necessary administrative and operating
    expenses of carrying out the provisions of section 222 and
    administering housing guaranties heretofore authorized under
    this title and under \169\ prior housing guaranty provisions
    repealed by the Foreign Assistance Act of 1969 (including, but
    not limited to expenses pertaining to personnel, supplies, and
    printing), subject to such limitations as may be imposed in
    annual appropriation Acts; for meeting management and custodial
    costs incurred with respect to currencies or other assets
    acquired under guaranties made pursuant to section 222 \167\ or
    heretofore pursuant to this title or \170\ prior Latin American
    and other housing guaranty authorities repealed by the Foreign
    Assistance Act of 1969; and to pay the cost of investigating
    and adjusting (including cost of arbitration) claims under such
    guaranties; and shall be available for expenditure in discharge
    of liabilities under such guaranties until such time as all
    such property has been disposed of and all such liabilities
    have been discharged or have expired, or until all such fees
    have been expended in accordance with the provisions of this
    subsection. Fees collected in connection with guaranties issued
    under section 222A shall likewise be available to meet similar
    expenses, costs, or liabilities incurred in connection with the
    programs authorized by that section.\171\ All of the foregoing
    fees referred to in this section together with earnings thereon
    and other income arising from guaranty operations under this
    title shall be held in a revolving fund account maintained in
    the Treasury of the United States. All funds in such account
    may be invested in obligations of the United States. Any
    interest or other receipts derived from such investments shall
    be credited to such account and may be used for the purposes
    cited in this section.\172\
    ---------------------------------------------------------------------------
        \167\ Sec. 8(a)(3) of the Foreign Assistance Act of 1974 (Public
    Law 93-559)struck out ``this title'' and inserted in lieu thereof
    ``section 221 or section 222''. Sec. 115(d) of International
    Development and Food Assistance Act (Public Law 95-424; 92 Stat. 945)
    struck out reference to section 221.
        \168\ Sec. 117(b)(2)(A) of the International Development and Food
    Assistance Act of 1977 (Public Law 95-88; 91 Stat. 540) struck out the
    word ``hereunder'' and inserted the words ``under section 221 or 222 or
    under prior housing guaranty authorities''.
        \169\ The words to this point beginning with ``222 and
    administering * * *'' were substituted in lieu of ``221 and section 222
    of'' by sec. 115(d)(2) of the International Development and Food
    Assistance Act of 1978 (Public Law 95-424; 92 Stat. 951).
        \170\ The words ``this title or'' were added by sec. 115(d)(4) of
    the International Development and Food Assistance Act of 1978 (Public
    Law 95-424; 92 Stat. 951).
        \171\ This sentence was added by sec. 117(b)(2) of the
    International Development and Food Assistance Act of 1977 (Public Law
    95-88; 91 Stat. 540).
        \172\ The final three sentences of subsec. (b) were added by sec.
    310(b) of the International Security and Development Cooperation Act of
    1981 (Public Law 97-113; 95 Stat. 1535).
    ---------------------------------------------------------------------------
        (c) Any payments made to discharge liabilities under
    guaranties issued under this title or \173\ section 222 or
    heretofore under prior Latin American or other housing guaranty
    authorities repealed by the Foreign Assistance Act of 1969,
    shall be paid first out of fees referred to in subsection (b)
    (excluding amounts required for purposes other than the
    discharge of liabilities under guaranties) as long as such fees
    are available, and thereafter shall be paid out of funds, if
    any, realized from the sale of currencies or other assets
    acquired in connection with any payment made to discharge
    liabilities under such guaranties as long as funds are
    available, and finally out of funds hereafter made available
    pursuant to subsection (e).
    ---------------------------------------------------------------------------
        \173\ The words ``under this title or'' were inserted in lieu of
    ``section 221 or'' by sec. 115(e) of the International Development and
    Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 951).
    ---------------------------------------------------------------------------
        (d) All guaranties issued under section 222 or 222A or
    previously under section 240 of this Act \174\ or heretofore
    under this title or \175\ under prior Latin American or other
    housing guaranty authority repealed by the Foreign Assistance
    Act of 1969 shall constitute obligations, in accordance with
    the terms of such guaranties of the United States of America
    and the full faith and credit of the United States of America
    is hereby pledged for the full payment and performance of such
    obligations.
    ---------------------------------------------------------------------------
        \174\ Sec. 8(a)(5) of the FA Act of 1974 substituted ``section 221,
    222, 222A, or previously under section 240 of this Act'' in lieu of
    ``section 221 or section 222.'' Subsequently, sec. 115(f) of Public Law
    95-424 struck out the reference to sec. 221.
        \175\ The words ``under this title or'' were added by sec.
    115(f)(2) of the International Development and Food Assistance Act of
    1978 (Public Law 95-424; 92 Stat. 951).
    ---------------------------------------------------------------------------
        (e)(1) \176\ There is hereby authorized to be appropriated
    to the President such amounts, to remain available until
    expended, as may be necessary from time to time to carry out
    the purposes of this title.
    ---------------------------------------------------------------------------
        \176\ The para. designation ``(1)'' and a new para. (2) were added
    by sec. 541(a) of the Foreign Assistance Appropriations Act, 1985, as
    contained in the Continuing Appropriations Act, 1985 (Public Law 98-
    473; 98 Stat. 1903). This amendment had been included as sec. 311(c) of
    H.R. 5119, the International Security and Development Cooperation Act
    of 1984, as passed by the House on May 10, 1984. Sec. 541(a) enacted
    sec. 311 of H.R. 5119.
    ---------------------------------------------------------------------------
        (2) \176\ (A) In order to meet obligations incurred for the
    payment of claims pursuant to loan guaranties described in
    subsection (d), the Administrator of the agency primarily
    responsible for administering part I may, to the extent that
    reserves are not sufficient, borrow from time to time from the
    Treasury except that--
              (i) the Administrator may exercise the authority to
            borrow under this paragraph only to such extent or in
            such amounts as are provided in advance in
            appropriation Acts; and
              (ii) the amount borrowed under this paragraph which
            is outstanding at any one time may not exceed
            $100,000,000.\177\
    ---------------------------------------------------------------------------
        \177\ $100,000,000 was substituted in lieu of $40,000,000 by title
    II of the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1988 (sec. 101(e) of the Continuing Appropriations
    for 1988, Public Law 100-202; 101 Stat. 1329).
    ---------------------------------------------------------------------------
        (B) Any such borrowing shall bear interest at a rate
    determined by the Secretary of the Treasury, taking into
    account the current average market yield on outstanding
    marketable obligations of the United States of comparable
    maturities. The Secretary of the Treasury shall make loans
    under this paragraph and for such purpose may borrow on the
    credit of the United States in accordance with subchapter I of
    chapter 31 of title 31 of the United States Code.
        (f) In the case of any loan investment guaranteed under
    section 222,\167\ the agency primarily responsible for
    administering part I shall prescribe the maximum rate of
    interest allowable to the eligible investor, which maximum rate
    shall not exceed by more than 1 per centum the then current
    rate of interest applicable to housing mortgages insured by the
    Department of Housing and Urban Development.\178\ The maximum
    allowable rate of interest under this subsection shall be
    prescribed by the agency as of the date the project covered by
    the investment is officially authorized and, prior to the
    execution of the contract, the agency may amend such rate at
    its discretion, consistent with the provisions of subsection
    (f).
    ---------------------------------------------------------------------------
        \178\ Language which specified that the maximum rate of interest
    should not be less than one-half of 1 per centum above the then current
    rate of interest applicable to housing mortgages insured by HUD, was
    struck out by sec. 112(c) of the International Development Cooperation
    Act of 1979 (Public Law 96-53; 93 Stat. 364).
    ---------------------------------------------------------------------------
        (g) Housing guaranties committed, authorized, or
    outstanding heretofore under this title or \179\ under prior
    housing guaranty authorities repealed by the Foreign Assistance
    Act of 1969 shall continue subject to provisions of law
    originally applicable thereto and fees collected hereafter with
    respect to such guaranties shall be available for the purposes
    specified in subsection (b).
    ---------------------------------------------------------------------------
        \179\ The words ``heretofore under this title or'' were added by
    sec. 115(h) of the International Development and Food Assistance Act of
    1978 (Public Law 95-424; 92 Stat. 951).
    ---------------------------------------------------------------------------
        (h) No payment may be made under any guaranty issued
    pursuant to this title for any loss arising out of fraud or
    misrepresentation for which the party seeking payment is
    responsible.
        (i) \180\ * * * [Repealed--1978]
    ---------------------------------------------------------------------------
        \180\ Subsec. (i), which had authorized sections 221 and 222 to
    continue in force until Sept. 30, 1979, was repealed by sec. 115(i) of
    the International Development and Food Assistance Act of 1978 (Public
    Law 95-424; 92 Stat. 952).
    ---------------------------------------------------------------------------
        (j) \181\ Guaranties shall be issued under section 222
    \167\ only for housing projects which are coordinated with and
    complementary to any development assistance being furnished
    under chapter 1 of this part and which \182\ are specifically
    designed to demonstrate the feasibility and suitability of
    particular kinds of housing or of financial or other
    institutional arrangements. Of the aggregate face value of
    housing guaranties hereafter issued under this title, not less
    than 90 per centum shall be issued for housing suitable for
    families with income below the median income (below the median
    urban income for housing in urban areas) in the country in
    which the housing is located.\183\
    ---------------------------------------------------------------------------
        \181\ Sec. 311(5)(B) of Public Law 94-161 (89 Stat. 849) added
    subsection (j).
        \182\ The words to this point beginning with ``are coordinated with
    and'' were substituted by sec. 112(d)(1) of the International
    Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 364) in
    lieu of the following: ``(1) except for regional projects are in
    countries which are receiving, or which in the previous two fiscal
    years have received, development assistance under chapter 1 of part I
    of this Act, (2) are coordinated with and complementary to such
    assistance, and (3)''.
        \183\ Title II of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1999 (division A, sec. 101(d) of
    Public Law 105-277; 112 Stat. 2681) struck out the third and fourth
    sentences of subsec. (j). The fourth sentence had previously been
    amended and restated by sec. 112(d)(2) of the International Development
    Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 364). The two
    stricken sentences, as amended, had read as follows:
        ``The face value of guaranties issued with respect to housing in
    any country shall not exceed $25,000,000 in any fiscal year, and the
    average face value of guaranties issued in any fiscal year shall not
    exceed $15,000,000. Of the total amount of housing guaranties
    authorized to be issued under section 222 through September 30, 1982,
    not less than a face amount of $25,000,000 shall be issued for projects
    in Israel and not less than a face amount of $25,000,000 shall be
    issued for projects in Egypt.''.
    ---------------------------------------------------------------------------
        Sec. 224.\184\ Trade Credit Insurance Program for Central
    America.--(a) In order to enable the Export-Import Bank of the
    United States (hereafter in this section referred to as the
    ``Bank'') to determine that there exists reasonable assurance
    of repayment as required under section 2(b)(1)(B) of the
    Export-Import Bank Act of 1945,\185\ the agency primarily
    responsible for administering part I of this Act (hereafter in
    this section referred to as the ``Agency'') is authorized to
    provide guarantees to the Bank for liabilities to be incurred
    by the Bank in connection with guarantees or insurance provided
    under the Export-Import Bank Act of 1945 for financing for
    transactions involving the export of goods and services for the
    use of the private sector in Central American countries.
    ---------------------------------------------------------------------------
        \184\ 22 U.S.C. 2184. Sec. 224 was added by sec. 541(a) of the
    Foreign Assistance Appropriations Act, 1985, as contained in the
    Continuing Appropriations Act, 1985 (Public Law 98-473; 98 Stat. 1903).
    This amendment had been included as sec. 1011 of H.R. 5119, the
    International Security and Development Cooperation Act of 1984, as
    passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 1011 of
    H.R. 5119. Reference in the section title to Central America was added
    by the Support for East European Democracy (SEED) Act of 1989 (Public
    Law 101-179; 103 Stat. 1313).
        \185\ For text, see Legislation on Foreign Relations Through 2000,
    vol. III.
    ---------------------------------------------------------------------------
        (b)(1) Guarantees provided by the Agency pursuant to the
    authority of subsection (a) shall be for short-term guarantees
    and insurance extended by the Bank which shall be repayable
    within a period not to exceed one year from the date of arrival
    at the port of importation of the goods and services covered by
    such guarantees or insurance. Guarantees or insurance extended
    by the Bank and guaranteed by the Agency pursuant to subsection
    (a) shall be provided by the Bank in accordance with criteria
    and procedures agreed to by the Agency and the Bank. Such
    agreement shall also provide for the establishment of a reserve
    fund by the Agency, with such funds made available to the
    reserve as the Agency deems necessary to discharge liabilities
    under guarantees provided by the Agency pursuant to subsection
    (a).
        (2) The administrator of such agency shall transmit a copy
    of such agreement to the Speaker of the House of
    Representatives and to the Committee on Foreign Relations and
    the Committee on Banking, Housing, and Urban Affairs of the
    Senate.
        (c) The Agency shall not enter into any commitments to
    guarantee under subsection (a) after September 30, 1991.\186\
    ---------------------------------------------------------------------------
        \186\ Title IV of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2001), struck out ``September 30, 1990'' and inserted in lieu
    thereof ``September 30, 1991''.
    ---------------------------------------------------------------------------
        (d) Of the funds authorized to be appropriated for chapter
    4 of part II of this Act, there are authorized to be made
    available such sums as may be deemed necessary by the Agency to
    discharge liabilities under guarantees entered into under
    subsection (a).
        (e) Commitments to guarantee under subsection (a) are
    authorized only to the extent and in the amounts provided in
    appropriations Acts, except that the aggregate amount of
    outstanding commitments under subsection (a) may not exceed
    $300,000,000 of contingent liability for loan principal during
    fiscal year 1986 and may not exceed $400,000,000 of contingent
    liability for loan principal during fiscal year 1987.\187\
    ---------------------------------------------------------------------------
        \187\ Sec. 314 of the International Security and Development
    Cooperation Act of 1985 substituted the text following the word
    ``Acts,'' in lieu of the words ``not to exceed $300,000,000 in the
    fiscal year 1985.''.
    ---------------------------------------------------------------------------
        (f) To the extent that any of the funds made available
    pursuant to subsection (d) are paid out for a claim arising out
    of liabilities guaranteed under subsection (a), amounts
    received after the date of such payment, with respect to such
    claim, shall be credited to the reserve fund referred to in
    subsection (b), shall be merged with the funds in such reserve,
    and shall be available for the purpose of payments by the
    Agency to the Bank for guarantees under subsection (a).
        (g) Beginning on a date six months after the date of
    enactment of this section, and at intervals of six months
    thereafter, the administrator of the agency primarily
    responsible for administering part I of this Act and the
    President of the Export-Import Bank of the United States shall
    prepare and transmit to the Speaker of the House of
    Representatives and the Chairman of the Committee on Foreign
    Relations of the Senate a report on the amount and extension of
    credits during the preceding six-month period.
        (h) The Export-Import Bank shall provide without
    reimbursement such administrative and technical assistance to
    the Agency as the Bank and the Agency deem appropriate to
    assist the Agency in carrying out this section.
        Sec. 225.\188\ Trade Credit Insurance Program for Poland.
    ---------------------------------------------------------------------------
        \188\ 22 U.S.C. 2185. Section 304 of the Support for East European
    Democracy (SEED) Act of 1989 (Public Law 101-179; 103 Stat. 1312) added
    sec. 225.
    ---------------------------------------------------------------------------
      (a) General Authority.--
              (1) Assurance to export-import bank of repayment.--
            The President is authorized to provide guarantees to
            the Bank for liabilities described in paragraph (2) in
            order to satisfy the requirement of section 2(b)(1)(B)
            of the Export-Import Bank Act of 1945 (12 U.S.C.
            635(b)(1)(B)) that the Bank have reasonable assurance
            of repayment.
              (2) Liabilities which may be guaranteed.--The
            liabilities that may be guaranteed under paragraph (1)
            are liabilities incurred by the Bank in connection with
            guarantees or insurance provided under the Export-
            Import Bank Act of 1945 for financing for transactions
            involving the export of goods and services for the use
            of the private sector in Poland.
      (b) Guarantees Available Only for Short-Term Guarantees and
    Insurance.--Guarantees provided under subsection (a) shall be
    for short-term guarantees and insurance extended by the Bank
    which shall be repayable within a period not to exceed one year
    from the date of arrival at the port of importation of the
    goods and services covered by such guarantees or insurance.
      (c) Agreement on Criteria and Procedures.--Guarantees or
    insurance extended by the Bank and guaranteed pursuant to
    subsection (a) shall be provided by the Bank in accordance with
    criteria and procedures agreed to by the Administrator and the
    Bank.
      (d) Reserve Fund.--The agreement referred to in subsection
    (c) shall also provide for the establishment of a reserve fund
    by the administering agency, with such funds made available to
    the reserve as the Administrator deems necessary to discharge
    liabilities under guarantees provided under subsection (a).
      (e) Discharge of Liabilities.--
              (1) Funds which may be used.--Such amounts of the
            funds made available to carry out chapter 4 of part II
            of this Act (relating to the economic support fund) as
            the President determines are necessary may be made
            available to discharge liabilities under guarantees
            entered into under subsection (a).
              (2) Crediting of subsequent payments.--To the extent
            that any of the funds made available pursuant to
            paragraph (1) are paid out for a claim arising out of
            liabilities guaranteed under subsection (a), amounts
            received after the date of such payment, with respect
            to such claim, shall be credited to the reserve fund
            established pursuant to subsection (d), shall be merged
            with the funds in such reserve, and shall be available
            for the purpose of payments by the Administrator to the
            Bank for guarantees under subsection (a).
      (f) Appropriations Action Required.--Commitments to guarantee
    under subsection (a) are authorized only to the extent and in
    the amounts provided in advance in appropriations Acts.
      (g) Limitation on Outstanding Commitments.--The aggregate
    amount of outstanding commitments under subsection (a) may not
    exceed $200,000,000 of contingent liability for loan principal
    during any fiscal year.
      (h) Biannual Reports to Congress.--Every 6 months, the
    Administrator and the President of the Bank shall prepare and
    transmit to the Speaker of the House of Representatives and the
    Chairman of the Committee on Foreign Relations of the Senate a
    report on the amount and extension of guarantees and insurance
    provided by the Bank and guaranteed under this section during
    the preceding 6-month period.
      (i) Administrative and Technical Assistance.--The Bank shall
    provide, without reimbursement, such administrative and
    technical assistance to the administering agency as the Bank
    and the Administrator determine appropriate to assist the
    administering agency in carrying out this section.
      (j) Fees and Premiums.--The Bank is authorized to charge fees
    and premiums, in connection with guarantees or insurance
    guaranteed by the administering agency under subsection (a),
    that are commensurate (in the judgment of the Bank) with the
    Bank's administrative costs and the risks covered by the
    agency's guarantees. Any amounts received by the Bank in excess
    of the estimated costs incurred by the Bank in administering
    such guarantees or insurance--
              (1) shall be credited to the reserve fund established
            pursuant to subsection (d),
              (2) shall be merged with the funds in such reserve,
            and
              (3) shall be available for the purpose of payments by
            the administering agency to the Bank for guarantees
            under subsection (a).
      (k) Restrictions Not Applicable.--Prohibitions on the use of
    foreign assistance funds for assistance for Poland shall not
    apply with respect to the funds made available to carry out
    this section.
      (l) Expiration of Authority.--The President may not enter
    into any commitments to guarantee under subsection (a) after
    September 30, 1992.
      (m) Definitions.--For purposes of this section--
              (1) the term ``administering agency'' means the
            Agency for International Development;
              (2) the term ``Administrator'' means the
            Administrator of the Agency for International
            Development; and
              (3) the term ``Bank'' means the Export-Import Bank of
            the United States.

    SEC. 226.\189\ LOAN GUARANTEES TO ISRAEL PROGRAM.

        (a) In General.--Subject to the terms and conditions of
    this section, during the period beginning October 1, 1992, and
    ending September 30, 1997, the President is authorized to issue
    guarantees against losses incurred in connection with loans to
    Israel made as a result of Israel's extraordinary humanitarian
    effort to resettle and absorb immigrants into Israel from the
    republics of the former Soviet Union, Ethiopia and other
    countries. In the event that less than the full amount
    authorized to be issued under subsection (b) of this section is
    issued in such period, the authority to issue the balance of
    such guarantees shall be available in the fiscal year ending on
    September 30, 1998.
    ---------------------------------------------------------------------------
        \189\ 22 U.S.C. 2186. Added by sec. 601 of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1993 (Public
    Law 102-391; 106 Stat. 1699).
    ---------------------------------------------------------------------------
        (b) \190\ Fiscal Year Levels.--The President is authorized
    to issue guarantees in furtherance of the purposes of this
    section. Subject to subsection (d), the total principal amount
    of guarantees which may be issued by the President under this
    section shall be up to $10,000,000,000 which may be issued as
    follows:
    ---------------------------------------------------------------------------
        \190\ In past years, the President has determined, pursuant to sec.
    226(d), that amounts authorized under this section for loan guarantees
    be reduced. See Presidential Determination No. 93-44 of September 30,
    1993 (58 F.R. 52209); Presidential Determination No. 94-57 of September
    30, 1994 (59 F.R. 52057); Presidential Determination No. 95-46 of
    September 29, 1995 (60 F.R. 53087).
    ---------------------------------------------------------------------------
              (1) in fiscal year 1993, up to $2,000,000,000 may be
            issued on October 1, 1992 or thereafter;
              (2) subject to subsection (d), in fiscal years 1994
            through 1997, up to $2,000,000,000 in each fiscal year
            may be issued on October 1 or thereafter.
              (3) If less than the full amount of guarantees
            authorized to be made available in a fiscal year
            pursuant to paragraphs (1) and (2) of this subsection
            is issued to Israel during that fiscal year, the
            authority to issue the balance of such guarantees shall
            extend to any subsequent fiscal year ending on or
            before September 30, 1998.
              (4)(A) Not later than September 1 of each year during
            the period in which the President is authorized to
            issue loan guarantees under subsection (a), beginning
            in fiscal year 1993, the President shall notify the
            appropriate congressional committees in writing of his
            intentions regarding the exercise of that authority for
            the fiscal year beginning on October 1 of that year,
            including a statement of the total principal amount of
            guarantees, if any, that the President proposes to
            issue for that fiscal year.
              (B) For purposes of this paragraph, the term
            ``appropriate congressional committees'' means the
            Committee on Appropriations and the Committee on
            Foreign Relations of the Senate and the Committee on
            Appropriations and the Committee on Foreign Affairs
            \191\ of the House of Representatives.
    ---------------------------------------------------------------------------
        \191\ 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) Use of Guarantees.--Guarantees may be issued under this
    section only to support activities in the geographic areas
    which were subject to the administration of the Government of
    Israel before June 5, 1967.
        (d) \190\ Limitation on Guarantee Amount.--The amount of
    authorized but unissued guarantees that the President is
    authorized to issue as specified in subsection (b) shall be
    reduced by an amount equal to the amount extended or estimated
    to have been extended by the Government of Israel during the
    previous year for activities which the President determines are
    inconsistent with the objectives of this section or
    understandings reached between the United States Government and
    the Government of Israel regarding the implementation of the
    loan program. The President shall submit a report to Congress
    no later than September 30 of each fiscal year during the
    pendency of the program specifying the amount calculated under
    this subsection and that will be deducted from the amount of
    guarantees authorized to be issued in the next fiscal year.
        (e) Fees.--
              (1) Fees charged for the loan guarantee program under
            this section each year shall be an aggregate annual
            origination fee equal to the estimated subsidy cost of
            the guarantees issued under this section for that year,
            calculated by the Office of Management and Budget for
            the Federal Credit Reform Act of 1990. This shall also
            include an amount for the administrative expenses of
            the Agency for International Development in
            administering the program under this section. All such
            fees shall be paid by the Government of Israel to the
            Government of the United States. Funds made available
            for Israel under chapter 4 of Part II of the Foreign
            Assistance Act of 1961, as amended, may be utilized by
            the Government of Israel to pay such fees to the United
            States Government. No further appropriations of subsidy
            cost are needed for the loan guarantee authorized
            hereunder for fiscal year 1993 and the four succeeding
            fiscal years.
              (2) The origination fee shall be payable to the
            United States Government on a pro rata basis as each
            guarantee for each loan or increment is issued.
        (f) Authority To Suspend.--Except as provided in
    subsections (l) and (m) of this section, the President shall
    determine the terms and conditions for issuing guarantees. If
    the President determines that these terms and conditions have
    been breached, the President may suspend or terminate the
    provision of all or part of the additional loan guarantees not
    yet issued under this section. Upon making such a determination
    to suspend or terminate the provision of loan guarantees, the
    President shall submit to the Speaker of the House of
    Representatives and the President Pro Tempore of the Senate his
    determination to do so, including the basis for such suspension
    or termination.
        (g) Procedures for Suspension or Termination.--Any
    suspension or termination pursuant to subsection (f) shall be
    in accordance with the following procedures:
              (1) Upon making a determination to suspend or
            terminate the provision of loan guarantees, the
            President shall submit to the Speaker of the House of
            Representatives and the President Pro Tempore of the
            Senate his determination to do so, including the basis
            for such suspension or termination.
              (2) Such a suspension or termination shall cease to
            be effective if Congress enacts, within 30 days of
            submission, a joint resolution authorizing the
            assistance notwithstanding the suspension.
              (3) Any such joint resolution shall be considered in
            the Senate in accordance with the provisions of section
            601(b) of the International Security Assistance and
            Arms Export Control Act of 1976.
              (4) For the purpose of expediting the consideration
            and enactment of joint resolutions under this
            subsection, a motion to proceed to the consideration of
            any such joint resolution after it has been reported by
            the appropriate committee shall be treated as highly
            privileged in the House of Representatives.
              (5) In the event that the President suspends the
            provision of additional loan guarantees under
            subsection (f) and Congress does not enact a joint
            resolution pursuant to this subsection, the provision
            of additional loan guarantees under the program
            established by this section may be resumed only if the
            President determines and so reports to Congress that
            the reasons for the suspension have been resolved or
            that the resumption is otherwise in the national
            interest.
      (h) Economic Context.--The effective absorption of immigrants
    into Israel from the republics of the former Soviet Union and
    Ethiopia within the private sector requires large investment
    and economic restructuring to promote market efficiency and
    thereby contribute to productive employment and sustainable
    growth. Congress recognizes that the Government of Israel is
    developing an economic strategy designed to achieve these
    goals, and that the Government of Israel intends to adopt a
    comprehensive, multi-year economic strategy based on prudent
    macroeconomic policies and structural reforms. Congress also
    recognizes that these policies are being designed to reduce
    direct involvement of the government in the economic system and
    to promote private enterprise, important prerequisites for
    economic stability and sustainable growth.
      (i) Consultations.--It is the sense of the Congress that, as
    agreed between the two Governments and in order to further the
    policies specified in subsection (h), Israel and the United
    States should continue to engage in consultations concerning
    economic and financial measures, including structural and other
    reforms, that Israel should undertake during the pendency of
    this program to enable its economy to absorb and resettle
    immigrants and to accommodate the increased debt burden that
    will result from loans guaranteed pursuant to this section. It
    is the sense of the Congress that these consultations on
    economic measures should address progress and plans in the
    areas of budget policies, privatization, trade liberalization,
    financial and capital markets, labor markets, competition
    policy, and deregulation.
      (j) Goods and Services.--During the pendency of the loan
    program authorized under this section, it is anticipated that,
    in the context of the economic reforms undertaken pursuant to
    subsections (h) and (i) of this section, Israel's increased
    population due to its absorption of immigrants, and the
    liberalization by the Government of Israel of its trade policy
    with the United States, the amount of United States investment
    goods and services purchased for use in or with respect to the
    country of Israel will substantially increase.
      (k) Reports.--The President shall report to Congress by
    December 31 of each fiscal year until December 31, 1999,
    regarding the implementation of this section.
        (l) Applicability of Foreign Assistance Act Authorities.--
    Section 223 of the Foreign Assistance Act shall apply to
    guarantees issued under subsection (a) in the same manner as
    such section applies to guarantees issued under section 222,
    except that subsections (a), (e)(1), (g), and (j) of section
    223 shall not apply to such guarantees and except that, to the
    extent section 223 is inconsistent with the Federal Credit
    Reform Act of 1990, that Act shall apply. Loans shall be
    guaranteed under this section without regard to sections 221,
    222, and 238(c). Notwithstanding section 223(f), the interest
    rate for loans guaranteed under this section may include a
    reasonable fee to cover the costs and fees incurred by the
    borrower in connection with this program or financing under
    this section in the event the borrower elects not to finance
    such costs or fees out of loan principal. Guarantees once
    issued hereunder shall be unconditional and fully and freely
    transferable.
        (m) Terms and Conditions.--
              (1) Each loan guarantee issued under this section
            shall guarantee 100 percent of the principal and
            interest payable on such loans.
              (2) The standard terms of any loan or increment
            guaranteed under this section shall be 30 years with
            semiannual payments of interest only over the first 10
            years, and with semiannual payments of principal and
            interest on a level payment basis, over the last 20
            years thereof, except that the guaranteed loan or any
            increments issued in a single transaction may include
            obligations having different maturities, interest
            rates, and payment terms if the aggregate scheduled
            debt service for all obligations issued in a single
            transaction equals the debt service for a single loan
            or increment of like amount having the standard terms
            described in this sentence. The guarantor shall not
            have the right to accelerate any guaranteed loan or
            increment or to pay any amounts in respect of the
            guarantees issued other than in accordance with the
            original payment terms of the loan. For purposes of
            determining the maximum principal amount of any loan or
            increment to be guaranteed under this section, the
            principal amount of each such loan or increment shall
            be--
                      (A) in the case of any loan issued on a
                    discount basis, the original issue price
                    (excluding any transaction costs) thereof; or
                      (B) in the case of any loan issue on an
                    interest-bearing basis, the stated principal
                    amount thereof.

            Title IV--Overseas Private Investment Corporation \192\

        Sec. 231.\193\ Creation, Purpose and Policy.--To mobilize
    and facilitate the participation of United States private
    capital and skills in the economic and social development \194\
    of less developed countries and areas, and countries in
    transition from nonmarket to market economies,\195\ thereby
    complementing the development assistance objectives of the
    United States, there is hereby created the Overseas Private
    Investment Corporation (hereinafter called the
    ``Corporation''), which shall be an agency of the United States
    under the policy guidance of the Secretary of State.
    ---------------------------------------------------------------------------
        \192\ A new title IV was added by sec. 105 of the FA Act of 1969.
    Prior to this, title IV had been titled ``Surveys of Investment
    Opportunities.'' For Executive Order concerning OPIC, see Legislation
    on Foreign Relations Through 2000, vol. I-B.
        Title IV was amended extensively by title I of S. 2757 and title I
    of H.R. 5263, both enacted by reference in the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1989 (Public
    Law 100-461; 102 Stat. 2268):
        ``Sec. 555. * * * Provided further, That title I of H.R. 5263 as
    passed by the House of Representatives on September 20, 1988, is hereby
    enacted into law: Provided further, That purchases, investments or
    other acquisitions of equity by the fund created by section 104 of H.R.
    5263 as hereby enacted are limited to such amounts as may be provided
    in advance in appropriations Acts: Provided further, That
    notwithstanding any other provision of this Act, titles I and III of S.
    2757 as reported by the Senate Committee on Foreign Relations on
    September 7, 1988, are hereby enacted into law: Provided further, That
    purchases, investments or other acquisitions of equity by the fund
    created by section 104 of S. 2757 as hereby enacted are limited to such
    amounts as may be provided in advance in appropriations Acts: * * *.''.
        Except in two instances, title I, S. 2757 and title I, H.R. 5263
    are identical. Sec. 106 in each title amended sec. 235(a)(2) of the FA
    Act of 1961. Sec. 235(a)(2) was previously amended by Public Law 100-
    418, sec. 2203(b)(1)(A); H.R. 5263 took this into account. Public Law
    100-418, sec. 2203(b)(1)(B) redesignated sec. 235(a)(5) of the FA Act
    of 1961 as sec. 235(a)(6). Sec. 107 in S. 2757 and H.R. 5263 amended
    this section, but H.R. 5263 took into account the redesignation by
    Public Law 100-418. Title III of S. 2757, which addresses the
    implementation of certain USIA Exchange Visitor Programs, is in
    Legislation on Foreign Relations Through 2000, vol. II, sec. E.
        \193\ 22 U.S.C. 2191. Sec. 231 was added by sec. 105 of the FA Act
    of 1969.
        \194\ Sec. 2(1)(A) of the OPIC Amendments Act of 1974 (Public Law
    93-390; 83 Stat. 809) substituted ``development'' in lieu of
    ``progress''.
        \195\ Sec. 101 of the Jobs Through Exports Act of 1992 (Public Law
    102-549; 106 Stat. 3651) struck out ``friendly countries and areas,''
    and inserted in lieu thereof ``countries and areas, and countries in
    transition from nonmarket to market economies,''.
    ---------------------------------------------------------------------------
        The \196\ Corporation, in determining whether to provide
    insurance, financing, or reinsurance for a project, shall
    especially--
    ---------------------------------------------------------------------------
        \196\ This paragraph was added by sec. 2(1) of Public Law 95-268
    (92 Stat. 213).
    ---------------------------------------------------------------------------
              (1) be guided by the economic and social development
            impact and benefits of such a project and the ways in
            which such a project complements, or is compatible
            with, other development assistance programs or projects
            of the United States or other donors;
              (2) give preferential consideration to investment
            projects in less developed countries that have per
            capita incomes of $984 or less in 1986 United States
            dollars, and restrict its activities with respect to
            investment projects in less developed countries that
            have per capita incomes of $4,269 or more in 1986
            United States dollars (other than countries designated
            as beneficiary countries under section 212 of the
            Caribbean Basin Economic Recovery Act (19 U.S.C. 2702),
            Ireland, and Northern Ireland); and \197\
    ---------------------------------------------------------------------------
        \197\ The per capita income levels were increased from $896 and
    $3,887 in 1983 U.S. dollars by sec. 102 of the OPIC Amendments Act of
    1988, S. 2757, enacted into law by reference in the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1989 (Public
    Law 100-461; 102 Stat. 2268). Sec. 102 also added ``(other than
    countries designated as beneficiary countries under section 212 of the
    Caribbean Basin Economic Recovery Act (19 U.S.C. 2702))''. Previously
    the per capita income levels were increased from $680 and $2,950 in
    1979 U.S. dollars to $896 and $3,887 in 1983 U.S. dollars by sec. 3 of
    the OPIC Amendments Act of 1985 (Public Law 99-204; 99 Stat. 1669), and
    from $520 and $1,000 in 1975 U.S. dollars to $680 and $2,950 in 1979
    U.S. dollars, respectively, by sec. 2(1) of the OPIC Amendments Act of
    1981 (Public Law 97-65; 95 Stat. 1021).
        Sec. 105 of the Jobs Through Trade Expansion Act of 1994 (Public
    Law 103-392; 108 Stat. 4099) inserted ``, Ireland, and Northern
    Ireland'' in the parentheses.
    ---------------------------------------------------------------------------
              (3) \198\ ensures that the project is consistent with
            the provisions of section 117 \198\ (as so redesignated
            by the Special Foreign Assistance Act of 1986), section
            118, and section 119 of this Act relating to the
            environment and natural resources of, and tropical
            forests and endangered species \198\ in, developing
            countries, and consistent with the intent of
            regulations issued pursuant to sections 118 and 119 of
            this Act.
    ---------------------------------------------------------------------------
        \198\ Par. (3) was added by sec. 4(a)(1)(C) of the OPIC Amendments
    Act of 1985 (Public Law 99-204; 99 Stat. 1669). The OPIC Amendments Act
    of 1988, S. 2757, enacted into law by reference in the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1989 (Public Law 100-461; 102 Stat. 2268), made a correction to include
    section 117. S. 2757 also struck out ``biological diversity'' and
    inserted in lieu thereof ``tropical forests and endangered species''.
    ---------------------------------------------------------------------------
        In carrying out its purpose, the Corporation, utilizing
    broad criteria, shall undertake--
              (a) \199\ to conduct financing, insurance, and
            reinsurance operations on a self-sustaining basis,
            taking into account in its financing operations the
            economic and financial soundness of projects;
    ---------------------------------------------------------------------------
        \199\ Subsec. (a) was amended by sec. 2(1)(B) of the OPIC
    Amendments Act of 1974 (Public Law 93-390; 83 Stat. 809). It formerly
    read as follows: ``(a) to conduct financial soundness of projects and
    the availability of financing from other sources on appropriate
    terms;''.
    ---------------------------------------------------------------------------
              (b) to utilize private credit and investment
            institutions and the Corporation's guaranty authority
            as the principal means of mobilizing capital investment
            funds;
              (c) to broaden private participation and revolve its
            funds through selling its direct investments to private
            investors whenever it can appropriately do so on
            satisfactory terms;
              (d) to conduct its insurance operations with due
            regard to principles of risk management including \200\
            efforts to share its insurance risks and reinsurance
            \201\ risks;
    ---------------------------------------------------------------------------
        \200\ Sec. 2(1)(C) of the OPIC Amendments Act of 1974 (Public Law
    93-390) struck the words, ``when appropriate,'' which appeared at this
    point.
        \201\ Sec. 2(1)(C) of the OPIC Amendments Act of 1974 (Public Law
    93-390) added the words ``and reinsurance''.
    ---------------------------------------------------------------------------
              (e) \202\ to the maximum degree possible consistent
            with its purposes--
    ---------------------------------------------------------------------------
        \202\ Subsec. (e), as amended by Public Law 93-390, was amended and
    restated by sec. 2(2) of Public Law 95-268 (92 Stat. 213). It formerly
    read as follows:
        ``(e) to give preferential consideration in its investment
    insurance, financing, and reinsurance activities (to the maximum extent
    practicable consistent with the Corporation's purposes) to investment
    projects involving businesses of not more than $2,500,000 net worth or
    with not more than $7,500,000 in total assets;''.
    ---------------------------------------------------------------------------
                      (1) to give preferential consideration in its
                    investment insurance, reinsurance, and guaranty
                    activities to investment projects sponsored by
                    or involving United States small business; and
                      (2) to increase the proportion of projects
                    sponsored by or significantly involving United
                    States small business to at least 30 percent of
                    all projects insured, reinsured, or guaranteed
                    by the Corporation;
              (f) \203\ to consider in the conduct of its
            operations the extent to which less developed country
            governments are receptive to private enterprise,
            domestic and foreign, and their willingness and ability
            to maintain conditions which enable private enterprise
            to make its full contribution to the development
            process;
    ---------------------------------------------------------------------------
        \203\ Sec. 2(5) of Public Law 95-268 (92 Stat. 214) struck subsecs.
    (f) and (l) and redesignated subsecs. (g) through (n) as (f) through
    (l), respectively. Subsecs. (f) and (l) formerly read as follows:
        ``(f) to encourage and support only those private investments in
    less developed friendly countries and areas which are sensitive and
    responsive to the special needs and requirements of their economies,
    and which contribute to the social and economic development of their
    people;''
        ``(l) to the maximum extent practicable, to give preferential
    consideration in the Corporation's investment insurance, financing, and
    reinsurance activities to investment projects in the less developed
    friendly countries which have per capita incomes of $450 or less in
    1973 United States dollars; and''.
    ---------------------------------------------------------------------------
              (g) \203\ to foster private initiative and
            competition and discourage monopolistic practices;
              (h) \203\ to further to the greatest degree possible,
            in a manner consistent with its goals, the balance-of-
            payments and employment \204\ objectives of the United
            States;
    ---------------------------------------------------------------------------
        \204\ Sec. 2(1)(E) of the OPIC Amendments Act of 1974 (Public Law
    93-390) added the words ``and employment''.
    ---------------------------------------------------------------------------
              (i) \203\ to conduct its activities in consonance
            with the activities of the agency primarily responsible
            for administering part I and the international trade,
            investment, and financial policies of the United States
            Government, and to seek to support those developmental
            projects having positive trade benefits for the United
            States; \205\
    ---------------------------------------------------------------------------
        \205\ The words ``, and to seek to support those developmental
    projects having positive trade benefits for the United States'' were
    added by sec. 2(2) of the OPIC Amendments Act of 1981 (Public Law 97-
    65; 95 Stat. 1021).
    ---------------------------------------------------------------------------
              (j) \203\ to advise and assist, within its field of
            competence, interested agencies of the United States
            and other organizations, both public and private,
            national and international, with respect to projects
            and programs relating to the development of private
            enterprise in less developed countries and areas;
              (k) \206\ (1) to decline to issue any contract of
            insurance or reinsurance, or any guaranty, or to enter
            into any agreement to provide financing for an eligible
            investor's proposed investment if the Corporation
            determines that such investment is likely to cause such
            investor (or the sponsor of an investment project in
            which such investor is involved) significantly to
            reduce the number of his employees in the United States
            because he is replacing his United States production
            with production from such investment which involves
            substantially the same product for substantially the
            same market as his United States production; and (2) to
            monitor conformance with the representations of the
            investor on which the Corporation relied in making the
            determination required by clause (1);
    ---------------------------------------------------------------------------
        \206\ This subsection was originally added as subsec. (m) by sec.
    2(1)(H) of the OPIC Amendments Act of 1974 (Public Law 93-390). It was
    redesignated as subsec. (k) by sec. 2(5) of Public Law 95-268; 92 Stat.
    214.
    ---------------------------------------------------------------------------
              (l) \207\ to decline to issue any contract of
            insurance or reinsurance, or any guaranty, or to enter
            into any agreement to provide financing for an eligible
            investor's proposed investment if the Corporation
            determines that such investment is likely to cause a
            significant reduction in the number of employees in the
            United States;
    ---------------------------------------------------------------------------
        \207\ This subsection was added as subsec. (n) by sec. 2(4) of
    Public Law 95-268 (92 Stat. 213), and redesignated as subsec. (l) by
    sec. 2(5) of the same Act.
    ---------------------------------------------------------------------------
              (m) \208\ to refuse to insure, reinsure, or finance
            any investment subject to performance requirements
            which would reduce substantially the positive trade
            benefits likely to accrue to the United States from the
            investment; and
    ---------------------------------------------------------------------------
        \208\ Subsec. (m) was added by sec. 2(3)(C) of the OPIC Amendments
    Act of 1981 (Public Law 97-65; 95 Stat. 1021).
    ---------------------------------------------------------------------------
              (n) \209\ to refuse to insure, reinsure, guarantee,
            or finance any investment in connection with a project
            which the Corporation determines will pose an
            unreasonable or major environmental, health, or safety
            hazard, or will result in the significant degradation
            of national parks or similar protected areas.
    ---------------------------------------------------------------------------
        \209\ Sec. 4(a)(4) of the OPIC Amendments Act of 1985 (Public Law
    99-204; 99 Stat. 1669) added subsec. (n).
    ---------------------------------------------------------------------------
        Sec. 231A.\210\ Additional Requirements.--(a) Worker
    Rights.--
    ---------------------------------------------------------------------------
        \210\ 22 U.S.C. 2191a. Sec. 231A was added by sec. 5(a) of the OPIC
    Amendments Act of 1985 (Public Law 99-204; 99 Stat. 1670). Sec. 5(b) of
    the Act provides that sec. 231A(a) ``shall not apply to projects
    insured, reinsured, guaranteed, or financed before the date of the
    enactment of this Act.''.
    ---------------------------------------------------------------------------
              (1) Limitation on OPIC Activities.--The Corporation
            may insure, reinsure, guarantee, or finance a project
            only if the country in which the project is to be
            undertaken is taking steps to adopt and implement laws
            that extend internationally recognized worker rights,
            as defined in section 507(4) of the Trade Act of
            1974,\211\ to workers in that country (including any
            designated zone in that country). The Corporation shall
            also include the following language, in substantially
            the following form, in all contracts which the
            Corporation enters into with eligible investors to
            provide financial support under this title: \212\
    ---------------------------------------------------------------------------
        \211\ Sec. 1954(b)(3)(A) of Public Law 104-188 (110 Stat. 1928)
    struck out ``502(a)(4) of the Trade Act of 1974 (19 U.S.C.
    2462(a)(4))'' and inserted in lieu thereof ``507(4) of the Trade Act of
    1974''.
        \212\ Sec. 102(a) of the Jobs Through Exports Act of 1992 (Public
    Law 102-549; 106 Stat. 3651) added the last sentence, including the
    language required in contracts, to sec. 231A(a)(1).
    ---------------------------------------------------------------------------
              ``The investor agrees not to take actions to prevent
            employees of the foreign enterprise from lawfully
            exercising their right of association and their right
            to organize and bargain collectively. The investor
            further agrees to observe applicable laws relating to a
            minimum age for employment of children, acceptable
            conditions of work with respect to minimum wages, hours
            of work, and occupational health and safety, and not to
            use forced labor. The investor is not responsible under
            this paragraph for the actions of a foreign
            government.''
              (2) Use of Annual Reports on Workers Rights.--The
            Corporation shall, in making its determinations under
            paragraph (1), use the reports submitted to the
            Congress pursuant to section 504 of the Trade Act of
            1974.\213\ The restriction set forth in paragraph (1)
            shall not apply until the first such report is
            submitted to the Congress.
    ---------------------------------------------------------------------------
        \213\ Sec. 1954(b)(3)(B) of Public Law 104-188 (110 Stat. 1928)
    struck out ``505(c) of the Trade Act of 1974 (19 U.S.C. 2465(c))'' and
    inserted in lieu thereof ``504 of the Trade Act of 1974''.
    ---------------------------------------------------------------------------
              (3) Waiver.--Paragraph (1) shall not prohibit the
            Corporation from providing any insurance, reinsurance,
            guaranty, or financing with respect to a country if the
            President determines that such activities by the
            Corporation would be in the national economic interests
            of the United States. Any such determination shall be
            reported in writing to the Congress, together with the
            reasons for the determination.\214\
    ---------------------------------------------------------------------------
        \214\ The President determined ``that the waiver of section
    231A(a)(1) with respect to Nicaragua, permitting the Overseas Private
    Investment Corporation to insure, reinsure, guaranty, and finance
    projects in Nicaragua, is in the national economic interests of the
    United States.'' (Presidential Determination 90-24 of June 21, 1990; 55
    F.R. 27631).
    ---------------------------------------------------------------------------
              (4) \215\ In making a determination under this
            section for the People's Republic of China, the
            Corporation shall discuss fully and completely the
            justification for making such determination with
            respect to each item set forth in subparagraphs (A)
            through (E) of section 507(4) \216\ of the Trade Act of
            1974.
    ---------------------------------------------------------------------------
        \215\ Sec. 231A(a)(4) was added by sec. 2203(c) of Public Law 100-
    418 (102 Stat. 1328).
        Sec. 902(a)(1) of the Foreign Relations Authorization Act, Fiscal
    Years 1990 and 1991 (Public Law 101-246; 104 Stat. 83) continued a
    suspension of OPIC's issuing new insurance, reinsurance, guarantees,
    financing, or other financial support to the People's Republic of China
    until the President reported to the Congress under subsec. (b) of that
    sec. that China had made certain political reforms, or that such
    assistance was in the national interest of the United States. For text
    of sec. 902, see Legislation on Foreign Relations Through 2000, vol.
    II, sec. D.
        \216\ Sec. 1954(b)(3)(C) of Public Law 104-188 (110 Stat. 1928)
    struck out ``502(a)(4)'' and inserted in lieu thereof ``507(4)''.
    ---------------------------------------------------------------------------
        (b) \217\ Environmental Impact.--The Board of Directors of
    the Corporation shall not vote in favor of any action proposed
    to be taken by the Corporation that is likely to have
    significant adverse environmental impacts that are sensitive,
    diverse, or unprecedented, unless for at least 60 days before
    the date of the vote--
    ---------------------------------------------------------------------------
        \217\ Sec. 3(a) of the Export Enhancement Act of 1999 (Public Law
    106-158; 113 Stat. 1745) redesignated subsec. (b) as subsec. (c), and
    added a new subsec. (b).
    ---------------------------------------------------------------------------
              (1) an environmental impact assessment or initial
            environmental audit, analyzing the environmental
            impacts of the proposed action and of alternatives to
            the proposed action has been completed by the project
            applicant and made available to the Board of Directors;
            and
              (2) such assessment or audit has been made available
            tot he public of the United States, locally affected
            groups in the host country, and host country
            nongovernmental organizations.
        (c) \217\ Public Hearings.--(1) \218\ The Board shall hold
    at least one public hearing each year in order to afford an
    opportunity for any person to present views as to whether the
    Corporation is carrying out its activities in accordance with
    section 231 and this section or whether any investment in a
    particular country should have been or should be extended
    insurance, reinsurance, guarantees, or financing under this
    title.
    ---------------------------------------------------------------------------
        \218\ Sec. 3(a)(3) of the Export Enhancement Act of 1999 (Public
    Law 106-158; 113 Stat. 1745) inserted ``(1)'' before ``The Board'' and
    added a new para. (2).
    ---------------------------------------------------------------------------
        (2) \218\ In conjunction with each meeting of its Board of
    Directors, the Corporation shall hold a public hearing in order
    to afford an opportunity for any person to present views
    regarding the activities of the Corporation. Such views shall
    be made part of the record.
        Sec. 232.\219\ Capital of the Corporation.--The President
    is authorized to pay in as capital of the Corporation, out of
    dollar receipts made available through the appropriation
    process from loans made pursuant to this part and from loans
    made under the Mutual Security Act of 1954, as amended, for the
    fiscal year 1970 not to exceed $20,000,000 and for the fiscal
    year 1971 not to exceed $20,000,000. Upon the payment of such
    capital by the President, the Corporation shall issue an
    equivalent amount of capital stock to the Secretary of the
    Treasury.
    ---------------------------------------------------------------------------
        \219\ 22 U.S.C. 2192. Sec. 232 was added by sec. 105 of the FA Act
    of 1969.
    ---------------------------------------------------------------------------
        Sec. 233.\220\ Organization and Management.--(a) Structure
    of the Corporation.--The Corporation shall have a Board of
    Directors, a President, an Executive Vice President, and such
    other officers and staff as the Board of Directors may
    determine.
    ---------------------------------------------------------------------------
        \220\ 22 U.S.C. 2193. Sec. 233 was added by sec. 105 of the FA Act
    of 1969.
    ---------------------------------------------------------------------------
        (b) Board of Directors.--All powers of the Corporation
    shall vest in and be exercised by or under the authority of its
    Board of Directors (``the Board'') which shall consist of
    fifteen Directors,\221\ including the Chairman, with eight
    Directors \222\ constituting a quorum for the transaction of
    business.\223\ Eight Directors \223\, \224\ shall be
    appointed by the President of the United States, by and with
    the advice and consent of the Senate, and shall not be
    officials or employees of the Government of the United States.
    At least two of the eight Directors \225\ appointed under the
    preceding sentence shall be experienced in small business, one
    in organized labor, and one in cooperatives. Each such Director
    shall be appointed for a term of no more than three years. The
    terms of no more than three such Directors \226\ shall expire
    in any one year. Such Directors shall serve until their
    successors are appointed and qualified and may be reappointed.
    ---------------------------------------------------------------------------
        \221\ The number of Directors was increased from 11 to 15 by sec.
    3(a)(1) of the OPIC Amendments Act of 1981 (Public Law 97-65; 95 Stat.
    1021), effective Oct. 1, 1981.
        \222\ The number of Directors was increased from six to eight by
    sec. 3(a) of the OPIC Amendments Act of 1981 (Public Law 97-65; 95
    Stat. 1021), effective Oct. 1, 1981.
        \223\ Sec. 4(1) of the Export Enhancement Act of 1999 (Public Law
    106-158; 113 Stat. 1746) struck out two sentences at this point that
    designated the Administrator of AID as Chairman of the Board, ex
    officio, and the U.S. Trade Representative or Deputy U.S. Trade
    Representative as Vice Chairman of the Board, ex officio. The second
    sentence, establishing the USTR role, had been added by sec. 3(a)(2) of
    the OPIC Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1021),
    effective Oct. 1, 1981.
        \224\ Sec. 4(2) of the Export Enhancement Act of 1999 (Public Law
    106-158; 113 Stat. 1746) struck out ``(other than the President of the
    Corporation, appointed pursuant to subsection (c) who shall serve as a
    Director ex officio)'' at this point.
        \225\ The number of Directors was increased from one of the six to
    two of the eight by sec. 3(a) of the OPIC Amendments Act of 1981
    (Public Law 97-65; 95 Stat. 1022), effective Oct. 1, 1981.
        \226\ The number of Directors was increased from two to three by
    sec. 3(a)(3) of the OPIC Amendments Act of 1981 (Public Law 97-65; 95
    Stat. 1022), effective Oct. 1, 1981.
    ---------------------------------------------------------------------------
        The other Directors shall be officials of the Government of
    the United States, including the President of the Corporation,
    the Administrator of the Agency for International Development,
    the United States Trade Representative, and \227\ an official
    of the Department of Labor,\228\ designated by and serving at
    the pleasure of the President of the United States. The United
    States Trade Representative may designate a Deputy United
    States Trade Representative to serve on the Board in place of
    the United States Trade Representative.\229\
    ---------------------------------------------------------------------------
        \227\ Sec. 4(3)(A) of the Export Enhancement Act of 1999 (Public
    Law 106-158; 113 Stat. 1746) inserted ``the President of the
    Corporation, the Administrator of the Agency for International
    Development, the United States Trade Representative, and'' after
    ``including''.
        \228\ The reference to an official of the Department of Labor was
    added by sec. 3(b) of the OPIC Amendments Act of 1981 (Public Law 97-
    65; 95 Stat. 1022), effective October 1, 1981.
        \229\ Sec. 4(3)(B) of the Export Enhancement Act of 1999 (Public
    Law 106-158; 113 Stat. 1746) inserted ``The United States Trade
    Representative may designate a Deputy United States Trade
    Representative to serve on the Board in place of the United States
    Trade Representative.''.
    ---------------------------------------------------------------------------
        There shall be a Chairman and a Vice Chairman of the Board,
    both of whom shall be designated by the President of the United
    States from among the Directors of the Board other than those
    appointed under the second sentence of the first paragraph of
    this subsection.\230\
    ---------------------------------------------------------------------------
        \230\ Sec. 4(4) of the Export Enhancement Act of 1999 (Public Law
    106-158; 113 Stat. 1746) added this para.
    ---------------------------------------------------------------------------
        All Directors who are not officers of the Corporation or
    officials of the Government of the United States shall be
    compensated at a rate equivalent to that of level IV of the
    Executive Schedule (5 U.S.C. 5315) \231\ when actually engaged
    in the business of the Corporation and may be paid per diem in
    lieu of subsistence at the applicable rate prescribed in the
    standardized Government travel regulations, as amended, from
    time to time, while away from their homes or usual places of
    business.
    ---------------------------------------------------------------------------
        \231\ The current rate of compensation at level IV of the Executive
    Schedule is $125,700 per annum (Executive Order 13182; 65 F.R. 82879;
    December 23, 2000).
    ---------------------------------------------------------------------------
        (c) President of the Corporation.--The President of the
    Corporation shall be appointed by the President of the United
    States, by and with the advice and consent of the Senate, and
    shall serve at the pleasure of the President. In making such
    appointment, the President shall take into account private
    business experience of the appointee. The President of the
    Corporation shall be its Chief Executive Officer and
    responsible for the operations and management of the
    Corporation, subject to bylaws and policies established by the
    Board.
        (d) Officers and Staff.--The Executive Vice President of
    the Corporation shall be appointed by the President of the
    United States, by and with the advice and consent of the
    Senate, and shall serve at the pleasure of the President. Other
    officers, attorneys, employees, and agents shall be selected
    and appointed by the Corporation, and shall be vested with such
    powers and duties as the Corporation may determine. Of such
    persons employed by the Corporation, not to exceed twenty may
    be appointed, compensated, or removed without regard to the
    civil service laws and regulations: Provided, That under such
    regulations as the President of the United States may
    prescribe, officers and employees of the United States
    Government who are appointed to any of the above positions may
    be entitled, upon removal from such position, except for cause,
    to reinstatement to the position occupied at the time of
    appointment or to a position of comparable grade and salary.
    Such positions shall be in addition to those otherwise
    authorized by law, including those authorized by section 5108
    of title 5 of the United States Code.
        (e) \232\ Investment Advisory Council.--The Board shall
    take prompt measures to increase the loan, guarantee, and
    insurance programs, and financial commitments, of the
    Corporation in sub-Saharan Africa, including through the use of
    an investment advisory council to assist the Board in
    developing and implementing policies, programs, and financial
    instruments with respect to sub-Saharan Africa. In addition,
    the investment advisory council shall make recommendations to
    the Board on how the Corporation can facilitate greater support
    by the United States for trade and investment with and in sub-
    Saharan Africa. The investment advisory council shall terminate
    4 years after the date of the enactment of this subsection.
    ---------------------------------------------------------------------------
        \232\ Sec. 123(c)(1) of the Trade and Development Act of 2000
    (Public Law 106-200; 114 Stat. 269) added subsec. (e). Sec. 123 of that
    Act, furthermore, provided the following:
        ``SEC. 123. OVERSEAS PRIVATE INVESTMENT CORPORATION INITIATIVES.
        ``(a) Initiation of Funds.--It is the sense of the Congress that
    the Overseas Private Investment Corporation should exercise the
    authorities it has to initiate an equity fund or equity funds in
    support of projects in the countries in sub-Saharan Africa, in addition
    to the existing equity fund for sub-Saharan Africa created by the
    Corporation.
        ``(b) Structure and Types of Funds.--
    ---------------------------------------------------------------------------

              ``(1) Structure.--Each fund initiated under subsection (a)
            should be structured as a partnership managed by professional
            private sector fund managers and monitored on a continuing
            basis by the Corporation.
              ``(2) Capitalization.--Each fund should be capitalized with a
            combination of private equity capital, which is not guaranteed
            by the Corporation, and debt for which the Corporation provides
            guaranties.
              ``(3) Infrastructure fund.--One or more of the funds, with
            combined assets of up to $500,000,000, should be used in
            support of infrastructure projects in countries of sub-Saharan
            Africa.
              ``(4) Emphasis.--The Corporation shall ensure that the funds
            are used to provide support in particular to women
            entrepreneurs and to innovative investments that expand
            opportunities for women and maximize employment opportunities
            for poor individuals.
    ---------------------------------------------------------------------------
        (c) Overseas Private Investment Corporation.--
    ---------------------------------------------------------------------------

              ``(1) Investment advisory council.--Section 233 of the
            Foreign Assistance Act of 1961 is amended * * *
              ``(2) Reports to congress.--Within 6 months after the date of
            the enactment of this Act, and annually for each of the 4 years
            thereafter, the Board of Directors of the Overseas Private
            Investment Corporation shall submit to Congress a report on the
            steps that the Board has taken to implement section 233(e) of
            the Foreign Assistance Act of 1961 (as added by paragraph (1))
            and any recommendations of the investment advisory council
            established pursuant to such section.''.
        Sec. 234.\233\ Investment Insurance and Other
    Programs.\234\--The Corporation is hereby authorized to do the
    following:
    ---------------------------------------------------------------------------
        \233\ 22 U.S.C. 2194. Sec. 234 was added by sec. 105 of the FA Act
    of 1969.
        \234\ Sec. 2(2)(A) of the OPIC Amendments Act of 1974 (Public Law
    93-390) inserted section title ``Investment Insurance and Other
    Programs'' in lieu of ``Investment Incentive Programs''.
    ---------------------------------------------------------------------------
        (a) \235\ Investment Insurance.--(1) To issue insurance,
    upon such terms and conditions as the Corporation may
    determine, to eligible investors assuring protection in whole
    or in part against any or all of the following risks with
    respect to projects which the Corporation has approved--
    ---------------------------------------------------------------------------
        \235\ Sec. 5(b)(2) of the OPIC Amendments Act of 1981 (Public Law
    97-65; 95 Stat. 1023) provided:
        ``(2) The authority of the Overseas Private Investment Corporation
    to enter into contracts under section 234(a) of the Foreign Assistance
    Act of 1961 shall be effective for any fiscal year beginning after
    September 30, 1981, only to such extent or in such amounts as are
    provided in appropriation Acts.''.
    ---------------------------------------------------------------------------
              (A) inability to convert into United States dollars
            other currencies, or credits in such currencies,
            received as earnings or profits from the approved
            project, as repayment or return of the investment
            therein, in whole or in part, or as compensation for
            the sale or disposition of all or any part thereof;
              (B) loss of investment, in whole or in part, in the
            approved project due to expropriation or confiscation
            by action of a foreign government;
              (C) loss due to war, revolution, insurrection or
            civil strife; and \236\
    ---------------------------------------------------------------------------
        \236\ The reference to civil strife was added by sec. 4(a)(1) of
    the OPIC Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1022).
    ---------------------------------------------------------------------------
              (D) \237\ loss due to business interruption caused by
            any of the risks set forth in subparagraphs (A), (B),
            and (C).
    ---------------------------------------------------------------------------
        \237\ Sec. 6(a)(1)(D) of the OPIC Amendments Act of 1985 (Public
    Law 99-204; 99 Stat. 1671) added subpar. (D)
    ---------------------------------------------------------------------------
        (2) \238\ Recognizing that major private investments in
    less developed friendly countries or areas are often made by
    enterprises in which there is multinational participation,
    including significant United States private participation, the
    Corporation may make arrangements with foreign governments
    (including agencies, instrumentalities, or political
    subdivisions thereof) or with multilateral organizations and
    institutions for sharing liabilities assumed under investment
    insurance for such investments and may in connection therewith
    issue insurance to investors not otherwise eligible hereunder,
    except that liabilities assumed by the Corporation under the
    authority of this subsection shall be consistent with the
    purposes of this title and that the maximum share of
    liabilities so assumed shall not exceed the proportionate
    participation by eligible investors in the project.\239\
    ---------------------------------------------------------------------------
        \238\ Subsec. (a)(2) was amended by sec. 2(2)(B) of the OPIC
    Amendments Act of 1974 (Public Law 93-390). It formerly read as
    follows: ``(2) Recognizing that major private investments in less
    developed friendly countries in areas are often made by enterprises in
    which there is multinational participation, including significant
    United States private participation, the Corporation may make such
    arrangements with foreign governments (including agencies,
    instrumentalities, or political subdivisions thereof) or with
    multilateral organizations for sharing liabilities assumed under
    investment insurance for such investments and may in connection
    therewith issue insurance to investors not otherwise eligible
    hereunder: Provided, however, That liabilities assumed by the
    Corporation under the authority of this subsection shall be consistent
    with the purposes of this title and that the maximum share of
    liabilities so assumed shall not exceed the proportionate participation
    by eligible investors in the total project financing.''.
        \239\ The words ``total'' and ``financing'', which previously
    appeared immediately before and after the word ``project'', were
    deleted by sec. 4(a)(2) of the OPIC Amendments Act of 1981 (Public Law
    97-65; 95 Stat. 1022).
        Sec. 3(1) of Public Law 95-268 (92 Stat. 214) struck out the
    following words that previously appeared at this point: ``and that the
    maximum share of liabilities so assumed under paragraph (1) (A) and (B)
    of paragraph (1)(C) shall not exceed the Corporation's proportional
    share of such liabilities as specified in paragraph (4) or (5) of this
    subsection.''.
    ---------------------------------------------------------------------------
        (3) Not more than 10 per centum of the maximum contingent
    liability \240\ of investment insurance which the Corporation
    is permitted to have outstanding under section 235(a)(1) \241\
    shall be issued to a single investor.
    ---------------------------------------------------------------------------
        \240\ The words ``maximum contingent liability'' were substituted
    in lieu of ``total face amount'' by sec. 3(2) of Public Law 95-268 (92
    Stat. 214).
        \241\ The words ``permitted to have outstanding under sec.
    235(a)(1)'' were inserted in lieu of the words ``authorized to issue
    under this subsection'' by sec. 4(a)(3) of the OPIC Amendments Act of
    1981 (Public Law 97-65; 95 Stat. 1022).
    ---------------------------------------------------------------------------
        (4) \242\ Before issuing insurance for the first time for
    loss due to business interruption, and in each subsequent
    instance in which a significant expansion is proposed in the
    type of risk to be insured under the definition of ``civil
    strife'' or ``business interruption'', the Corporation shall,
    at least sixty days before such insurance is issued, submit to
    the Committee on Foreign Relations of the Senate and the
    Committee on Foreign Affairs \243\ of the House of
    Representatives a report with respect to such insurance,
    including a thorough analysis of the risks to be covered,
    anticipated losses, and proposed rates and reserves and, in the
    case of insurance for loss due to business interruption, an
    explanation of the underwriting basis upon which the insurance
    is to be offered. Any such report with respect to insurance for
    loss due to business interruption shall be considered in
    accordance with the procedures applicable to reprogramming
    notifications pursuant to section 634A of this Act.\244\
    ---------------------------------------------------------------------------
        \242\ Pars. (4) through (7), which had been added by the OPIC
    Amendments Act of 1974 (Public Law 93-390) and had appeared at this
    point, were struck by sec. 3(3) of Public Law 95-268 (92 Stat. 214).
    This new par. (4) was added by sec. 4(a)(4) of the OPIC Amendments Act
    of 1981 (Public Law 97-65; 95 Stat. 1022). Subsequently, sec.
    6(a)(2)(A) and (B) of the OPIC Amendments Act of 1985 (Public Law 99-
    204; 99 Stat. 1671) inserted ``insurance for the first time loss due to
    business interruption'' in lieu of ``civil strife insurance for the
    first time'' and replaced ``definition of civil strife'' with
    ``definition of `civil strife' or `business interruption'''.
        \243\ 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.
        \244\ Sec. 6(a)(2) (C) and (D) of the OPIC Amendments Act of 1985
    (Public Law 99-204; 99 Stat. 1671) added the text from the word
    ``reserves'' to the end of para. (4).
    ---------------------------------------------------------------------------
        (b) Investment Guaranties.--To issue to eligible investors
    guaranties of loans and other investments made by such
    investors assuring against loss due to such risks and upon such
    terms and conditions as the Corporation may determine:
    Provided, however, That such guaranties on other than loan
    investments shall not exceed 75 per centum of such investment:
    Provided further, That except for loan investments for credit
    unions made by eligible credit unions or credit union
    associations, the aggregate amount of investment (exclusive of
    interest and earnings) so guaranteed with respect to any
    project shall not exceed, at the time of issuance of any such
    guaranty, 75 per centum of the total investment committed to
    any such project as determined by the Corporation, which
    determination shall be conclusive for purposes of the
    Corporation's authority to issue any such guaranty: Provided
    further, That not more than 15 \245\ per centum of the maximum
    contingent liability of investment guaranties which the
    Corporation is permitted to have outstanding under section
    235(a)(2) \246\ shall be issued to a single investor.
    ---------------------------------------------------------------------------
        \245\ Sec. 7 of the OPIC Amendments Act of 1985 (Public Law 99-204;
    99 Stat. 1672) changed the per centum from 10 to 15.
        \246\ The words ``permitted to have outstanding under section
    235(a)(2)'' were inserted in lieu of the words ``authorized to issue
    under this subsection'' by sec. 4(b) of the OPIC Amendments Act of 1981
    (Public Law 97-65; 95 Stat. 1022).
    ---------------------------------------------------------------------------
        (c) Direct Investment.--To make loans in United States
    dollars repayable in dollars or loans in foreign currencies
    (including, without regard to section 1415 of the Supplemental
    Appropriation Act, 1953, such foreign currencies which the
    Secretary of the Treasury may determine to be excess to the
    normal requirements of the United States and the Director of
    the Bureau of the Budget may allocate) to firms privately owned
    or of mixed private and public ownership upon such terms and
    conditions as the Corporation may determine.\247\ Loans may be
    made under this subsection only for projects that are sponsored
    by or significantly involve United States small business or
    cooperatives.\248\
    ---------------------------------------------------------------------------
        \247\ Sec. 104 of the OPIC Amendments Act of 1988, S. 2757, enacted
    into law by reference in the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1989 (Public Law 100-461; 102
    Stat. 2268), struck out the following which previously appeared at this
    point: ``The Corporation may not purchase or invest in any stock in any
    other corporation, except that it may (1) accept as evidence of
    indebtedness debt securities convertible to stock, but such debt
    securities shall not be converted to stock while held by the
    Corporation, and (2) acquire stock through the enforcement of any lien
    or pledge or otherwise to satisfy a previously contracted indebtedness
    which would otherwise be in default, or as the result of any payment
    under any contract of insurance or guaranty. The Corporation shall
    dispose of any stock it may so acquire as soon as reasonably feasible
    under the circumstances then pertaining.''.
        \248\ This sentence was added by sec. 3(4) of Public Law 95-268 (92
    Stat. 214).
    ---------------------------------------------------------------------------
        The Corporation may designate up to 25 percent of any loan
    under this subsection for use in the development or adaptation
    in the United States of new technologies or new products or
    services that are to be used in the project for which the loan
    is made and are likely to contribute to the economic or social
    development of less developed countries.\249\
    ---------------------------------------------------------------------------
        \249\ This paragraph was added by sec. 103 of the OPIC Amendments
    Act of 1988, S. 2757, enacted into law by reference in the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1989 (Public Law 100-461; 102 Stat. 2268).
    ---------------------------------------------------------------------------
        No loan may be made under this subsection to finance any
    operation for the extraction of oil or gas. The aggregate
    amount of loans under this subsection to finance operations for
    the mining or other extraction of any deposit of ore or other
    nonfuel minerals may not in any fiscal year exceed
    $4,000,000.\250\
    ---------------------------------------------------------------------------
        \250\ Sec. 3(5) of Public Law 95-268 (92 Stat. 214) inserted this
    paragraph in lieu of the following:
        ``No loans shall be made under this section to finance operations
    for mining or other extraction of any deposit of ore, oil, gas, or
    other mineral.''.
    ---------------------------------------------------------------------------
        (d) Investment Encouragement.--To initiate and support
    through financial participation, incentive grant, or otherwise,
    and on such terms and conditions as the Corporation may
    determine, the identification, assessment, surveying and
    promotion of private investment opportunities, utilizing
    wherever feasible and effective the facilities of private
    investors, except that--
              (1) the Corporation shall not finance any survey to
            ascertain the existence, location, extent, or quality
            of, or to determine the feasibility of undertaking
            operations for the extraction of, oil or gas; and
              (2) expenditures financed by the Corporation during
            any fiscal year on surveys to ascertain the existence,
            location, extent, or quality of, or to determine the
            feasibility of undertaking operations for the
            extraction of nonfuel minerals may not exceed
            $200,000.\251\
    ---------------------------------------------------------------------------
        \251\ Sec. 3(6) of Public Law 95-268 (92 Stat. 214) struck out a
    proviso clause in subsec. (d) and added the words to this point
    beginning with ``, except that--''.
    ---------------------------------------------------------------------------
        (e) Special Activities.--To administer and manage special
    projects and programs, including programs of financial and
    advisory support which provide private technical, professional,
    or managerial assistance in the development of human resources,
    skills, technology, capital savings and intermediate financial
    and investment institutions and cooperatives and including the
    initiation of incentives, grants, and studies for renewable
    energy and other small business activities.\252\ The funds for
    these projects and programs may, with the Corporation's
    concurrence, be transferred to it for such purposes under the
    authority of section 632(a) or from other sources, public or
    private. Administrative funds may not be made available for
    incentives, grants, and studies for renewable energy and other
    small business activities.\253\
    ---------------------------------------------------------------------------
        \252\ Section 8(c) of the Renewable Energy and Energy Efficiency
    Technology Competitiveness Act of 1989 (Public Law 101-218; 103 Stat.
    1868) added text to the end of the sentence from ``and including''.
        \253\ Section 8(c) of the Renewable Energy and Energy Efficiency
    Technology Competitiveness Act of 1989 (Public Law 101-218; 103 Stat.
    1868) added the last sentence.
    ---------------------------------------------------------------------------
        (f) \254\ Other Insurance Functions.--(1) To make and carry
    out contracts of insurance or reinsurance, or agreements to
    associate or share risks, with insurance companies, financial
    institutions, any other persons, or groups thereof, and
    employing the same where appropriate, as its agent, or acting
    as their agent, in the issuance and servicing of insurance, the
    adjustment of claims, the exercise of subrogation rights, the
    ceding and accepting of reinsurance, and in any other matter
    incident to an insurance business; except that such agreements
    and contracts shall be consistent with the purposes of the
    Corporation set forth in section 231 of this Act and shall be
    on equitable terms.\255\
    ---------------------------------------------------------------------------
        \254\ Subsec. (f) was added by sec. 2(2)(D) of the OPIC Amendments
    Act of 1974 (Public Law 93-390).
        \255\ The words to this point beginning with ``; except that such
    agreements'' were added by sec. 3(6) of Public Law 95-268 (92 Stat.
    214). Subsequently, sec. 4(b)(2) of the OPIC Amendments Act of 1981
    (Public Law 97-65; 95 Stat. 1022) struck out the following text, as
    added by sec. 3(6) of Public Law 95-268: ``and (B) the Corporation
    shall not make or carry out any association or risk-sharing agreement
    for the direct underwriting of insurance by the Corporation with
    others, other than on an individual basis where such direct
    underwriting facilitates the purposes of the Corporation as set forth
    in section 231 of this Act.''.
    ---------------------------------------------------------------------------
        (2) To enter into pooling or other risk-sharing agreements
    with \256\ multinational insurance or financing agencies or
    groups of such agencies.
    ---------------------------------------------------------------------------
        \256\ Sec. 8 of the OPIC Amendments Act of 1985 (Public Law 99-204;
    99 Stat. 1672) deleted the words ``other national or'' which previously
    appeared at this point.
    ---------------------------------------------------------------------------
        (3) To hold an ownership interest in any association or
    other entity established for the purposes of sharing risks
    under investment insurance.
        (4) To issue, upon such terms and conditions as it may
    determine, reinsurance of liabilities assumed by other insurers
    or groups thereof in respect of risks referred to in subsection
    (a)(1).
        The amount of reinsurance of liabilities under this title
    which the Corporation may issue shall not \257\ in the
    aggregate exceed at any one time an amount equal to the amount
    authorized for the maximum contingent liability outstanding at
    any one time under section 235(a)(1). All reinsurance issued by
    the Corporation under this subsection shall require that the
    reinsured party retain for his own account specified portions
    of liability, whether first loss or otherwise.\258\,
    \259\
    ---------------------------------------------------------------------------
        \257\ The words ``exceed $600,000,000 in any one year, and the
    amount of such reinsurance shall not'', which previously appeared at
    this point, were struck out by sec. 4(b)(3)(A) of the OPIC Amendments
    Act of 1981 (Public Law 97-65; 95 Stat. 1022).
        \258\ The phrase ``and the Corporation shall endeavor to increase
    such specified portions to the maximum extent possible'', which
    previously appeared at this point, was struck out by sec. 4(b)(3)(B) of
    the OPIC Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1022).
        \259\ Sec. 104 of the OPIC Amendments Act of 1988, S. 2757, enacted
    into law by reference in the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1989 (Public Law 100-461; 102
    Stat. 2268), struck out the first sentence of this paragraph. It
    formerly read: ``The authority granted by paragraph (3) may be
    exercised notwithstanding the prohibition under subsection (c) against
    the Corporation purchasing or investing in any stock in any other
    corporation.''.
    ---------------------------------------------------------------------------
        (g) \260\ Pilot Equity Finance Program.--
    ---------------------------------------------------------------------------
        \260\ Subsec. (g) was added by sec. 104(3) of the OPIC Amendments
    Act of 1988, S. 2757, enacted into law by reference in the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1989 (Public Law 100-461; 102 Stat. 2268).
        Sec. 6001(1) of Public Law 106-31 (113 Stat. 113) struck out para.
    (c) within subsec. (g), which had provided as follows:
        ``(c) Creation of Fund for Acquisition of Equity.--The Corporation
    is authorized to establish a revolving fund to be available solely for
    the purposes specified in this subsection and to make transfers to the
    fund of a total of $10,000,000 (less amounts transferred to the fund
    before the date of the enactment of the Jobs Through Exports Act of
    1992) from its noncredit account revolving fund. The Corporation shall
    transfer to the fund in each fiscal year all amounts received by the
    Corporation during the preceding fiscal year as income on securities
    acquired under this subsection, and from the proceeds on the
    disposition of such securities. Purchases of, investments in, and other
    acquisitions of equity from the fund are authorized for any fiscal year
    only to the extent or in such amounts as are provided in advance in
    appropriations Acts or are transferred to the Corporation pursuant to
    section 632(a) of this Act.''.
        Previously the paragraph was amended and restated by sec. 103 of
    the Jobs Through Exports Act of 1992 (Public Law 102-549; 106 Stat.
    3651).
    ---------------------------------------------------------------------------
              (1) Authority for pilot program.--In order to study
            the feasibility and desirability of a program of equity
            financing, the Corporation is authorized to establish a
            4-year pilot program under which it may, on the limited
            basis prescribed in paragraphs (2) through (5),
            purchase, invest in, or otherwise acquire equity or
            quasi-equity securities of any firm or entity, upon
            such terms and conditions as the Corporation may
            determine, for the purpose of providing capital for any
            project which is consistent with the provisions of this
            title except that--
                      (A) the aggregate amount of the Corporation's
                    equity investment with respect to any project
                    shall not exceed 30 percent of the aggregate
                    amount of all equity investment made with
                    respect to such project at the time that the
                    Corporation's equity investment is made, except
                    for securities acquired through the enforcement
                    of any lien, pledge, or contractual arrangement
                    as a result of a default by any party under any
                    agreement relating to the terms of the
                    Corporation's investment; and
                      (B) the Corporation's equity investment under
                    this subsection with respect to any project,
                    when added to any other investments made or
                    guaranteed by the Corporation under subsection
                    (b) or (c) with respect to such project, shall
                    not cause the aggregate amount of all such
                    investment to exceed, at the time any such
                    investment is made or guaranteed by the
                    Corporation, 75 percent of the total investment
                    committed to such project as determined by the
                    Corporation.
    The determination of the Corporation under subparagraph (B)
    shall be conclusive for purposes of the Corporation's authority
    to make or guarantee any such investment.
              (2) \261\ Equity authority limited to projects in
            sub-saharan africa and caribbean basin and marine
            transportation projects globally.--Equity investments
            may be made under this subsection only in projects in
            countries eligible for financing under this title that
            are countries in sub-Saharan Africa or countries
            designated as beneficiary countries under section 212
            of the Caribbean Basin Economy Recovery Act \262\ and
            in marine transportation projects in countries and
            areas eligible for OPIC support worldwide using United
            States commercial maritime expertise.\263\
    ---------------------------------------------------------------------------
        \261\ Sec. 6001(2) of Public Law 106-31 (113 Stat. 113) struck out
    ``Limitation to projects in sub-saharan africa and caribbean basin''
    and inserted in lieu thereof ``Equity authority limited to projects in
    sub-saharan africa and caribbean basin and marine transportation
    projects globally''.
        \262\ Should read ``Caribbean Basin Economic Recovery Act''; see
    Legislation on Foreign Relations Through 2000, vol. III, sec. J.
        \263\ Sec. 6001(2) of Public Law 106-31 (113 Stat. 113) inserted
    ``and in marine transportation projects in countries and areas eligible
    for OPIC support worldwide using United States commercial maritime
    expertise'' at the end of the sentence.
    ---------------------------------------------------------------------------
              (3) Additional criteria.--In making investment
            decisions under this subsection, the Corporation shall
            give preferential consideration to projects sponsored
            by or significantly involving United States small
            business or cooperatives. The Corporation shall also
            consider the extent to which the Corporation's equity
            investment will assist in obtaining the financing
            required for the project.
              (4) Disposition of equity interest.--Taking into
            consideration, among other things, the Corporations'
            financial interests and the desirability of fostering
            the development of local capital markets in less
            developed countries, the Corporation shall endeavor to
            dispose of any equity interest it may acquire under
            this subsection within a period of 10 years from the
            date of acquisition of such interest.
              (5) \264\ Implementation.--To the extent provided in
            advance in appropriations Acts, the Corporation is
            authorized to create such legal vehicles as may be
            necessary for implementation of its authorities, which
            legal vehicles may be deemed non-Federal borrowers for
            purposes of the Federal Credit Reform Act of 1990.
            Income and proceeds of investments made pursuant to
            this section 234(g) may be used to purchase equity or
            quasi-equity securities in accordance with the
            provisions of this section: Provided, however, That
            such purchases shall not be limited to the 4-year
            period of the pilot program: Provided further, That the
            limitations contained in section 234(g)(2) shall not
            apply to such purchases.
    ---------------------------------------------------------------------------
        \264\ Sec. 6001(3) of Public Law 106-31 (113 Stat. 113) added para.
    (5).
    ---------------------------------------------------------------------------
              (6) Consultations with congress.--The Corporation
            shall consult annually with the Committee on Foreign
            Affairs \265\ of the House of Representatives and the
            Committee on Foreign Relations of the Senate on the
            implementation of the pilot equity finance program
            established under this subsection.
    ---------------------------------------------------------------------------
        \265\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
        Sec. 234A.\266\ Enhancing Private Political Risk Insurance
    Industry.
    ---------------------------------------------------------------------------
        \266\ 22 U.S.C. 2194b. Sec. 234A was amended by sec. 105 of the
    OPIC Amendments Act of 1988, S. 2757, enacted into law by reference in
    the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268). First
    added by sec. 9 of the OPIC Amendments Act of 1985 (Public Law 99-204;
    99 Stat. 672), it formerly read as follows:
        ``In order to encourage greater availability of political risk
    insurance for eligible investors, the Corporation shall establish, not
    later than one year after the date of the enactment of the Overseas
    Private Investment Corporation Amendments Act of 1985, a pilot program
    of facultative reinsurance. The program shall provide reinsurance to
    insurance companies, financial institutions, other persons, or groups
    thereof, with respect to insurance issued by such companies,
    institutions, persons, or groups for new investments, and expansions of
    existing investments, by eligible investors, in excess of limits which
    the Corporation would otherwise normally apply for its exposure to such
    investments. Contracts of reinsurance issued under the program shall be
    on equitable terms. The program, and any project covered by reinsurance
    under the program, shall be consistent with the provisions of this
    title.
        ``(b) Persons Eligible for the Program.--An insurance company,
    financial institution, or other person shall be eligible to participate
    in the facultative reinsurance program established under subsection (a)
    if that company, institution, or other person is an eligible investor
    under this title. The Corporation shall take steps to encourage
    equitable participation in the program by all eligible persons.
        ``(c) Maximum Exposure.--The exposure of the Corporation under the
    facultative reinsurance program at any one time may not exceed
    $150,000,000 or, with respect to one country, $50,000,000.
        ``(d) Advisory Group.--
    ---------------------------------------------------------------------------

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

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

              ``(2) Functions.--The advisory group shall advise the
            Corporation on the development and implementation of the
            facultative reinsurance program under this section, including
            ways to ensure equitable participation in the program by all
            eligible persons.
              ``(3) Meetings.--The advisory group shall meet not later than
            one hundred and eighty days after the date of the enactment of
            the Overseas Private Investment Corporation Amendments Act of
            1985, and not less than once in every one hundred and eighty-
            day period thereafter.
              ``(4) Federal Advisory Committee Act.--The advisory group
            shall not be subject to the Federal Advisory Committee Act (5
            U.S.C. App.).
    ---------------------------------------------------------------------------
        ``(e) Report to the Congress.--The Corporation shall, not later
    than eighteen months after the date of the enactment of the Overseas
    Private Investment Corporation Amendments Act of 1985, submit to the
    Committee on Foreign Affairs of the House of Representatives and the
    Committee on Foreign Relations of the Senate a report on the
    implementation of the facultative reinsurance program established under
    subsection (a).''.
    ---------------------------------------------------------------------------
        (a) Cooperative Programs.--In order to encourage greater
    availability of political risk insurance for eligible investors
    by enhancing the private political risk insurance industry in
    the United States, and to the extent consistent with this
    title, the Corporation shall under take programs of cooperation
    with such industry, and in connection with such programs may
    engage in the following activities:
              (1) Utilizing its statutory authorities, encourage
            the development of associations, pools, or consortia of
            United States private political risk insurers.
              (2) Share insurance risks (through coinsurance,
            contingent insurance, or other means) in a manner that
            is conducive to the growth and development of the
            private political risk insurance industry in the United
            States.
              (3) Notwithstanding section 237(e), upon the
            expiration of insurance provided by the Corporation for
            an investment, enter into risk-sharing agreements with
            United States private political risk insurers to insure
            any such investment; except that, in cooperating in the
            offering of insurance under this paragraph, the
            Corporation shall not assume responsibility for more
            than 50 percent of the insurance being offered in each
            separate transaction.
        (b) Advisory Group.--
              (1) Establishment and membership.--The Corporation
            shall establish a group to advise the Corporation on
            the development and implementation of the cooperative
            programs under this section. The group shall be
            appointed by the Board and shall be composed of up to
            12 members, including the following:
                      (A) Up to seven persons from the private
                    political risk insurance industry, of whom no
                    fewer than two shall represent private
                    political risk insurers, one shall represent
                    private political risk reinsurers, and one
                    shall represent insurance or reinsurance
                    brokerage firms.
                      (B) Up to four persons, other than persons
                    described in subparagraph (A), who are
                    purchasers of political risk insurance.
              (2) Functions.--The Corporation shall call upon
            members of the advisory group, either collectively or
            individually, to advise it regarding the capability of
            the private political risk insurance industry to meet
            the political risk insurance needs of United States
            investors, and regarding the development of cooperative
            programs to enhance such capability.
              (3) Meetings.--The advisory group shall meet not
            later than September 30, 1989, and at least annually
            thereafter. The Corporation may from time to time
            convene meetings of selected members of the advisory
            group to address particular questions requiring their
            specialized knowledge.
              (4) Federal advisory committee act.--The advisory
            group shall not be subject to the Federal Advisory
            Committee Act (5 U.S.C. App.).
        Sec. 235.\267\ Issuing Authority, Direct Investment
    Authority and Reserves.--
    ---------------------------------------------------------------------------
        \267\ 22 U.S.C. 2195. Sec. 235 was added by sec. 105 of the FA Act
    of 1969, originally as ``Issuing Authority, Direct Investment Fund and
    Reserves''. Sec. 104(a)(1) of the Jobs Through Exports Act of 1992
    (Public Law 102-549; 106 Stat. 3651) struck out ``Fund'' in section
    caption, and inserted in lieu thereof ``Authority''.
    ---------------------------------------------------------------------------
        (a) \268\  Issuing Authority.--
    ---------------------------------------------------------------------------
        \268\ Sec. 104(a)(2) of the Jobs Through Exports Act of 1992
    (Public Law 102-549; 106 Stat. 3651) amended and restated subsec. (a),
    and par. (3) of that subsec. repealed subsec. (b), which formerly
    established the Direct Investment Fund.
        Sec. 581(a) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
    Stat. 2435), amended and restated para. (1) of subsec. (a), struck out
    para. (2)(A), and redesignated para. (3) as para. (2). Paras. (1) and
    (2), as amended, formerly read as follows:
        ``(1) Insurance.--The maximum contingent liability outstanding at
    any one time pursuant to insurance issued under section 234(a) shall
    not exceed in the aggregate $13,500,000,000.
        ``(2) Financing.--(A) The maximum contingent liability outstanding
    at any one time pursuant to financing issued under subsections (b) and
    (c) of section 234 shall not exceed in the aggregate $9,500,000,000.''.
    ---------------------------------------------------------------------------
              (1) Insurance and financing.--(A) The maximum
            contingent liability outstanding at any one time
            pursuant to insurance issued under section 234(a), and
            the amount of financing issued under sections 234(b)
            and (c), shall not exceed in the aggregate
            $29,000,000,000.
              (B) Subject to spending authority provided in
            appropriations Acts pursuant to section 504(b) of the
            Federal Credit Reform Act of 1990, the Corporation is
            authorized to transfer such sums as are necessary from
            its noncredit activities to pay for the subsidy cost of
            the investment guaranties and direct loan programs
            under subsections (b) and (c) of section 234.
              (2) Termination of authority.--The authority of
            subsections (a), (b), and (c) \269\ of section 234
            shall continue until September 30, 2003.\270\
    ---------------------------------------------------------------------------
        \269\ Sec. 581(b) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
    Stat. 2435), struck out ``(a) and (b)'' and inserted in lieu thereof
    ``(a), (b), and (c)''.
        \270\ Sec. 4(2) of Public Law 95-268 (92 Stat. 214) extended the
    authority from Dec. 31, 1977, to Sept. 30, 1981. This date was further
    extended to Sept. 30, 1985, by sec. 5(b)(1) of the OPIC Amendments Act
    of 1981 (Public Law 97-65; 95 Stat. 1023). Sec. 10 of the OPIC
    Amendments Act of 1985 (Public Law 99-204; 99 Stat. 1673), further
    extended the date from Sept. 30, 1985 to Sept. 30, 1988. Sec. 107 of
    the OPIC Amendments Act of 1988, H.R. 5263, enacted into law by
    reference in the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268)
    extended the date from Sept. 30, 1988 to Sept. 30, 1992. Sec. 104(a)(2)
    of the Jobs Through Exports Act of 1992 (Public Law 102-549; 106 Stat.
    3651) amended and restated subsec. (a), extending the issuing authority
    from September 30, 1992 to September 30, 1994. The authority was
    extended again from Sept, 30, 1994 to Sept. 30, 1996 by sec. 103 of the
    Jobs Through Trade Expansion Act of 1994 (Public Law 103-392; 108 Stat.
    4098). Title I of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1997 (enacted as sec. 101(c) of title I of
    the Omnibus Consolidated Appropriations Act, 1997; Public Law 104-208;
    110 Stat. 3009) extended the date from September 30, 1996, to September
    30, 1997. Sec. 581(a)(3) of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
    Stat. 2435) extended the date from September 30, 1997, to September 30,
    1999. Sec. 2 of the Export Enhancement Act of 1999 (Public Law 106-158;
    113 Stat. 1745) extended the date from September 30, 1999, to September
    30, 2003. Sec. 599E of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by
    reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535),
    struck out ``1999'' and inserted in lieu thereof ``November 1, 2000'',
    an amendment made unexecutable by the amendment executed pursuant to
    Public Law 106-158.
        Title I of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October
    24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429;
    114 Stat. 1900), provided the following:
    ---------------------------------------------------------------------------

                   ``OVERSEAS PRIVATE INVESTMENT CORPORATION

                              ``NONCREDIT ACCOUNT
    ---------------------------------------------------------------------------
        ``The Overseas Private Investment Corporation is authorized to
    make, without regard to fiscal year limitations, as provided by 31
    U.S.C. 9104, such expenditures and commitments within the limits of
    funds available to it and in accordance with law as may be necessary:
    Provided, That the amount available for administrative expenses to
    carry out the credit and insurance programs (including an amount for
    official reception and representation expenses which shall not exceed
    $35,000) shall not exceed $38,000,000: Provided further, That project-
    specific transaction costs, including direct and indirect costs
    incurred in claims settlements, and other direct costs associated with
    services provided to specific investors or potential investors pursuant
    to section 234 of the Foreign Assistance Act of 1961, shall not be
    considered administrative expenses for the purposes of this heading.
    ---------------------------------------------------------------------------

                               ``PROGRAM ACCOUNT
    ---------------------------------------------------------------------------
        ``For the cost of direct and guaranteed loans, $24,000,000, as
    authorized by section 234 of the Foreign Assistance Act of 1961 to be
    derived by transfer from the Overseas Private Investment Corporation
    noncredit account: Provided, That such costs, including the cost of
    modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974: Provided further, That such sums
    shall be available for direct loan obligations and loan guaranty
    commitments incurred or made during fiscal years 2001 and 2002:
    Provided further, That such sums shall remain available through fiscal
    year 2010 for the disbursement of direct and guaranteed loans obligated
    in fiscal years 2001 and 2002: Provided further, That in addition, such
    sums as may be necessary for administrative expenses to carry out the
    credit program may be derived from amounts available for administrative
    expenses to carry out the credit and insurance programs in the Overseas
    Private Investment Corporation Noncredit Account and merged with said
    account.''.
        See also sec. 513 of that Act, relating to commerce and trade, and
    sec. 534, relating to compliance with U.N. sanctions against Iraq.
    ---------------------------------------------------------------------------
        (b) \268\ * * * [Repealed--1992]
        (c) There shall be established in the Treasury of the
    United States an insurance and guaranty fund, which shall have
    separate accounts to be known as the Insurance Reserve and the
    Guaranty Reserve, which reserves shall be available for
    discharge of liabilities, as provided in subsection (d) of this
    section \271\ until such time as all such liabilities have been
    discharged or have expired or until all such reserves have been
    expended in accordance with the provisions of this section.
    Such fund shall be funded by: (1) the funds heretofore
    available to discharge liabilities under predecessor guaranty
    authority (including housing guaranty authorities), less both
    the amount made available for housing guaranty programs
    pursuant to section 223(b) and the amount made available to the
    Corporation pursuant to subsection (e) of this section \271\
    and (2) such sums as shall be appropriated pursuant to
    subsection (f) of this section for such purposes. The
    allocation of such funds to each such reserve shall be
    determined by the Board after consultation with the Secretary
    of the Treasury. Additional amounts may thereafter be
    transferred to such reserves pursuant to section 236.
    ---------------------------------------------------------------------------
        \271\ Sec. 17(b) of the OPIC Amendments Act of 1985 (Public Law 99-
    204; 99 Stat. 1676) replaced references to ``section 234(e)'' and
    ``section 235(f)'' with references to ``subsection (e)'', or
    ``subsection (j)'', ``of this section'', and references to ``section
    235(d)'' with ``subsection (d) of this section''.
    ---------------------------------------------------------------------------
        (d) Any payment made to discharge liabilities under
    investment insurance or reinsurance issued under section 234
    \272\ under similar predecessor guaranty authority or under
    section 234A,\272\ shall be paid first out of the Insurance
    Reserve, as long as such reserve remains available, and
    thereafter out of funds made available pursuant to subsection
    (f) of this section. Any payments made to discharge liabilities
    under guaranties issued under section 234(b) or under similar
    predecessor guaranty authority shall be paid first out of the
    Guaranty Reserve as long as such reserve remains available, and
    thereafter out of funds made available pursuant to subsection
    (f) of this section.\271\
    ---------------------------------------------------------------------------
        \272\ Sec. 2(3)(B) of the OPIC Amendments Act of 1974 (Public Law
    93-390) substituted ``insurance or reinsurance issued under section
    234'' in lieu of ``insurance issued under section 234(a)''.
        The reference to sec. 234A was added by sec. 9(b) of the OPIC
    Amendments Act of 1985 (Public Law 99-204; 99 Stat. 1672).
    ---------------------------------------------------------------------------
        (e) There is hereby authorized to be transferred to the
    Corporation at its call, for the purposes specified in section
    236, all fees and other revenues collected under predecessor
    guaranty authority from December 31, 1968, available as of the
    date of such transfer.
        (f) \273\ There are authorized to be appropriated to the
    Corporation, to remain available until expended, such amounts
    as may be necessary from time to time to replenish or increase
    the insurance and guaranty fund, to discharge the liabilities
    under insurance, reinsurance, or guaranties issued by the
    Corporation or issued under predecessor guaranty authority, or
    to discharge obligations of the Corporation purchased by the
    Secretary of the Treasury pursuant to this subsection. However,
    no appropriations shall be made to augment the Insurance
    Reserve until the amount of funds in the Insurance Reserve is
    less than $25,000,000. Any appropriations to augment the
    Insurance Reserve shall then only be made either pursuant to
    specific authorization enacted after the date of enactment of
    the Overseas Private Investment Corporation Amendments Act of
    1974, or to satisfy the full faith and credit provision of
    section 237(c). In order to discharge liabilities under
    investment insurance or reinsurance, the Corporation is
    authorized to issue from time to time for purchase by the
    Secretary of the Treasury its notes, debentures, bonds, or
    other obligations; but the aggregate amount of such obligations
    outstanding at any one time shall not exceed $100,000,000. Any
    such obligation shall be repaid to the Treasury within one year
    after the date of issue of such obligation. Any such obligation
    shall bear interest at a rate determined by the Secretary of
    the Treasury, taking into consideration the current average
    market yield on outstanding marketable obligations of the
    United States of comparable maturities during the month
    preceding the issuance of any obligation authorized by this
    subsection. The Secretary of the Treasury shall purchase any
    obligation of the Corporation issued under this subsection, and
    for such purchase he may use as a public debt transaction the
    proceeds of the sale of any securities issued under the Second
    Liberty Bond Act after the date of enactment of the Overseas
    Private Investment Corporation Amendments Act of 1974. The
    purpose for which securities may be issued under such Bond Act
    shall include any such purchase.
    ---------------------------------------------------------------------------
        \273\ Subsec. (f) was amended by sec. 2(3)(C) of the OPIC
    Amendments Act of 1974 (Public Law 93-390). It formerly read as
    follows: ``(f) There is hereby authorized to be appropriated to the
    Corporation, to remain available until expended, such amounts as may be
    necessary from time to time to replenish or increase the insurance and
    guaranty fund or to discharge the liabilities under insurance and
    guaranties issued by the Corporation or issued under predecessor
    guaranty authority.''.
        Sec. 104(b) of the Jobs Through Exports Act of 1992 (Public Law
    102-549; 106 Stat. 3652) had added subsec. (g), which authorized the
    Corporation to draw form its noncredit account revolving fund
    $8,128,000 for fiscal year 1993 and $11,000,000 for fiscal year 1994
    for administrative expenses. Subsec. (g) was struck out by sec. 104 of
    Public Law 103-392 (108 Stat. 4098).
    ---------------------------------------------------------------------------
        Sec. 236.\274\ Income and Revenues.--In order to carry out
    the purposes of the Corporation, all revenues and income
    transferred to or earned by the Corporation, from whatever
    source derived, shall be held by the Corporation and shall be
    available to carry out its purposes, including without
    limitation--
    ---------------------------------------------------------------------------
        \274\ 22 U.S.C. 2196. Sec. 236 was added by sec. 105 of the FA Act
    of 1969.
    ---------------------------------------------------------------------------
              (a) payment of all expenses of the Corporation,
            including investment promotion expenses;
              (b) transfers and additions to the insurance or
            guaranty reserves, the Direct Investment Fund
            established pursuant to section 235, and such other
            funds or reserves as the Corporation may establish, at
            such time and in such amounts as the Board may
            determine; and
              (c) payment of dividends, on capital stock, which
            shall consist of and be paid from net earnings of the
            Corporation after payments, transfers, and additions
            under subsections (a) and (b) hereof.
        Sec. 237.\275\ General Provisions Relating to Insurance
    Guaranty, and Financing Program.--(a) Insurance guaranties, and
    reinsurance \276\ issued under this title shall cover
    investment made in connection with projects in any less
    developed friendly country or area with the government to which
    the President of the United States has agreed to institute a
    program for insurance, guaranties, or reinsurance.\276\
    ---------------------------------------------------------------------------
        \275\ 22 U.S.C. 2197. Sec. 237 was added by Sec. 105 of the FA Act
    of 1969.
        Sec. 110(c) of the OPIC Amendments Act of 1988, S. 2757, enacted
    into law by reference in the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1989 (Public Law 100-461; 102
    Stat. 2268) struck ``and Guaranty'' and inserted ''Guaranty, and
    Financing''.
        \276\ Sec. 2(4) of the OPIC Amendments Act of 1974 (Public Law 93-
    390) added the reference to reinsurance.
    ---------------------------------------------------------------------------
        (b) The Corporation shall determine that suitable
    arrangements exist for protecting the interest of the
    Corporation in connection with any insurance, guaranty or
    reinsurance \276\ issued under this title, including
    arrangements concerning ownership, use, and disposition of the
    currency, credits, assets, or investments on account of which
    payment under such insurance, guaranty, or reinsurance \276\ is
    to be made, and right, title, claim, or cause of action
    existing in connection therewith.
        (c) All guaranties issued prior to July 1, 1956, all
    guaranties issued under sections 202(b) and 413(b) of the
    Mutual Security Act of 1954, as amended, all guaranties
    heretofore issued pursuant to prior guaranty authorities
    repealed by the Foreign Assistance Act of 1969, and all
    insurance, reinsurance,\276\ and guaranties issued pursuant to
    this title shall constitute obligations, in accordance with the
    terms of such insurance, reinsurance,\276\ or guaranties, of
    the United States of America and the full faith and credit of
    the United States of America is hereby pledged for the full
    payment and performance of such obligations.
        (d) \277\ Fees.--
    ---------------------------------------------------------------------------
        \277\ Sec. 105(a) of the Jobs Through Exports Act of 1992 (Public
    Law 102-549; 106 Stat. 3652) amended and restated subsec. (d).
    Previously it had been amended and restated by sec. 2(4)(D) of the OPIC
    Amendments Act of 1974 (Public Law 93-390).
    ---------------------------------------------------------------------------
              (1) In general.--Fees may be charged for providing
            insurance, reinsurance, financing, and other services
            under this title in amounts to be determined by the
            Corporation. In the event fees charged for insurance,
            reinsurance, financing, or other services are reduced,
            fees to be paid under existing contracts for the same
            type of insurance, reinsurance, financing, or services
            and for similar guarantees issued under predecessor
            guarantee authority may be reduced.
              (2) Credit transaction costs.--Project-specific
            transaction costs incurred by the Corporation relating
            to loan obligations or loan guarantee commitments
            covered by the provisions of the Federal Credit Reform
            Act of 1990, including the costs of project-related
            travel and expenses for legal representation provided
            by persons outside the Corporation and other similar
            expenses which are charged to the borrower, shall be
            paid out of the appropriate finance account established
            pursuant to section 505(b) of such Act.
              (3) Noncredit transaction costs.--Fees paid for the
            project-specific transaction costs and other direct
            costs associated with services provided to specific
            investors or potential investors pursuant to section
            234 (other than those covered in paragraph (2)),
            including financing, insurance, reinsurance, missions,
            seminars, conferences, and other preinvestment
            services, shall be available for obligation for the
            purposes for which they were collected, notwithstanding
            any other provision of law.
        (e) No insurance, guaranty, or reinsurance \276\ of any
    equity investment shall extend beyond twenty years from the
    date of issuance.
        (f) Compensation for insurance, reinsurance, or guaranties
    issued under this title shall not exceed the dollar value, as
    of the date of the investment, of the investment made in the
    project with the approval of the Corporation plus interest,
    earnings, or profits actually accrued on such investment to the
    extent provided by such insurance, reinsurance, or guaranty,
    except that the Corporation may provide that (1) appropriate
    adjustments in the insured dollar value be made to reflect the
    replacement cost of project assets, and (2) compensation for a
    claim of loss under insurance of an equity investment may be
    computed on the basis of the net book value attributable to
    such equity investment on the date of loss.\278\
    Notwithstanding the preceding sentence, the Corporation shall
    limit the amount of direct insurance and reinsurance issued by
    it under section 234 or 234A so that risk of loss as to at
    least 10 per centum of the total investment of the insured and
    its affiliates in the project is borne by the insured and such
    affiliates, except that limitation shall not apply to direct
    insurance or reinsurance of loans by banks or other financial
    institutions to unrelated parties and \279\ (3) \280\
    compensation for loss due to business interruption may be
    computed on a basis to be determined by the Corporation which
    reflects amounts lost.
    ---------------------------------------------------------------------------
        \278\ The first sentence of subsec. (f) was amended and restated by
    sec. 6(a) of the OPIC Amendments Act of 1981 (Public Law 97-65; 95
    Stat. 1023). Previous amendments to this sentence in subsec. (f) which
    are retained in the new text include the following: The word
    ``reinsurance'' was added by sec. 2(4)(F) of Public Law 93-390; the
    basic language of clause (1) was added by sec. 5 of Public Law 95-268
    (92 Stat. 215).
        \279\ This sentence was added by sec. 2(4)(G) of the OPIC
    Amendments Act of 1974 (Public Law 93-390). The phrase ``except that
    limitation shall not apply to direct insurance or reinsurance of loans
    by banks or other financial institutions to unrelated parties'' was
    added by sec. 5 of Public Law 95-268 (92 Stat. 215).
        A sentence, as added by sec. 2(4)(G) of Public Law 93-390 and which
    previously appeared at this point, was struck out by sec. 6(b) of the
    OPIC Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1023). It
    formerly read as follows: ``The preceding sentence shall not apply to
    the extent not permitted by State law.''.
        \280\ Subpara. (3) as added by sec. 6(b) of the OPIC Amendments Act
    of 1985 (Public Law 99-204).
    ---------------------------------------------------------------------------
        (g) No payment may be made under any guaranty, insurance or
    reinsurance \276\ issued pursuant to this title for any loss
    arising out of fraud or misrepresentation for which the party
    seeking payment is responsible.
        (h) Insurance, guaranties, or reinsurance \281\ of a loan
    or equity investment of an eligible investor in a foreign bank,
    finance company, or other credit institution shall extend only
    to such loan or equity investment and not to any individual
    loan or equity investment made by such foreign bank, finance
    company, or other credit institution.
    ---------------------------------------------------------------------------
        \281\ Sec. 2(4)(I) of the OPIC Amendments Act of 1974 (Public Law
    93-390) substituted the words ``, guaranties, or reinsurance'' in lieu
    of ``or guaranties''.
    ---------------------------------------------------------------------------
        (i) Claims arising as a result of insurance, reinsurance
    \282\ or guaranty operations under this title or under
    predecessor guaranty authority may be settled, and disputes
    arising as a result thereof may be arbitrated with the consent
    of the parties, on such terms and conditions as the Corporation
    may determine. Payment made pursuant to any such settlement, or
    as a result of an arbitration award, shall be final and
    conclusive notwithstanding any other provision of law.
    ---------------------------------------------------------------------------
        \282\ Sec. 2(4)(J) of the OPIC Amendments Act of 1974 (Public Law
    93-390) added the word ``, reinsurance''.
    ---------------------------------------------------------------------------
        (j) Each guaranty contract executed by such officer or
    officers as may be designated by the Board shall be
    conclusively presumed to be issued in compliance with the
    requirements of this Act.
        (k) \283\ In making a determination to issue insurance,
    guaranties, or reinsurance under this title, the Corporation
    shall consider the possible adverse effect of the dollar
    investment under such insurance, guaranty, or reinsurance upon
    the balance of payments of the United States.
    ---------------------------------------------------------------------------
        \283\ Subsec. (k) was amended by sec. 2(4)(K) of the OPIC
    Amendments Act of 1974 (Public Law 93-390). It formerly read as
    follows: ``(k) In making a determination to issue insurance or a
    guaranty under this title, the Corporation shall consider the possible
    adverse effect of the dollar investment under such insurance or
    guaranty upon the balance of payments of the United States''.
    ---------------------------------------------------------------------------
        (l) \284\ (1) No payment may be made under any insurance or
    reinsurance which is issued under this title on or after the
    date of enactment of this subsection for any loss occurring
    with respect to a project, if the preponderant cause of such
    loss was an act by the investor seeking payment under this
    title, by a person possessing majority ownership and control of
    the investor at the time of the act, or by any agent of such
    investor or controlling person, and a court of the United
    States has entered a final judgment that such act constituted a
    violation under the Foreign Corrupt Practices Act of 1977.
    ---------------------------------------------------------------------------
        \284\ Subsec. (l) was added by sec. 6 of Public Law 95-268 (92
    Stat. 215); the subsec. became effective April 24, 1978.
    ---------------------------------------------------------------------------
        (2) Not later than 120 days after the date of enactment of
    this subsection, the Corporation shall adopt regulations
    setting forth appropriate conditions under which any person
    convicted under the Foreign Corrupt Practices Act of 1977 for
    an offense related to a project insured or otherwise supported
    by the Corporation shall be suspended, for a period of not more
    than five years, from eligibility to receive any insurance,
    reinsurance, guaranty, loan, or other financial support
    authorized by this title.
        (m) \285\ (1) Before finally providing insurance,
    reinsurance, guarantees, or financing under this title for any
    environmentally sensitive investment in connection with a
    project in a country, the Corporation shall notify appropriate
    government officials of that country of--
    ---------------------------------------------------------------------------
        \285\ Subsec. (m) was added by sec. 4(b) of the OPIC Amendments Act
    of 1985 (Public Law 99-204).
    ---------------------------------------------------------------------------
              (A) all guidelines and other standards adopted by the
            International Bank for Reconstruction and Development
            and any other international organization relating to
            the public health or safety or the environment which
            are applicable to the project; and
              (B) to the maximum extent practicable, any
            restriction under any law of the United States relating
            to public health or safety or the environment that
            would apply to the project if the project were
            undertaken in the United States.
    The notification under the preceding sentence shall include a
    summary of the guidelines, standards, and restrictions referred
    to in subparagraphs (A) and (B), and may include any
    environmental impact statement, assessment, review, or study
    prepared with respect to the investment pursuant to section
    239(g).
        (2) Before finally providing insurance, reinsurance,
    guarantees, or financing for any investment subject to
    paragraph (1), the Corporation shall take into account any
    comments it receives on the project involved.
        (3) On or before September 30, 1986, the Corporation shall
    notify appropriate government officials of a country of the
    guidelines, standards, and legal restrictions described in
    paragraph (1) that apply to any project in that country--
              (A) which the Corporation identifies as potentially
            posing major hazards to public health and safety or the
            environment; and
              (B) for which the Corporation provided insurance,
            reinsurance, guarantees, or financing under this title
            before the date of enactment of this subsection and
            which is in the Corporation's portfolio on that date.
        (n) \286\ Penalties for Fraud.--Whoever knowingly makes any
    false statement or report, or willfully overvalues any land,
    property, or security, for the purpose of influencing in any
    way the action of the Corporation with respect to any
    insurance, reinsurance, guarantee, loan, equity investment, or
    other activity of the Corporation under section 234 or any
    change or extension of any such insurance, reinsurance,
    guarantee, loan, equity investment, or activity, by renewal,
    deferment of action or otherwise, or the acceptance, release,
    or substitution of security therefor, shall be fined not more
    than $1,000,000 or imprisoned not more than 30 years, or both.
    ---------------------------------------------------------------------------
        \286\ Sec. 105(b) of the Jobs Through Exports Act of 1992 (Public
    Law 102-549; 106 Stat. 3653) added subsec. (n).
    ---------------------------------------------------------------------------
        (o) \287\ Use of Local Currencies.--Direct loans or
    investments made in order to preserve the value of funds
    received in inconvertible foreign currency by the Corporation
    as a result of activities conducted pursuant to section 234(a)
    shall not be considered in determining whether the Corporation
    has made or has outstanding loans or investments to the extent
    of any limitation on obligations and equity investment imposed
    by or pursuant to this title. The provisions of section 504(b)
    of the Federal Credit Reform Act of 1990 shall not apply to
    direct loan obligations made with funds described in this
    subsection.
    ---------------------------------------------------------------------------
        \287\ Sec. 105(c) of the Jobs Through Exports Act of 1992 (Public
    Law 102-549; 106 Stat. 3653) added subsec. (o).
    ---------------------------------------------------------------------------
        Sec. 238.\288\ Definitions.--As used in this title--
    ---------------------------------------------------------------------------
        \288\ 22 U.S.C. 2198. Sec. 238 was added by sec. 105 of the FA Act
    of 1969.
    ---------------------------------------------------------------------------
              (a) the term ``investment'' includes any contribution
            or commitment \289\ of funds, commodities, services,
            patents, processes, or techniques, in the form of (1) a
            loan or loans to an approved project, (2) the purchase
            of a share of ownership in any such project, (3)
            participation in royalties, earnings, or profits of any
            such project, and (4) the furnishing of commodities or
            services pursuant to a lease or other contract;
    ---------------------------------------------------------------------------
        \289\ The words ``or commitment'' were added by sec. 7 of the OPIC
    Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1024).
    ---------------------------------------------------------------------------
              (b) the term ``expropriation'' includes, but is not
            limited to, any abrogation, repudiation, or impairment
            by a foreign government of its own contract with an
            investor with respect to a project, where such
            abrogation, repudiation, or impairment is not caused by
            the investor's own fault or misconduct, and materially
            adversely affects the continued operation of the
            project;
              (c) the term ``eligible investor'' means: (1) United
            States citizens; (2) corporations, partnerships, or
            other associations including nonprofit associations,
            created under the laws of the United States any State
            or territory thereof, or the District of Columbia,\290\
            and substantially beneficially owned by United States
            citizens; and (3) foreign corporations, partnerships,
            or other associations wholly owned by one or more such
            United States citizens, corporations, partnerships, or
            other associations: Provided however, That the
            eligibility of such foreign corporation shall be
            determined without regard to any shares, in aggregate
            less than 5 per centum of the total issued and
            subscribed share capital,\291\ held by other than the
            United States owners: Provided further, That in the
            case of any loan investment a final determination of
            eligibility may be made at the time the insurance or
            guaranty is issued; in all other cases, the investor
            must be eligible at the time a claim arises as well as
            the time the insurance or guaranty is issued; \292\
    ---------------------------------------------------------------------------
        \290\ Reference to the District of Columbia was added by sec. 17(a)
    of the OPIC Amendments Act of 1985 (Public Law 99-204).
        \291\ The words ``required by Law to be'', which appeared at this
    point were struck out by sec. 104(a) of the FA Act of 1971.
        \292\ Sec. 106 of the Jobs Through Exports Act of 1992 (Public Law
    102-549; 106 Stat. 3653): (1) struck out ``and'' at the end of subsec.
    (c); (2) redesignated subsec. (d) as subsec. (f); and (3) added new
    subsecs. (d) and (e).
    ---------------------------------------------------------------------------
              (d) \292\ the term ``noncredit account revolving
            fund'' means the account in which funds under section
            236 and all funds from noncredit activities are held;
            and \293\
    ---------------------------------------------------------------------------
        \293\ So in original.
    ---------------------------------------------------------------------------
              (e) \292\ the term ``noncredit activities'' means all
            activities of the Corporation other than its loan
            guarantee program under section 234(b) and its direct
            loan program under section 234(c); \293\
              (f) \292\ the term ``predecessor guaranty authority''
            means prior guaranty authorities (other than housing
            guaranty authorities) repealed by the Foreign
            Assistance Act of 1969, section 202(b) and 413(b) of
            the Mutual Security Act of 1954, as amended, and
            section 111(b)(3) of the Economic Cooperation Act of
            1948, as amended (exclusive of authority relating to
            informational media guaranties).
        Sec. 239.\294\ General Provisions and Powers.--(a) The
    Corporation shall have its principal office in the District of
    Columbia and shall be deemed, for purposes of venue in civil
    actions, to be resident thereof.
    ---------------------------------------------------------------------------
        \294\ 22 U.S.C. 2199. Sec. 239 was added by sec. 105 of the FA Act
    of 1969.
    ---------------------------------------------------------------------------
        (b) The President shall transfer to the Corporation, at
    such time as he may determine, all obligations, assets and
    related rights and responsibilities arising out of, or related
    to, predecessor programs and authorities similar to those
    provided for in section 234 (a), (b), and (d). Until such
    transfer, the agency heretofore responsible for such
    predecessor programs shall continue to administer such assets
    and obligations, and such programs and activities authorized
    under this title as may be determined by the
    President.\295\, \296\
    ---------------------------------------------------------------------------
        \295\ A Presidential Determination of Dec. 30, 1969 (35 F.R. 43;
    January 3, 1970), provided for AID administration until transfer to the
    Overseas Private Investment Corporation.
        \296\ Sec. 7(1) of Public Law 95-268 (92 Stat. 215) struck out a
    paragraph previously appearing in subsec. (b) which had directed OPIC
    to cease operating the programs authorized by sec. 234 (b) through (e)
    and sec. 240 on Dec. 31, 1979.
    ---------------------------------------------------------------------------
        (c) \297\ (1) The Corporation shall be subject to the
    applicable provisions of chapter 91 of title 31, United States
    Code, except as otherwise provided in this title.
    ---------------------------------------------------------------------------
        \297\ Sec. 11 of the OPIC Amendments Act of 1985 (Public Law 99-
    204), substituted the text of subsec. (c) in lieu of:
        ``The Corporation shall be subject to the applicable provisions of
    the Government Corporation Control Act, except as otherwise provided in
    this title.''.
        Sec. 209(e)(16) of the Admiral James W. Nance and Meg Donovan
    Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
    3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
    113 Stat. 1536), stated that sec. 3003(a)(1) of Public Law 104-66 (109
    Stat. 734) is not applicable to this subsection. Sec. 3003(a)(1) of
    that Act, as amended, provided that ``* * * each provision of law
    requiring the submittal to Congress (or any committee of the Congress)
    of any annual, semiannual, or other regular periodic report specified
    on the list * * * [prepared by the Clerk of the House of
    Representatives for the first session of the One Hundred Third
    Congress] shall cease to be effective, with respect to that
    requirement, May 15, 2000.''.
    ---------------------------------------------------------------------------
        (2) An independent certified public accountant shall
    perform a financial and compliance audit of the financial
    statements of the Corporation at least once every three years,
    in accordance with generally accepted Government auditing
    standards for a financial and compliance audit, as issued by
    the Comptroller General. The independent certified public
    accountant shall report the results of such audit to the Board.
    The financial statements of the Corporation shall be presented
    in accordance with generally accepted accounting principles.
    These financial statements and the report of the accountant
    shall be included in a report which contains, to the extent
    applicable, the information identified in section 9106 of title
    31, United States Code, and which the Corporation shall submit
    to the Congress not later than six and one-half months after
    the end of the last fiscal year covered by the audit. The
    General Accounting Office may review the audit conducted by the
    accountant and the report to the Congress in the manner and at
    such times as the General Accounting Office considers
    necessary.
        (3) In lieu of the financial and compliance audit required
    by paragraph (2), the General Accounting Office shall, if the
    Office considers it necessary or upon the request of the
    Congress, audit the financial statements of the Corporation in
    the manner provided in paragraph (2). The Corporation shall
    reimburse the General Accounting Office for the full cost of
    any audit conducted under this paragraph.
        (4) All books, accounts, financial records, reports, files,
    workpapers, and property belonging to or in use by the
    Corporation and the accountant who conducts the audit under
    paragraph (2), which are necessary for purposes of this
    subsection, shall be made available to the representatives of
    the General Accounting Office.
        (d) To carry out the purposes of this title, the
    Corporation is authorized to adopt and use a corporate seal,
    which shall be judicially noticed; to sue and be sued in its
    corporate name; to adopt, amend, and repeal bylaws governing
    the conduct of its business and the performance of the powers
    and duties granted to or imposed upon it by law; to acquire,
    hold or dispose of, upon such terms and conditions as the
    Corporation may determine, any property, real, personal, or
    mixed, tangible or intangible, or any interest therein; to
    invest funds derived from fees and other revenues in
    obligations of the United States and to use the proceeds
    therefrom, including earnings and profits, as it shall deem
    appropriate; to indemnify directors, officers, employees and
    agents of the Corporation for liabilities and expenses incurred
    in connection with their Corporation activities; to require
    bonds of officers, employees, and agents and pay the premiums
    therefor; notwithstanding any other provision of law, to
    represent itself or to contract for representation in all legal
    and arbitral proceedings; to enter into limited-term contracts
    with nationals of the United States for personal services to
    carry out activities in the United States and abroad under
    subsections (d) and (e) of section 234; \298\ to purchase,
    discount, rediscount, sell, and negotiate, with or without its
    endorsement or guaranty, and guarantee notes, participation
    certificates, and other evidence of indebtedness (provided that
    the Corporation shall not issue its own securities, except
    participation certificates for the purpose of carrying out
    section 231(c) or participation certificates as evidence of
    indebtedness held by the Corporation in connection with
    settlement of claims under section 237(i)); \299\ to make and
    carry out such contracts and agreements as are necessary and
    advisable in the conduct of its business; to exercise the
    priority of the Government of the United States in collecting
    debts from bankrupt, insolvent, or decedents' estates; to
    determine the character of and the necessity for its
    obligations and expenditures, and the manner in which they
    shall be incurred, allowed, and paid, subject to provisions of
    law specifically applicable to Government corporations; to
    collect or compromise any obligations assigned to or held by
    the Corporation, including any legal or equitable rights
    accruing to the Corporation; \300\ and to take such actions as
    may be necessary or appropriate to carry out the powers herein
    or hereafter specifically conferred upon it.
    ---------------------------------------------------------------------------
        \298\ Sec. 107 of the Jobs Through Exports Act of 1992 (Public Law
    102-549; 106 Stat. 3654) inserted ``to enter into limited-term
    contracts with nationals of the United States for personal services to
    carry out activities in the United States and abroad under subsections
    (d) and (e) of section 234;'' after ``legal and arbitral
    proceedings;''.
        \299\ The words to this point beginning with ``or participation
    certificates * * *'' were added by sec. 7(2) of Public Law 95-268 (92
    Stat. 215).
        \300\ This phrase beginning with ``to collect or compromise * * *''
    was added by sec. 8(1) of the OPIC Amendments Act of 1981 (Public Law
    97-65; 95 Stat. 1024).
    ---------------------------------------------------------------------------
        (e) The Inspector General \301\ of the Agency for
    International Development (1) may conduct \302\ reviews,
    investigations, and inspections of all phases of the
    Corporation's operations and activities and (2) shall conduct
    all security activities of the Corporation relating to
    personnel and the control of classified material. With respect
    to his responsibilities under this subsection, the Inspector
    General \301\ shall report to the Board. The agency primarily
    responsible for administering part I shall be reimbursed by the
    Corporation for all expenses incurred by the Inspector General
    \301\ in connection with his responsibilities under this
    subsection.
    ---------------------------------------------------------------------------
        \301\ Reference to the Inspector General was inserted in lieu of a
    reference to the Auditor-General by sec. 8(2)(A) of the OPIC Amendments
    Act of 1981 (Public Law 97-65; 95 Stat. 1024).
        \302\ The words ``may conduct'' were inserted in lieu of ``shall
    have the responsibility for planning and directing the execution of
    audits,'' by sec. 8(2)(B) of the OPIC Amendments Act of 1981 (Public
    Law 97-65; 95 Stat. 1024).
    ---------------------------------------------------------------------------
        (f) \303\, \304\ Except for the provisions of
    this title, no other provision of this or any other law shall
    be construed to prohibit the operation in Yugoslavia, Poland,
    Hungary,\305\ or any other East European country,\306\ or the
    People's Republic of China, or Pakistan \307\ of the programs
    authorized by this title, if the President determines that the
    operation of such program in such country is important to the
    national interest.
    ---------------------------------------------------------------------------
        \303\ Sec. 8(3) of the OPIC Amendments Act of 1981 (Public Law 97-
    65; 95 Stat. 1024) struck out subsecs. (f), (j), and (k) (subsecs. (j)
    and (k) added by sec. 7(3) of Public Law 95-268), and redesignated
    existing subsecs. (g), (h), (i), and (l) as subsecs. (f), (g), (h), and
    (i), respectively.
        Old subsec. (f) authorized the establishment of an Advisory Board
    in order to further the purposes of OPIC; old subsec. (j) blocked OPIC
    support for copper exploration or mining projects begun after Jan. 1,
    1981, and projects for the production of copper beginning after this
    date if the project would cause injury to the primary U.S. copper
    industry; and old subsec. (k) blocked OPIC support for any project to
    establish or expand production of processing of palm oil, sugar, or
    citrus crops for export.
        \304\ Subsec. (f) was originally added as subsec. (g) by sec.
    104(b) of the FA Act of 1971. Reference in the subsection to the
    People's Republic of China was added by Public Law 96-327 (94 Stat.
    1026). Reference to Romania was struck out by sec. 108 of the OPIC
    Amendments Act of 1988, S. 2757, enacted into law by reference in the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268).
        \305\ Section 302(a) of the Support for East European Democracy
    (SEED) Act of 1989 (Public Law 101-179; 103 Stat. 1311) inserted
    reference to Hungary and Poland at this point.
        \306\ Sec. 576(a) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2044), inserted ``or any other East European country''.
        \307\ Sec. 579(a) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
    Stat. 2435), inserted ``, or Pakistan'' after ``China''. Sec. 579(b) of
    that Act, furthermore, provided the following:
        ``(b) Trade and Development.--It is the sense of Congress that the
    Director of the Trade and Development Agency should use funds made
    available to carry out the provisions of section 661 of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2421) to promote United States
    exports to Pakistan.''.
    ---------------------------------------------------------------------------
        (g) \303\, \308\ The requirements of section
    117(c) of this Act relating to environmental impact statements
    and environmental assessments shall apply to any investment
    which the Corporation insures, reinsures, guarantees, or
    finances under this title in connection with a project in a
    country.
    ---------------------------------------------------------------------------
        \308\ Subsec. (g) was originally added as subsec. (h) by sec.
    2(5)(B) of the OPIC Amendments Act of 1974 (Public Law 93-390). Sec.
    4(c) of the OPIC Amendments Act of 1985 (Public Law 99-204), restated
    and amended subsec. (g) in its current form. It previously read as
    follows:
        ``Within six months after the date of enactment of this subsection,
    the Corporation shall develop and implement specific criteria intended
    to minimize the potential environmental implications of projects
    undertaken by investors abroad in accordance with any of the programs
    authorized by this title.''.
        The OPIC Amendments Act of 1988, S. 2757, enacted into law by
    reference in the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268)
    replaced ``118(c)'' with ``117(c)''.
    ---------------------------------------------------------------------------
        (h) \303\, \309\ In order to carry out the
    policy set forth in paragraph (1) of the second undesignated
    paragraph of section 231 of this Act, the Corporation shall
    prepare and maintain for each investment project it insures,
    finances, or reinsures, a development impact profile consisting
    of data appropriate to measure the projected and actual effects
    of such project on development. Criteria for evaluating
    projects shall be developed in consultation with the Agency for
    International Development.\310\
    ---------------------------------------------------------------------------
        \309\ Subsec. (h) was originally added as subsec. (i) by sec. 7(3)
    of Public Law 95-268 (92 Stat. 215).
        \310\ This consultative function was transferred to the Director of
    IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 1979
    (establishing IDCA). The Reorganization Plan No. 2 of 1979 ceased to be
    effective with enactment of the Foreign Affairs Reform and
    Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of
    Public Law 105-277; 112 Stat. 2681).
    ---------------------------------------------------------------------------
        (i) \303\, \311\ The Corporation shall take into
    account in the conduct of its programs in a country, in
    consultation with the Secretary of State, all available
    information about observance of and respect for human rights
    and fundamental freedoms in such country and the effect the
    operation of such programs will have on human rights and
    fundamental freedoms in such country. The provisions of section
    116 of this Act shall apply to any insurance, reinsurance,
    guaranty, or loan issued by the Corporation for projects in a
    country, except that in addition to the exception (with respect
    to benefiting needy people) set forth in subsection (a) of such
    section, the Corporation may support a project if the national
    security interest so requires.
    ---------------------------------------------------------------------------
        \311\ Subsec. (i) was originally added as subsec. (l) by sec. 8 of
    Public Law 95-268 (92 Stat. 216).
    ---------------------------------------------------------------------------
        (j) \312\ The Corporation, including its franchise,
    capital, reserves, surplus, advances, intangible property, and
    income, shall be exempt from all taxation at any time imposed
    by the United States, by any territory, dependency, or
    possession of the United States, or by any State, the District
    of Columbia, or any county, municipality, or local taxing
    authority.
    ---------------------------------------------------------------------------
        \312\ Secs. 12 and 13 of the OPIC Amendments Act of 1985 (Public
    Law 99-204; 99 Stat. 1674), added subsecs. (j) and (k), respectively.
    ---------------------------------------------------------------------------
        (k) \312\ The Corporation shall publish, and make available
    to applicants for insurance, reinsurance, guarantees,
    financing, or other assistance made available by the
    Corporation under this title, the policy guidelines of the
    Corporation relating to its programs.
        Sec. 240.\313\ Small Business Development.--The Corporation
    shall undertake, in cooperation with appropriate departments,
    agencies, and instrumentalities of the United States as well as
    private entities and others, to broaden the participation of
    United States small business, cooperatives, and other small
    United States investors in the development of small private
    enterprise in less developed friendly countries or areas. The
    Corporation shall allocate up to 50 percent of its annual net
    income, after making suitable provision for transfers and
    additions to reserves, to assist and facilitate the development
    of projects consistent with the provisions of this section.
    Such funds may be expended, notwithstanding the requirements of
    section 231(a), on such terms and conditions as the Corporation
    may determine, through loans, grants, or other programs
    authorized by section 234 and section 234A.
    ---------------------------------------------------------------------------
        \313\ 22 U.S.C. 2200. This new sec. 240 was added by sec. 9 of
    Public Law 95-268 (92 Stat. 216). Previously, sec. 240 had concerned
    agricultural credit and self-help community development projects but
    had been repealed by the FA Act of 1974.
    ---------------------------------------------------------------------------
        Sec. 240A.\314\ Reports to the Congress.--After (a) the end
    of each fiscal year, the Corporation shall submit to the
    Congress a complete and detailed report of its operations
    during such fiscal year. Such report shall include--
    ---------------------------------------------------------------------------
        \314\ 22 U.S.C. 2200a. Sec. 240A, as added by sec. 105 of the FA
    Act of 1969 and amended by sec. 2(7) of Public Law 93-390, was amended
    and restated by sec. 10 of Public Law 95-268 (92 Stat. 216).
    ---------------------------------------------------------------------------
              (1) an assessment, based upon the development impact
            profiles required by section 239(h), of the economic
            and social development impact and benefits of the
            projects with respect to which such profiles are
            prepared, and of the extent to which the operations of
            Corporation complement or are compatible with the
            development assistance programs of the United States
            and other donors; and
              (2) a description of any project for which the
            Corporation--
                      (A) refused to provide any insurance,
                    reinsurance, guaranty, financing, or other
                    financial support, on account of violations of
                    human rights referred to in section 239(i); or
                      (B) notwithstanding such violations, provided
                    such insurance, reinsurance, guaranty,
                    financing, or financial support, on the basis
                    of a determination (i) that the project will
                    directly benefit the needy people in the
                    country in which the project is located, or
                    (ii) that the national security interest so
                    requires.
        (b) \315\ (1) Each annual report required by subsection (a)
    shall contain projections of the effects on employment in the
    United States of all projects for which, during the preceding
    fiscal year, the Corporation initially issued any insurance,
    reinsurance, or guaranty or made any direct loan. Each such
    report shall include projections of--
    ---------------------------------------------------------------------------
        \315\ Subsec. (b), which required a one-time report to Congress on
    the development of private and multilateral programs for investment
    insurance and any reinsurance arrangements OPIC had made with private
    insurance companies, multilateral organizations and institutions, or
    other entities, was struck out by sec. 9(a)(2) of the OPIC Amendments
    Act of 1981 (Public Law 97-65; 95 Stat. 1024).
    ---------------------------------------------------------------------------
              (A) the amount of United States exports to be
            generated by those projects, both during the start-up
            phase and over a period of years;
              (B) the final destination of the products to be
            produced as a result of those projects; and
              (C) the impact such production will have on the
            production of similar products in the United States
            with regard to both domestic sales and exports.
        (2) \316\ The projections required by this subsection shall
    be based on an analysis of each of the projects described in
    paragraph (1).
    ---------------------------------------------------------------------------
        \316\ Sec. 108 of the Jobs Through Exports Act of 1992 (Public Law
    102-549; 106 Stat. 3654) struck out the former par. (2), and inserted
    new paras. (2) and (3).
    ---------------------------------------------------------------------------
      (3) \316\ In reporting the projections on employment required
    by this subsection, the Corporation shall specify, with respect
    to each project--
              (A) any loss of jobs in the United States caused by
            the project, whether or not the project itself creates
            other jobs;
              (B) any jobs created by the project; and
              (C) the country in which the project is located, and
            the economic sector involved in the project.
    No proprietary information may be disclosed under this
    paragraph.
        (c)(1) \317\ * * * [Repealed--1988]
    ---------------------------------------------------------------------------
        \317\ Sec. 240A(c) was repealed by sec. 110(b)(1) of the OPIC
    Amendments Act of 1988, S. 2757, enacted into law by reference in the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268). Subsec.
    (c) had required that OPIC submit to Congress not later than December
    31, 1987, a report analyzing the actual effects, as of September 30,
    1986, on employment in the United States of all projects with respect
    to which any insurance, reinsurance, or guaranty issued by the
    Corporation was in effect on September 30, 1986, or with respect to
    which repayments on direct loans by the Corporation were being made as
    of that date.
    ---------------------------------------------------------------------------
        (d) The Corporation shall maintain as part of its records--
              (1) all information collected in preparing the report
            required by subsection (c) (as in effect before the
            enactment of the Overseas Private Investment
            Corporation Amendments Act of 1988),\318\ whether the
            information was collected by the Corporation itself or
            by a contractor; and
    ---------------------------------------------------------------------------
        \318\ Sec. 110(b)(2) of the OPIC Amendments Act of 1988, S. 2757,
    enacted into law by reference in the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1989 (Public Law
    100-461; 102 Stat. 2268), added the parenthetical text following
    ``(c)''.
    ---------------------------------------------------------------------------
              (2) a copy of the analysis of each project analyzed
            in preparing the reports required by either subsection
            (b) or (c) (as in effect before the enactment of the
            Overseas Private Investment Corporation Amendments Act
            of 1988).\318\
        (e) \319\ Each annual report required by subsection (a)
    shall include an assessment of programs implemented by the
    Corporation under section 234A(a), including the following
    information, to the extent such information is available to the
    Corporation:
    ---------------------------------------------------------------------------
        \319\ Sec. 105(b) of the OPIC Amendments Act of 1988, S. 2757,
    enacted into law by reference in the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1989 (Public Law
    100-461; 102 Stat. 2268), amended Sec. 240A by redesignating subsec.
    (e) as (f) and inserting a new subsec. (e).
    ---------------------------------------------------------------------------
              (1) The nature and dollar value of political risk
            insurance provided by private insurers in conjunction
            with the Corporation, which the Corporation was not
            permitted to provide under this title.
              (2) The nature and dollar value of political risk
            insurance provided by private insurers in conjunction
            with the Corporation, which the Corporation was
            permitted to provide under this title.
              (3) The manner in which such private insurers and the
            Corporation cooperated in recovery efforts and claims
            management.
        (f) \319\ Subsections (b) and (e) do not require the
    inclusion in any report submitted pursuant to those subsections
    of any information which would not be required to be made
    available to the public pursuant to section 552 of title 5,
    United States Code (relating to freedom of information).

    SEC. 240B.\320\ PROHIBITION ON NONCOMPETITIVE AWARDING OF INSURANCE
                        CONTRACTS ON OPIC SUPPORTED EXPORTS.

      (a) Requirement for Certification.--
    ---------------------------------------------------------------------------
        \320\ 22 U.S.C. 2200b. Sec. 109 of the Jobs Through Exports Act of
    1992 (Public Law 102-549; 106 Stat. 3654) added sec. 240B. Previously,
    sec. 240B addressed the return of appropriated funds by the Corporation
    to the general fund of the Treasury.
    ---------------------------------------------------------------------------
              (1) In general.--Except as provided in paragraph (3),
            the investor on whose behalf insurance, reinsurance,
            guaranties, or other financing is provided under this
            title with respect to a project shall be required to
            certify to the Corporation that any contract for the
            export of goods as part of that project will include a
            clause requiring that United States insurance companies
            have a fair and open competitive opportunity to provide
            insurance against risk of loss of such export.
              (2) When certification must be made.--The investor
            shall be required, in every practicable case, to so
            certify before the insurance, reinsurance, guarantee,
            or other financing is provided. In any case in which
            such a certification is not made in advance, the
            investor shall include in the certification the reasons
            for the failure to make a certification in advance.
              (3) Exception.--Paragraph (1) does not apply with
            respect to an investor who does not, because of the
            nature of the investment, have a controlling interest
            in fact in the project in question.
      (b) Reports by the United States Trade Representative.--The
    United States Trade Representative shall review the actions of
    the Corporation under subsection (a) and, after consultation
    with representatives of United States insurance companies,
    shall report to the Congress in the report required by section
    181(b) of the Trade Act of 1974 with respect to such actions.
      (c) Definitions.--For purposes of this section--
              (1) the term ``United States insurance company''
            includes--
                      (A) an individual, partnership, corporation,
                    holding company, or other legal entity which is
                    authorized, or in the case of a holding
                    company, subsidiaries of which are authorized,
                    by a State to engage in the business of issuing
                    insurance contracts or reinsuring the risk
                    underwritten by insurance companies; and
                      (B) foreign operations, branches, agencies,
                    subsidiaries, affiliates, or joint ventures of
                    any entity described in subparagraph (A);
              (2) United States insurance companies shall be
            considered to have had a ``fair and open competitive
            opportunity to provide insurance'' if they--
                      (A) have received notice of the opportunity
                    to provide insurance; and
                      (B) have been evaluated on a
                    nondiscriminatory basis; and
              (3) the term ``State'' includes the District of
            Columbia and any commonwealth, territory, or possession
            of the United States.

                 Title V--Disadvantaged Children in Asia \321\

        Sec. 241.\322\ Assistance to Certain Disadvantaged Children
    in Asia.--(a) The Congress recognizes the humanitarian needs of
    disadvantaged children in Asian countries where there has been
    or continues to be a heavy presence of United States military
    and related personnel in recent years. Moreover, the Congress
    finds that inadequate provision has been made for the care and
    welfare of such disadvantaged children, particularly those
    fathered by the United States citizens.
    ---------------------------------------------------------------------------
        \321\ Sec. 116 of the International Development and Food Assistance
    Act of 1978 (Public Law 95-424; 92 Stat. 952) struck out the title
    heading ``Development Research'' and added this new heading for title
    V.
        \322\ 22 U.S.C. 2201. This new sec. 241 was added by sec. 116 of
    the International Development and Food Assistance Act of 1978 (Public
    Law 95-424; 92 Stat. 952). Previously, sec. 241 had contained the
    general authority under title V but had been repealed by Public Law 94-
    161 (89 Stat. 849).
    ---------------------------------------------------------------------------
        (b) Accordingly, the President is authorized to expend up
    to $3,000,000 \323\ of funds made available under chapter 1 of
    this part, in addition to funds otherwise available for such
    purposes, to help meet the needs of these disadvantaged
    children in Asia by assisting in the expansion and improvement
    of orphanages, hostels, day care centers, school feeding
    programs, and health, education, and welfare programs.
    Assistance provided under this section shall be furnished under
    the auspices of and by international organizations or private
    voluntary agencies operating within, and in cooperation with,
    the countries of Asia where these disadvantaged children
    reside.
    ---------------------------------------------------------------------------
        \323\ Sec. 903(a) of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) increased the
    authorization of funds from $2,000,000 to $3,000,000.
    ---------------------------------------------------------------------------

          Title VI--Alliance for Progress \324\ * * * [Repealed--1978]

         Title VII--Evaluation of Programs \325\ * * * [Repealed--1978]

    Title VIII--Southeast Asia Multilateral and Regional Programs \326\ * *
                               * [Repealed--1978]

     Title IX--Utilization of Democratic Institutions in Development \327\

        Sec. 281.\328\ Utilization of Democratic Institutions in
    Development.--(a) \329\ In carrying out programs authorized in
    this chapter and chapter 1,\330\ emphasis shall be placed on
    assuring maximum participation in the task of economic
    development on the part of the people of the developing
    countries, through the encouragement of democratic private and
    local governmental institutions.
    ---------------------------------------------------------------------------
        \324\ Title VI, as added by the FA Act of 1962, was repealed by
    sec. 102(g)(1)(A) of the International Development and Food Assistance
    Act of 1978 (Public Law 95-424; 92 Stat. 942).
        \325\ Title VII, as added by the FA Act of 1963, was repealed by
    sec. 102(g)(1)(A) of the International Development and Food Assistance
    Act of 1978 (Public Law 95-424; 92 Stat. 942).
        \326\ Title VIII, as added by the FA Act of 1966, was repealed by
    sec. 102(g)(1)(A) of the International Development and Food Assistance
    Act of 1978 (92 Stat. 942).
        \327\ Title IX was added by sec. 106 of the FA Act of 1966.
        \328\ 22 U.S.C. 2218. Sec. 281 was added by sec. 106 of the FA Act
    of 1966.
        \329\ Subsec. designation ``(a)'' and subsecs. (b), (c) and (d)
    were added by sec. 108, of the FA Act of 1967.
        \330\ The words ``and chapter 1'' were added by sec. 102(g)(2)(A)
    of the International Development and Food Assistance Act of 1978
    (Public Law 95-424; 92 Stat. 942).
    ---------------------------------------------------------------------------
        (b) \329\ In order to carry out the purposes of this title,
    programs under this chapter and chapter 1 \330\ shall--
              (1) recognize the differing needs, desires, and
            capacities of the people of the respective developing
            countries and areas;
              (2) use the intellectual resources of such countries
            and areas in conjunction with assistance provided under
            this Act so as to encourage the development of
            indigenous institutions that meet their particular
            requirements for sustained economic and social
            progress; and
              (3) support civic education and training in skills
            required for effective participation in governmental
            and political processes essential to self-government.
        (c) \329\ In the allocation of funds for research under
    this chapter and chapter 1,\330\ emphasis shall be given to
    research designed to examine the political, social, and related
    obstacles to development in countries receiving assistance
    under part I of this Act. In particular, emphasis should be
    given to research designed to increase understanding of the
    ways in which development assistance can support democratic,
    social and political trends in recipient countries.\331\
    ---------------------------------------------------------------------------
        \331\ The last sentence was added by sec. 106(a) of the FA Act of
    1968.
    ---------------------------------------------------------------------------
        (d) \329\ Emphasis shall also be given to the evaluation of
    relevant past and current programs under part I of this Act and
    to applying this experience so as to strengthen their
    effectiveness in implementing the objectives of this title.
        (e) \332\ In order to carry out the purposes of this title,
    the agency primarily responsible for administering part I of
    this Act, shall develop systematic programs of inservice
    training to familiarize its personnel with the objectives of
    this title and to increase their knowledge of the political and
    social aspects of development. In addition to other funds
    available for such purposes, not to exceed 1 per centum of the
    funds authorized to be appropriated for grant assistance under
    this chapter and chapter 1 \330\ may be used for carrying out
    the objectives of this subsection.
    ---------------------------------------------------------------------------
        \332\ Subsec. (e) was added by sec. 106(b) of the FA Act of 1968.
    ---------------------------------------------------------------------------

    Title X--Programs Relating to Population Growth \333\ * * * [Repealed--
                                     1978]

     Title XI--Food Production Targets and Reports \334\ * * * [Repealed--
                                     1978]

           Title XII--Famine Prevention and Freedom From Hunger \335\

        Sec. 296.\335\ General Provisions.--(a) \336\ The Congress
    declares that, in order to achieve the mutual goals among
    nations of ensuring food security, human health, agricultural
    growth, trade expansion, and the wise and sustainable use of
    natural resources, the United States should mobilize the
    capacities of the United States land-grant universities, other
    eligible universities, and public and private partners of
    universities in the United States and other countries,
    consistent with sections 103 and 103A of this Act, for: (1)
    global research on problems affecting food, agriculture,
    forestry, and fisheries; (2) improved human capacity and
    institutional resource development for the global application
    of agricultural and related environmental sciences; (3)
    agricultural development and trade research and extension
    services in the United States and other countries to support
    the entry of rural industries into world markets; and (4)
    providing for the application of agricultural sciences to
    solving food, health, nutrition, rural income, and
    environmental problems, especially such problems in low-income,
    food deficit countries.
    ---------------------------------------------------------------------------
        \333\ Title X, as added by the FA Act of 1967, was repealed by sec.
    104(b) of the International Development and Food Assistance Act of 1978
    (Public Law 95-424; 92 Stat. 947).
        \334\ Title XI, as added by the FA Act of 1967, was repealed by
    sec. 502(d)(1) of the International Development and Food Assistance Act
    of 1978 (Public Law 95-424; 92 Stat. 959).
        \335\ 22 U.S.C. 2220a. Sec. 312 of Public Law 94-161 (89 Stat. 849)
    added title XII and new sec. 296.
        \336\ Sec. 2(a)(1) of the Famine Prevention and Freedom From Hunger
    Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1427) amended
    and restated the first sentence of subsec. (a). The sentence formerly
    read as follows:
        ``The Congress declares that, in order to prevent famine and
    establish freedom from hunger, the United States should strengthen the
    capacities of the United States land-grant and other eligible
    universities in program-related agricultural institutional development
    and research, consistent with sections 103 and 103A, should improve
    their participation in the United States Government's international
    efforts to apply more effective agricultural sciences to the goal of
    increasing world food production, and in general should provide
    increased and longer term support to the application of science to
    solving food and nutrition problems of the developing countries.''.
    ---------------------------------------------------------------------------
        The Congress so declares because it finds--
              (A) \337\ that the establishment, endowment, and
            continuing support of land-grant universities in the
            United States by Federal, State, and county governments
            has led to agricultural progress with and through the
            private sector in this country and to understanding
            processes of economic development; \338\
    ---------------------------------------------------------------------------
        \337\ Sec. 2(a)(2)(A) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1427)
    redesignated paras. (1) through (7) as subparas. (A) through (G),
    respectively. Sec. 2(a)(2)(E) of that Act struck out newly redesignated
    subparas. (E) and (G), which had read as follows:
        ``(E) that research, teaching, and extension activities, and
    appropriate institutional development therefor are prime factors in
    increasing agricultural production abroad (as well as in the United
    States) and in improving food distribution, storage, and marketing;
    ---------------------------------------------------------------------------
              * * * * * * *
    ---------------------------------------------------------------------------
        ``(G) that universities need a dependable source of Federal
    funding, as well as other financing, in order to expand, or in some
    cases to continue, their efforts to assist in increasing agricultural
    production in developing countries.''.
        \338\ Sec. 2(a)(2)(B) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1427)
    struck out ``in this country'' and inserted in lieu thereof ``with and
    through the private sector in this country and to understanding
    processes of economic development''.
    ---------------------------------------------------------------------------
              (B) \339\ that land-grant and other universities in
            the United States have demonstrated over many years
            their ability to cooperate with international agencies,
            educational and research institutions in other
            countries, the private sector, and nongovernmental
            organizations worldwide, in expanding global
            agricultural production, processing, business and
            trade, to the benefit of aid recipient countries and of
            the United States;
    ---------------------------------------------------------------------------
        \339\ Sec. 2(a)(2)(C) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1427)
    amended and restated subpara. (B). It formerly read as follows:
        ``(B) that land-grant and other universities in the United States
    have demonstrated over many years their ability to cooperate with
    foreign agricultural institutions in expanding indigenous food
    production for both domestic and international markets;''.
    ---------------------------------------------------------------------------
              (C) \340\ that, in a world of growing populations
            with rising expectations, increased food production and
            improved distribution, storage, and marketing in the
            developing countries is necessary not only to prevent
            hunger and ensure human health and child survival, but
            to build the basis for economic growth and trade, and
            the social security in which democracy and a market
            economy can thrive, and moreover, that the greatest
            potential for increasing world food supplies and
            incomes to purchase food is in the developing countries
            where the gap between food need and food supply is the
            greatest and current incomes are lowest;
    ---------------------------------------------------------------------------
        \340\ Sec. 2(a)(2)(D) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1428)
    amended and restated subpara. (C). It formerly read as follows:
        ``(C) that, in a world of growing population with rising
    expectations, increased food production and improved distribution,
    storage, and marketing in the developing countries is necessary not
    only to prevent hunger but to build the economic base for growth, and
    moreover, that the greatest potential for increasing world food
    supplies is in the developing countries where the gap between food need
    and food supply is the greatest and current yields are lowest;''.
    ---------------------------------------------------------------------------
              (D) \337\ that increasing and making more secure the
            supply of food is of greatest benefit to the poorest
            majority in the developing world;
              (E) \341\ that, with expanding global markets and
            increasing imports into many countries, including the
            United States, food safety and quality, as well as
            secure supply, have emerged as mutual concerns of all
            countries;
    ---------------------------------------------------------------------------
        \341\ Sec. 2(a)(2)(H) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1428)
    added subparas. (E) and (F).
    ---------------------------------------------------------------------------
              (F) \341\ that research, teaching, and extension
            activities, and appropriate institutional and policy
            development therefore are prime factors in improving
            agricultural production, food distribution, processing,
            storage, and marketing abroad (as well as in the United
            States);
              (G) \342\ moreover, that agricultural research abroad
            has in the past and will continue in the future to
            provide benefits for agriculture and the broader
            economy of the United States and that increasing the
            availability of food of higher nutritional quality is
            of benefit to all; \343\
    ---------------------------------------------------------------------------
        \342\ Sec. 2(a)(2)(F) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1428)
    struck out ``and'' at the end of this subpara.; subpara. (G) of that
    sec. redesignated this subpara. as subpara. (G).
        \343\ Sec. 2(a)(2)(I) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1428)
    struck out ``in the United States'' and inserted in lieu thereof ``and
    the broader economy of the United States''.
    ---------------------------------------------------------------------------
              (H) \344\ that there is a need to responsibly manage
            the world's agricultural and natural resources for
            sustained productivity, health and resilience to
            climate variability; and
    ---------------------------------------------------------------------------
        \344\ Sec. 2(a)(2)(J) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1428)
    added subparas. (H) and (I).
    ---------------------------------------------------------------------------
              (I) \344\ that universities and public and private
            partners of universities need a dependable source of
            funding in order to increase the impact of their own
            investments and those of their State governments and
            constituencies, in order to continue and expand their
            efforts to advance agricultural development in
            cooperating countries, to translate development into
            economic growth and trade for the United States and
            cooperating countries, and to prepare future teachers,
            researchers, extension specialists, entrepreneurs,
            managers, and decisionmakers for the world economy.
        (b) \345\ Accordingly, the Congress declares that, in order
    to prevent famine and establish freedom from hunger, the
    following components must be brought together in a coordinated
    program to increase world food and fiber production,
    agricultural trade, and responsible management of natural
    resources, including--
    ---------------------------------------------------------------------------
        \345\ Sec. 2(b) of the Famine Prevention and Freedom From Hunger
    Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1428) amended
    and restated subsec. (b). It formerly read as follows:
        ``(b) Accordingly, the Congress declares that, in order to prevent
    famine and establish freedom from hunger, various components must be
    brought together in order to increase world food production,
    including--
    ---------------------------------------------------------------------------

              ``(1) strengthening the capabilities of universities to
            assist in increasing agricultural production in developing
            countries;
              ``(2) institution-building programs for development of
            national and regional agricultural research and extension
            capacities in developing countries which need assistance;
              ``(3) international agricultural research centers;
              ``(4) contract research; and
              ``(5) research program grants.
              (1) continued efforts by the international
            agricultural research centers and other international
            research entities to provide a global network,
            including United States universities, for international
            scientific collaboration on crops, livestock, forests,
            fisheries, farming resources, and food systems of
            worldwide importance;
              (2) contract research and the implementation of
            collaborative research support programs and other
            research collaboration led by United States
            universities, and involving research systems in other
            countries focused on crops, livestock, forests,
            fisheries, farming resources, and food systems, with
            benefits to the United States and partner countries;
              (3) broadly disseminating the benefits of global
            agricultural research and development including
            increased benefits for United States agriculturally
            related industries through establishment of development
            and trade information and service centers, for rural as
            well as urban communities, through extension,
            cooperatively with, and supportive of, existing public
            and private trade and development related
            organizations;
              (4) facilitation of participation by universities and
            public and private partners of universities in programs
            of multilateral banks and agencies which receive United
            States funds;
              (5) expanding learning opportunities about global
            agriculture for students, teachers, community leaders,
            entrepreneurs, and the general public through
            international internships and exchanges, graduate
            assistantships, faculty positions, and other means of
            education and extension through long-term recurring
            Federal funds matched by State funds; and
              (6) competitive grants through universities to United
            States agriculturalists and public and private partners
            of universities from other countries for research,
            institution and policy development, extension,
            training, and other programs for global agricultural
            development, trade, and responsible management of
            natural resources.
        (c) The United States should--
              (1) effectively involve the United States land-grant
            and other eligible universities more extensively in
            each of the program components described in paragraphs
            (1) through (6) of subsection (b); \346\
    ---------------------------------------------------------------------------
        \346\ Sec. 2(c)(1) of the Famine Prevention and Freedom From Hunger
    Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1429) struck out
    ``each component'' and inserted in lieu thereof ``each of the program
    components described in paragraphs (1) through (6) of subsection (b)''.
    ---------------------------------------------------------------------------
              (2) provide mechanisms for the universities and
            public and private partners of universities \347\ to
            participate and advise in the planning, development,
            implementation, and administration of each component;
            \347\
    ---------------------------------------------------------------------------
        \347\ Sec. 2(c)(2)(A) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1429)
    inserted ``and public and private partners of universities'' after
    ``for the universities''. Sec. 2(c)(2)(B) of that Act struck out
    ``and'' at the end of para. (2).
    ---------------------------------------------------------------------------
              (3) assist such universities and public and private
            partners of universities \348\ in cooperative joint
            efforts with--
    ---------------------------------------------------------------------------
        \348\ Sec. 2(c)(3)(A) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1429)
    inserted ``and public and private partners of universities'' after
    ``such universities''.
    ---------------------------------------------------------------------------
                      (A) agricultural institutions in developing
                    nations; \349\
    ---------------------------------------------------------------------------
        \349\ Sec. 2(c)(3)(B) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1429)
    struck out ``, and'' and inserted in lieu thereof a semicolon.
    ---------------------------------------------------------------------------
                      (B) regional and international agricultural
                    research centers; \350\
    ---------------------------------------------------------------------------
        \350\ Sec. 2(c)(3)(C) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1429)
    replaced a comma with a semicolon. Sec. 2(c)(3)(D) of that Act struck
    out a phrase following subpara. (B), which had read as follows:
        ``directed to strengthening their joint and respective capabilities
    and to engage them more effectively in research, teaching, and
    extension activities for solving problems in food production,
    distribution, storage, marketing, and consumption in agriculturally
    underdeveloped nations.''.
    ---------------------------------------------------------------------------
                      (C) \351\ multilateral banks and agencies
                    receiving United States funds;
    ---------------------------------------------------------------------------
        \351\ Sec. 2(c)(2)(E) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1429)
    added subparas. (C), (D), and (E).
    ---------------------------------------------------------------------------
                      (D) \351\ development agencies of other
                    countries; and
                      (E) \351\ United States Government foreign
                    assistance and economic cooperation programs;
              (4) \352\ generally engage the United States
            university community more extensively in the
            agricultural research, trade, and development
            initiatives undertaken outside the United States, with
            the objectives of strengthening its capacity to carry
            out research, teaching, and extension activities for
            solving problems in food production, processing,
            marketing, and consumption in agriculturally developing
            nations, and for transforming progress in global
            agricultural research and development into economic
            growth, trade, and trade benefits for aid recipient
            countries and United States communities and industries,
            and for the wise use of natural resources; and
    ---------------------------------------------------------------------------
        \352\ Sec. 2(c)(4) of the Famine Prevention and Freedom From Hunger
    Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430) added
    paras. (4) and (5).
    ---------------------------------------------------------------------------
              (5) \352\ ensure that all federally funded support to
            universities and public and private partners of
            universities relating to the goals of this title is
            periodically reviewed for its performance.
        (d) As used in this title, the term ``universities'' means
    those colleges or universities in each State, territory, or
    possession of the United States, or the District of Columbia,
    now receiving, or which may hereafter receive, benefits under
    the Act of July 2, 1862 (known as the First Morrill Act), or
    the Act of August 30, 1890 (known as the Second Morrill Act),
    which are commonly known as ``land-grant'' universities;
    institutions now designated or which may hereafter be
    designated as sea-grant colleges under the Act of October 15,
    1966 (known as the National Sea Grant College and Program Act),
    which are commonly known as sea-grant colleges; Native American
    land-grant colleges as authorized under the Equity in
    Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note);
    \353\ and other United States colleges and universities which--
    ---------------------------------------------------------------------------
        \353\ Sec. 2(d)(1) of the Famine Prevention and Freedom From Hunger
    Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430) inserted
    ````Native American land-grant colleges as authorized under the Equity
    in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note);''
    after ``sea-grant colleges;''.
    ---------------------------------------------------------------------------
              (1) have demonstrable capacity in teaching, research,
            and extension (including outreach) \354\ activities in
            the agricultural sciences; and
    ---------------------------------------------------------------------------
        \354\ Sec. 2(d)(2) of the Famine Prevention and Freedom From Hunger
    Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430) struck out
    ``extension'' and inserted in lieu thereof ``extension (through
    outreach)''.
    ---------------------------------------------------------------------------
              (2) can contribute effectively to the attainment of
            the objective of this title.
        (e) As used in this title, the term ``Administrator'' means
    the Administrator of the United States \355\ Agency for
    International Development.\356\
    ---------------------------------------------------------------------------
        \355\ Sec. 2(e) of the Famine Prevention and Freedom From Hunger
    Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430) inserted
    ``United States'' before ``Agency''.
        \356\ Sec. 6 of Reorganization Plan No. 2 of 1979 (establishing
    IDCA), transferred all responsibilities and functions vested in this
    subsection from the Administrator to the Director of IDCA. The
    Reorganization Plan No. 2 of 1979 ceased to be effective with enactment
    of the Foreign Affairs Reform and Restructuring Act of 1998, pursuant
    to sec. 1422(a)(1) (division G of Public Law 105-277; 112 Stat. 2681).
    ---------------------------------------------------------------------------
        (f) \357\ As used in this title, the term ``public and
    private partners of universities'' includes entities that have
    cooperative or contractual agreements with universities, which
    may include formal or informal associations of universities,
    other education institutions, United States Government and
    State agencies, private voluntary organizations,
    nongovernmental organizations, firms operated for profit,
    nonprofit organizations, multinational banks, and, as
    designated by the Administrator, any organization, institution,
    or agency incorporated in other countries.
    ---------------------------------------------------------------------------
        \357\ Added by sec. 2(f) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430).
        Former subsecs. (f) and (g), which defined the terms
    ``agriculture'' and ``farmers,'' were repealed in 1978 by sec. 103(c)
    of the International Development and Food Assistance Act of 1978
    (Public Law 95-424; 92 Stat. 945). Similar definitions for these terms
    can now be found in sec. 644 (o) and (p) of this Act.
    ---------------------------------------------------------------------------
        (g) \358\ As used in this title, the term ``agriculture''
    includes the science and practice of activity related to food,
    feed, and fiber production, processing, marketing,
    distribution, utilization, and trade, and also includes family
    and consumer sciences, nutrition, food science and engineering,
    agricultural economics and other social sciences, forestry,
    wildlife, fisheries, aquaculture, floraculture, veterinary
    medicine, and other environmental and natural resources
    sciences.
    ---------------------------------------------------------------------------
        \358\ Added by sec. 2(g) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430).
    ---------------------------------------------------------------------------
        (h) \359\ As used in this title, the term
    ``agriculturists'' includes farmers, herders, and livestock
    producers, individuals who fish and others employed in
    cultivating and harvesting food resources from salt and fresh
    waters, individuals who cultivate trees and shrubs and harvest
    nontimber forest products, as well as the processors, managers,
    teachers, extension specialists, researchers, policymakers, and
    others who are engaged in the food, feed, and fiber system and
    its relationships to natural resources.
    ---------------------------------------------------------------------------
        \359\ Sec. 2(h) of the Famine Prevention and Freedom From Hunger
    Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430) added
    subsec. (h).
    ---------------------------------------------------------------------------
        Sec. 297.\360\ General Authority.--(a) To carry out the
    purposes of this title, the President is authorized to provide
    assistance on such terms and conditions as he shall determine--
    ---------------------------------------------------------------------------
        \360\ 22 U.S.C. 2220b. Sec. 297 was added by sec. 312 of Public Law
    94-161 (89 Stat. 849).
    ---------------------------------------------------------------------------
              (1) \361\ to implement program components through
            United States universities as authorized by paragraphs
            (2) through (5) of this subsection;
    ---------------------------------------------------------------------------
        \361\ Sec. 3(a)(1) of the Famine Prevention and Freedom From Hunger
    Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431) amended
    and restated para. (1). It formerly read as follows:
        ``(1) to strengthen the capabilities of universities in teaching,
    research, and extension work to enable them to implement current
    programs authorized by paragraphs (2), (3), (4), and (5) of this
    subsection, and those proposed in the report required by section 300 of
    this title;''.
    ---------------------------------------------------------------------------
              (2) to build and strengthen the institutional
            capacity and human resources skills of agriculturally
            developing countries so that these countries may
            participate more fully in the international
            agricultural problem-solving effort and to introduce
            and adapt new solutions to local circumstances;
              (3) \362\ to provide long-term program support for
            United States university global agricultural and
            related environmental collaborative research and
            learning opportunities for students, teachers,
            extension specialists, researchers, and the general
            public;
    ---------------------------------------------------------------------------
        \362\ Sec. 3(a)(2) of the Famine Prevention and Freedom From Hunger
    Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431) amended
    and restated para. (3). It formerly read, as amended, as follows:
        ``(3) to provide program support for long-term collaborative
    university research, in the developing countries themselves to the
    maximum extent practicable, on food production, distribution, storage,
    marketing and consumption;''.
    ---------------------------------------------------------------------------
              (4) to involve United States \363\ universities more
            fully in the international network of agricultural
            science, including the international agricultural \364\
            research centers, the activities of international
            organizations such as the United Nations Development
            Program and the Food and Agriculture Organization,
            multilateral banks, the institutions of agriculturally
            developing nations, and United States and foreign
            nongovernmental organizations supporting extension and
            other productivity-enhancing programs; \365\ and
    ---------------------------------------------------------------------------
        \363\ Sec. 3(a)(3)(A) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431)
    inserted ``United States'' before ``universities''.
        \364\ Sec. 3(a)(3)(B) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431)
    inserted ``agricultural'' before ``research centers''.
        \365\ Sec. 3(a)(3)(C) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431)
    struck out ``and the institutions of agriculturally developing
    nations'' and inserted in lieu thereof ``multilateral banks, the
    institutions of agriculturally developing nations, and United States
    and foreign nongovernmental organizations supporting extension and
    other productivity-enhancing programs''.
    ---------------------------------------------------------------------------
              (5) to provide program support for international
            agricultural research centers, to provide support for
            research projects identified for specific problem-
            solving needs, and to develop and strengthen national
            research systems in the developing countries.
        (b) Programs under this title shall be carried out so as
    to--
              (1) utilize and strengthen the capabilities of United
            States universities with public and private partners of
            universities \366\ in--
    ---------------------------------------------------------------------------
        \366\ Sec. 3(b)(1)(A) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431)
    struck out ``universities'' and inserted in lieu thereof ``United
    States universities with public and private partners of universities''.
    ---------------------------------------------------------------------------
                      (A) developing capacity in the cooperating
                    nation for classroom teaching in agriculture,
                    plant and animal sciences, human nutrition, and
                    vocational and domestic arts and other relevant
                    fields appropriate to local needs;
                      (B) agricultural research to be conducted in
                    the cooperating nations, at international
                    agricultural research centers, or in the United
                    States;
                      (C) the planning, initiation, and development
                    of extension services through which information
                    concerning agriculture, environment,\367\ and
                    related subjects will be made available
                    directly to agriculturalists \368\ in the
                    agriculturally developing nations by means of
                    education and demonstration; or
    ---------------------------------------------------------------------------
        \367\ Sec. 3(b)(1)(B)(i) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431)
    inserted ``, environment,'' before ``and related''.
        \368\ Sec. 3(b)(1)(B)(ii) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431)
    struck out ``farmers and farm families'' and inserted in lieu thereof
    ``agriculturalists''.
    ---------------------------------------------------------------------------
                      (D) the exchange of educators, scientists,
                    and students for the purpose of assisting in
                    successful development in the cooperating
                    nations;
              (2) take into account the value to the United States
            agriculture of such programs, integrating to the extent
            practicable the programs and financing authorized under
            this title with those supported by other Federal or
            State resources, including resources of the private
            sector,\369\ so as to maximize the contribution to the
            development of agriculture in the United States and in
            agriculturally developing nations; and
    ---------------------------------------------------------------------------
        \369\ Sec. 3(b)(2) of the Famine Prevention and Freedom From Hunger
    Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431) inserted
    ``, including resources of the private sector,'' after ``Federal or
    State resources''.
    ---------------------------------------------------------------------------
              (3) whenever practicable, build on existing programs
            and institutions including those of the universities,
            the Department of Agriculture, State agricultural
            agencies, the Department of Commerce, the Department of
            the Interior, the Environmental Protection Agency, the
            Office of the United States Trade Representative, the
            Food and Drug Administration, other appropriate Federal
            agencies, and appropriate nongovernmental and business
            organizations.\370\
    ---------------------------------------------------------------------------
        \370\ Sec. 3(b)(1)(A) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431)
    struck out ``and the United States Department of Agriculture and the
    United States Department of Commerce.'' and inserted in lieu thereof
    ``, the Department of Agriculture, State agricultural agencies, the
    Department of Commerce, the Department of the Interior, the
    Environmental Protection Agency, the Office of the United States Trade
    Representative, the Food and Drug Administration, other appropriate
    Federal agencies, and appropriate nongovernmental and business
    organizations.''.
    ---------------------------------------------------------------------------
        (c) \371\ To the maximum extent practicable, activities
    under this section shall--
    ---------------------------------------------------------------------------
        \371\ Subsec. (c) was amended and restated by sec. 113(2) of the
    International Development Cooperation Act of 1979 (Public Law 96-53; 93
    Stat. 364). It formerly read as follows:
        ``(c) To the maximum extent practicable, activities under this
    section shall (1) be designed to achieve the most effective
    interrelationship among the teaching of agricultural sciences,
    research, and extension work, (2) joins primarily on the needs of
    agricultural producers, (3) be adapted to local circumstances, and (4)
    be carried out within the developing countries.''
    ---------------------------------------------------------------------------
              (1) be directly related to the food and agricultural
            needs of developing countries;
              (2) \372\ focus primarily on the needs of
            agricultural producers, rural families, processors,
            traders, consumers, and natural resources managers;
    ---------------------------------------------------------------------------
        \372\ Sec. 3(c)(1) of the Famine Prevention and Freedom From Hunger
    Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431) amended
    and restated para. (2). It formerly read as follows:
        ``(2) be carried out within the developing countries;''.
    ---------------------------------------------------------------------------
              (3) be adapted to local circumstances;
              (4) \373\ be carried out within the developing
            countries and transition countries comprising newly
            emerging democracies and newly liberalized economies;
            and
    ---------------------------------------------------------------------------
        \373\ Sec. 3(c)(2) of the Famine Prevention and Freedom From Hunger
    Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) amended
    and restated para. (4). It formerly read as follows:
        ``(4) provide for the most effective interrelationship between
    research, education, and extension in promoting agricultural
    development in developing countries; and''.
    ---------------------------------------------------------------------------
              (5) emphasize the improvement of local systems for
            delivering the best available knowledge to the small
            farmers of such countries.
        (d) The President shall exercise his authority under this
    section through the Administrator.\374\
    ---------------------------------------------------------------------------
        \374\ This authority of the Administrator was transferred to the
    Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of
    1979 (establishing IDCA). The Reorganization Plan No. 2 of 1979 ceased
    to be effective with enactment of the Foreign Affairs Reform and
    Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of
    Public Law 105-277; 112 Stat. 2681).
    ---------------------------------------------------------------------------
        (e) \375\ The Administrator shall establish and carry out
    special programs under this title as part of ongoing programs
    for child survival, democratization, development of free
    enterprise, environmental and natural resource management, and
    other related programs.
    ---------------------------------------------------------------------------
        \375\ Sec. 3(d) of the Famine Prevention and Freedom From Hunger
    Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) added
    subsec. (e).
    ---------------------------------------------------------------------------
        Sec. 298.\376\ Board for International Food and
    Agricultural Development.--(a) To assist in the administration
    of the programs authorized by this title, the President shall
    establish a permanent Board for International Food and
    Agricultural Development (hereafter in this title referred to
    as the ``Board'') consisting of seven members, not less than
    four to be selected from the universities. Terms of members
    shall be set by the President at the time of appointment.
    Members of the Board shall be entitled to such reimbursement
    for expenses incurred in the performance of their duties
    (including per diem in lieu of subsistence while away from
    their homes or regular place of business) as the President
    deems appropriate on a case-by-case basis.\377\
    ---------------------------------------------------------------------------
        \376\ 22 U.S.C. 2220c. Sec. 298 was added by sec. 312 of Public Law
    94-161 (89 Stat. 849).
        \377\ Sec. 4(a) of the Famine Prevention and Freedom From Hunger
    Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) inserted
    ``on a case-by-case basis''.
    ---------------------------------------------------------------------------
        (b) \378\ The Board's general areas of responsibility shall
    include participating in the planning, development, and
    implementation of, initiating recommendations for, and
    monitoring, the activities described in section 297 of this
    title.
    ---------------------------------------------------------------------------
        \378\ Sec. 4(b) of the Famine Prevention and Freedom From Hunger
    Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) amended
    and restated subsec. (b). It formerly read as follows:
        ``(b) The Board's general areas of responsibility shall include,
    but not be limited to--
    ---------------------------------------------------------------------------

              ``(1) participating in the planning, development, and
            implementation of,
              ``(2) initiating recommendations for, and
              ``(3) monitoring of,
    ---------------------------------------------------------------------------
        the activities described in section 297 of this title.''.
    ---------------------------------------------------------------------------
        (c) The Board's duties shall include, but not necessarily
    be limited to--
              (1) participating in the formulation of basic policy,
            procedures, and criteria for project proposal review,
            selection, and monitoring;
              (2) developing and keeping current a roster of
            universities--
                      (A) interested in exploring their potential
                    for collaborative relationships with
                    agricultural institutions, and with scientists
                    working on significant programs designed to
                    improve agricultural production, trade, and
                    natural resource management in developing
                    countries, and with private organizations
                    seeking to increase agricultural production and
                    trade, natural resources management, and
                    household food security in developing and
                    transition countries; \379\
    ---------------------------------------------------------------------------
        \379\ Sec. 4(c)(1)(A) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432)
    struck out ``increase food production in developing countries,'' and
    inserted in lieu thereof ``improve agricultural production, trade, and
    natural resource management in developing countries, and with private
    organizations seeking to increase agricultural production and trade,
    natural resources management, and household food security in developing
    and transition countries;''.
    ---------------------------------------------------------------------------
                      (B) having capacity in the agricultural,
                    environmental, and related social \380\
                    sciences,
    ---------------------------------------------------------------------------
        \380\ Sec. 4(c)(1)(B) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432)
    inserted ``, environmental, and related social'' before ``sciences''.
    ---------------------------------------------------------------------------
                      (C) able to maintain an appropriate balance
                    of teaching, research, and extension functions,
                      (D) having capacity, experience, and
                    commitment with respect to international
                    agricultural efforts, and
                      (E) able to contribute to solving the
                    problems addressed by this title;
              (3) recommending which developing nations could
            benefit from programs carried out under this title, and
            identifying those nations which have an interest in
            establishing or developing agricultural institutions
            which engage in teaching, research, or extension
            activities;
              (4) reviewing and evaluating memorandums of
            understanding or other documents that detail the terms
            and conditions between the Administrator and
            universities and their partners \381\ participating in
            programs under this title;
    ---------------------------------------------------------------------------
        \381\ Sec. 4(c)(2) of the Famine Prevention and Freedom From Hunger
    Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) inserted
    ``and their partners'' after ``Administrator and universities''.
    ---------------------------------------------------------------------------
              (5) reviewing and evaluating agreements and
            activities authorized by this title and undertaken by
            universities and public and private partners of
            universities \382\ to assure compliance with the
            purposes of this title;
    ---------------------------------------------------------------------------
        \382\ Sec. 4(c)(3) of the Famine Prevention and Freedom From Hunger
    Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) inserted
    ``and public and private partners of universities'' after
    ``universities''.
    ---------------------------------------------------------------------------
              (6) \383\ recommending to the Administrator the
            apportionment of funds under section 297 of this title;
            \384\
    ---------------------------------------------------------------------------
        \383\ This function of the Administrator was transferred to the
    Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of
    1979 (establishing IDCA). The Reorganization Plan No. 2 of 1979 ceased
    to be effective with enactment of the Foreign Affairs Reform and
    Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of
    Public Law 105-277; 112 Stat. 2681).
        \384\ Sec. 4(c)(4) of the Famine Prevention and Freedom From Hunger
    Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) struck out
    ``and'' at the end of para. (6).
    ---------------------------------------------------------------------------
              (7) assessing the impact of programs carried out
            under this title in solving agricultural problems and
            natural resource issues in the developing nations,
            assuring efficiency in use of Federal resources,
            including in accordance with the Governmental \385\
            Performance and Results Act of 1993 (Public Law 103-62;
            107 Stat. 285), and the amendments made by that Act;
            \386\
    ---------------------------------------------------------------------------
        \385\ As enrolled. Should read ``Government''.
        \386\ Sec. 4(c)(5) of the Famine Prevention and Freedom From Hunger
    Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) struck out
    ``in the developing nations.'' and inserted in lieu thereof ``and
    natural resource issues in the developing nations, assuring efficiency
    in use of Federal resources, including in accordance with the
    Governmental [sic] Performance and Results Act of 1993 (Public Law 103-
    62; 107 Stat. 285), and the amendments made by that Act;''.
    ---------------------------------------------------------------------------
              (8) \387\ developing information exchanges and
            consulting regularly with nongovernmental
            organizations, consumer groups, producers,
            agribusinesses and associations, agricultural
            cooperatives and commodity groups, State departments of
            agriculture, State agricultural research and extension
            agencies, and academic institutions;
    ---------------------------------------------------------------------------
        \387\ Sec. 4(c)(6) of the Famine Prevention and Freedom From Hunger
    Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) added
    paras. (8), (9), and (10).
    ---------------------------------------------------------------------------
              (9) \387\ investigating and resolving issues
            concerning implementation of this title as requested by
            universities; and
              (10) \387\ advising the Administrator on any and all
            issues as requested.
        (d) The President may authorize the Board to create such
    subordinate units as may be necessary for the performance of
    its duties, including but not limited to the following:
              (1) a Joint Policy \388\ Committee to participate in
            the design \389\ and development of the collaborative
            activities described in section 297; \390\ and
    ---------------------------------------------------------------------------
        \388\ Sec. 4(d)(1)(A) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1433)
    struck out`` Research'' and inserted in lieu thereof ``Policy''.
        \389\ Sec. 4(d)(1)(B) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1433)
    struck out ``administration'' and inserted in lieu thereof ``design''.
        \390\ Sec. 4(d)(1)(C) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat.
    1433)struck out ``section 297(a)(3) of this title'' and inserted in
    lieu thereof ``section 297''.
    ---------------------------------------------------------------------------
              (2) a Joint Operations Committee \391\ which shall
            assist in and advise on the mechanisms and processes
            for implementation of activities described in section
            297.\392\
    ---------------------------------------------------------------------------
        \391\ Sec. 4(d)(2)(A) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1433)
    struck out ``Joint Committee on Country Programs'' and inserted in lieu
    thereof ``Joint Operations Committee''.
        \392\ Sec. 4(d)(2)(B) of the Famine Prevention and Freedom From
    Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1433)
    struck out ``which shall assist in the implementation of the bilateral
    activities described in sections 297(a)(2), 297(a)(4), and 297(a)(5).''
    and inserted in lieu thereof ``which shall assist in and advise on the
    mechanisms and processes for implementation of activities described in
    section 297.''.
    ---------------------------------------------------------------------------
        (e) In addition to any other functions assigned to and
    agreed to by the Board, the Board shall be consulted in the
    preparation of the annual report required by section 300 of
    this title and on other agricultural development activities
    related to programs under this title.
        Sec. 299.\393\ Authorization.--(a) The President is
    authorized to use any of the funds hereafter made available
    under section 103 of this Act to carry out the purposes of this
    title. Funds made available for such purposes may be used
    without regard to the provisions of sections 110(b) and 122(d)
    \394\ of this Act.
    ---------------------------------------------------------------------------
        \393\ 22 U.S.C. 2220d. Sec. 299 was added by sec. 312 of Public Law
    94-161 (89 Stat. 849).
        \394\ The references to ``110(b) and 122(d)'' were inserted in lieu
    of ``110(b), 211(a), and 211(d)'' by sec. 102(c)(2) of the
    International Development and Food Assistance Act of 1978 (Public Law
    95-424; 92 Stat. 941).
    ---------------------------------------------------------------------------
        (b) Foreign currencies owned by the United States and
    determined by the Secretary of the Treasury to be excess to the
    needs of the United States shall be used to the maximum extent
    possible in lieu of dollars in carrying out the provisions of
    this title.
        (c) Assistance authorized under this title shall be in
    addition to any allotments or grants that may be made under
    other authorizations.
        (d) Universities may accept and expend funds from other
    sources, public and private, in order to carry out the purposes
    of this title. All such funds, both prospective and inhand,
    shall be periodically disclosed to the Administrator as he
    shall by regulation require, but no less often than in an
    annual report.\395\
    ---------------------------------------------------------------------------
        \395\ This function of the Administrator was transferred to the
    Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of
    1979 (establishing IDCA). The Reorganization Plan No. 2 of 1979 ceased
    to be effective with enactment of the Foreign Affairs Reform and
    Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of
    Public Law 105-277; 112 Stat. 2681).
    ---------------------------------------------------------------------------
        Sec. 300.\396\ Annual Report.--The President shall transmit
    to the Congress, not later than September 1 \397\ of each year,
    a report detailing the activities carried out pursuant to this
    title during the preceding fiscal year and containing a
    projection of programs and activities to be conducted during
    the subsequent five fiscal years. Each report shall contain a
    summary of the activities of the Board established pursuant to
    section 298 of this title and may include the separate views of
    the Board with respect to any aspect of the programs conducted
    or proposed to be conducted under this title.
    ---------------------------------------------------------------------------
        \396\ 22 U.S.C. 2220e. Sec. 300 was added by sec. 312 of Public Law
    94-161 (89 Stat. 849).
        Sec. 3003(a)(1) of the Federal Reports Elimination and Sunset Act
    of 1995 (Public Law 104-66; 31 U.S.C. 1113 note), as amended, provided
    that ``each provision of law requiring the submittal to Congress (or
    any committee of the Congress) of any annual, semiannual, or other
    regular periodic report specified * * * shall cease to be effective,
    with respect to that requirement, May 15, 2000.'', and is applicable to
    this section.
        \397\ Sec. 5 of the Famine Prevention and Freedom From Hunger
    Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1433) struck out
    ``April 1'' and inserted in lieu thereof ``September 1''.
    ---------------------------------------------------------------------------

              Chapter 3--International Organizations and Programs

        Sec. 301.\398\ General Authority.--(a) When he determines
    it to be in the national interest, the President is authorized
    to make voluntary contributions on a grant basis to
    international organizations and to programs administered by
    such organizations, and in the case of the Indus Basin
    Development Fund administered by the International Bank for
    Reconstruction and Development to make grants and loans payable
    as to principal and interest in United States dollars and
    subject to the provisions of section 122(b),\399\ on such terms
    and conditions as he may determine, in order to further the
    purposes of this part.
    ---------------------------------------------------------------------------
        \398\ 22 U.S.C. 2221.
        \399\ The words to this point, beginning with ``, and in the case
    of the Indus Basin'', were added by sec. 107(a) of the FA Act of 1966.
    The reference to sec. 122(b) was substituted in lieu of a reference to
    sec. 201(d) by the International Development and Food Assistance Act of
    1978 (Public Law 95-424; 92 Stat. 941).
    ---------------------------------------------------------------------------
        (b) \400\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \400\ Subsec. (b), as amended by sec. 107(b) of the FA Act of 1966,
    was repealed by sec. 734(a)(1) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    It formerly read as follows:
        ``(b) Contributions to the United Nations Development Program for
    the calendar years succeeding 1961 may not exceed forty per centum of
    the total amount contributed for such purposes (including assessed and
    audited local costs) for each such year. The President shall seek to
    assure that no contribution to the United Nations Development Program
    authorized by this Act shall be used for projects for economic or
    technical assistance to the Government of Cuba, so long as Cuba is
    governed by the Castro regime.''.
    ---------------------------------------------------------------------------
        (c) \401\ No contributions by the United States shall be
    made to the United Nations Relief and Works Agency for
    Palestine Refugees in the Near East except on the condition
    that the United Nations Relief and Works Agency take all
    possible measures to assure that no part of the United States
    contribution shall be used to furnish assistance to any refugee
    who is receiving military training as a member of the so-called
    Palestine Liberation Army or any other guerrilla type
    organization or who has engaged in any act of terrorism.
    ---------------------------------------------------------------------------
        \401\ Subsec. (c) was amended by sec. 108(a) of the FA Act of 1969.
    It formerly read as follows: ``(c) In determining whether or not to
    continue furnishing assistance for Palestine refugees in the Near East
    through contributions to the United Nations Relief and Works agency for
    Palestine Refugees in the Near East, the President shall take into
    account (1) whether Israel and the Arab host governments are taking
    steps toward the resettlement and repatriation of such refugees, and
    (2) the extent and success of efforts by the Agency and the Arab host
    governments to rectify the Palestine refugee relief rolls.
    Contributions by the United States for the fiscal year 1967 shall not
    exceed $13,300,000. No contributions under this subsection shall be
    made except on the condition that the United Nations Relief and Works
    Agency take all possible measures to assure that no part of the United
    States contribution shall be used to furnish assistance to any refugee
    who is receiving military training as a member of the so-called
    Palestine Liberation Army.''.
    ---------------------------------------------------------------------------
        (d) \402\ In any case in which a fund established solely by
    United States contributions under this or any other Act is
    administered by an international organization under the terms
    of an agreement between the United States and such
    international organization, such agreement shall provide that
    the Comptroller General of the United States shall conduct such
    audits as are necessary to assure that such fund is
    administered in accordance with such agreement. The President
    shall undertake to modify any existing agreement entered into
    before the date of enactment of this subsection to conform to
    the requirements of the preceding sentence. The Comptroller
    General shall report simultaneously to the Congress and the
    President the results of the audit conducted under this
    subsection.\403\
    ---------------------------------------------------------------------------
        \402\ Subsec. (d) was added by sec. 110(a) of the FA Act of 1967.
        \403\ This sentence was added by sec. 701(a) of the International
    Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
    Stat. 3156).
    ---------------------------------------------------------------------------
        (e) \404\ (1) In the case of the United Nations and its
    affiliated organizations, including the International Atomic
    Energy Agency, the President shall, acting through the United
    States representative to such organizations, propose and
    actively seek the establishment by the governing authorities of
    such organizations of external, professionally qualified groups
    \405\ of appropriate size for the purpose of providing an
    independent and continuous program of selective examinations,
    review, evaluation, and audits \406\ of the programs and
    activities of such organizations. Such proposal shall provide
    that such groups \405\ shall be established in accordance with
    such terms of reference as such governing authority may
    prescribe and that the reports of such groups \405\ on each
    examination, review, evaluation or audits \406\ shall be
    submitted directly to such governing authority for transmittal
    to the representative of each individual member nation. Such
    proposal shall further include a statement of auditing and
    reporting standards, as prepared by the Comptroller General of
    the United States, for the consideration of the governing
    authority of the international organization concerned to assist
    in formulating terms of reference for such review and
    evaluation groups.\405\
    ---------------------------------------------------------------------------
        \404\ Subsec. (e) was added by sec. 9(1) of the FA Act of 1973.
        \405\ The reference to external groups was inserted in lieu of a
    reference to a single group by sec. 702(b) of the International
    Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
    Stat. 3156). All other references in subsec. (e) to these groups were
    also made plural by sec. 702(b).
        \406\ The reference to an audit was added by sec. 702(b) of the
    International Security and Development Cooperation Act of 1980 (Public
    Law 96-533; 94 Stat. 3156).
    ---------------------------------------------------------------------------
        (2) In the case of the International Bank for
    Reconstruction and Development and the Asian Development Bank,
    the President shall, acting through the United States
    representative to such organizations, propose and actively seek
    the establishment by the governing authorities of such
    organizations professionally qualified groups of appropriate
    size for the purpose of providing an independent and continuous
    program of selective examination, review, evaluation, and
    audits \406\ of the programs and activities of such
    organizations. Such proposal shall provide that such groups
    shall be established in accordance with such terms of reference
    as such governing authorities may prescribe, and that the
    reports of such groups on each examination, review, evaluation,
    or audit \406\ shall be submitted directly to such governing
    authority for transmittal to the representative of each
    individual member nation. Such proposal shall further include a
    statement of auditing and reporting standards, as prepared by
    the Comptroller General of the United States, for the
    consideration of the governing authority of the international
    organization concerned to assist in formulating terms of
    reference for such review and evaluation groups.
        (3) \407\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \407\ Par. (3), as added by sec. 9(1) of the FA Act of 1973 and
    amended by sec. 702(b)(6) of Public Law 96-533, was repealed by sec.
    734(a)(1) of the International Security and Development Cooperation Act
    of 1981 (Public Law 97-113; 95 Stat. 1560). Par. (3) had required that
    the U.S. representatives to these international organizations submit
    any reports they received under this subsection to the President for
    transmittal to Congress and the Comptroller General. The Comptroller
    General was also directed to periodically review these reports and
    submit any appropriate suggestions to the Congress and the President.
    ---------------------------------------------------------------------------
        (f) \408\ The President is hereby authorized to permit
    United States participation in the International Fertilizer
    Development Center and is authorized to use any of the funds
    made available under this part for the purpose of furnishing
    assistance to the Center on such terms and conditions as he may
    determine.
    ---------------------------------------------------------------------------
        \408\ Subsec. (f) was added by sec. 313(c) of Public Law 94-161 (89
    Stat. 849).
    ---------------------------------------------------------------------------
        (g) \409\ It is the sense of the Congress that the
    President should instruct the appropriate representatives of
    the United States to the United Nations to encourage the
    specialized agencies of the United Nations to transfer the
    funding of technical assistance programs carried out by such
    agencies to the United Nations Development Program.
    ---------------------------------------------------------------------------
        \409\ Subsec. (g) was added by sec. 117(d) of the International
    Development and Food Assistance Act of 1978 (Public Law 95-424; 92
    Stat. 953).
    ---------------------------------------------------------------------------
        (h) \410\ The President is authorized to permit the United
    States to participate in and to use any of the funds made
    available under this part after the date of enactment of this
    subsection for the purpose of furnishing assistance (on such
    terms and conditions as the President may determine) to the
    International Food Policy Research Institute.
    ---------------------------------------------------------------------------
        \410\ Subsec. (h) was added by sec. 311(a) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1560).
    ---------------------------------------------------------------------------
        Sec. 302.\411\ Authorization.--(a)(1) There are authorized
    to be appropriated to the President $270,000,000 for fiscal
    year 1986 and $236,084,000 for fiscal year 1987 \412\ for
    grants to carry out the purposes of this chapter, in addition
    to funds available under other Acts for such purposes. Of the
    amount appropriated for each of the fiscal years 1986 and 1987
    pursuant to these authorizations--
    ---------------------------------------------------------------------------
        \411\ 22 U.S.C. 2222.
        \412\ The amount $236,084,000 was substituted in lieu of the amount
    $275,000,000 by sec. 404 of Public Law 99-529 (100 Stat. 3010).
        The authorization figures and earmarkings for fiscal years 1986 and
    1987 were added by sec. 402(a) of the International Security and
    Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190).
        Authorizations under sec. 302 during recent years included the
    following: fiscal year 1975--$165,000,000; fiscal year 1976--
    $195,500,000; fiscal year 1977--$219,900,000; fiscal year 1978--
    $252,000,000; fiscal year 1979--$285,450,000; fiscal year 1980--
    $267,280,000; fiscal year 1981--$233,350,000; fiscal year 1982--
    $218,600,000; fiscal year 1983--$218,600,000; fiscal year 1984--
    $266,214,000; fiscal year 1985--no authorization; fiscal years 1988
    through 2000--no authorization. No general authorization for fiscal
    year 2001; see, however, subsec. (k).
        Congress did not enact an authorization for fiscal year 2001.
    Instead, the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000,
    enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat.
    1900), waived the requirements for authorization, and title IV of that
    Act provided the following:
    ---------------------------------------------------------------------------

                   ``INTERNATIONAL ORGANIZATIONS AND PROGRAMS
    ---------------------------------------------------------------------------
        ``For necessary expenses to carry out the provisions of section 301
    of the Foreign Assistance Act of 1961, and of section 2 of the United
    Nations Environment Program Participation Act of 1973, $186,000,000:
    Provided, That none of the funds appropriated under this heading shall
    be made available for the United Nations Fund for Science and
    Technology: Provided further, That not less than $5,000,000 should be
    made available to the World Food Program: Provided further, That none
    of the funds appropriated under this heading may be made available to
    the Korean Peninsula Energy Development Organization (KEDO) or the
    International Atomic Energy Agency (IAEA).''.
        See also paragraph on AID child survival and disease programs fund
    in title II; paragraph on development assistance providing funding for
    the International Fund for Agricultural Development in title II;
    paragraph on nonproliferation, anti-terrorism, demining and related
    programs in title II; sec. 515, relating to notification requirements;
    sec. 516, relating to limiting the availability of funds for
    international organizations and programs; sec. 522, relating to child
    survival and disease prevention activities; sec. 523, relating to
    prohibiting indirect funding to certain countries; sec. 535, relating
    to funding for the international fund for agricultural development;
    sec. 560, relating to restrictions on voluntary contributions to U.N.
    agencies; and sec. 585, relating to contributions to the U.N.
    Population Fund.
    ---------------------------------------------------------------------------
              (A) 59.65 percent shall be for the United Nations
            Development Program;
              (B) 19.30 percent shall be for the United Nations
            Children's Fund;
              (C) 7.20 percent shall be for the International
            Atomic Energy Agency, except that these funds may be
            contributed to that Agency only if the Secretary of
            State determines (and so reports to the Congress) that
            Israel is not being denied its right to participate in
            the activities of that Agency;
              (D) 5.44 percent shall be for Organization of
            American States development assistance programs;
              (E) 3.51 percent shall be for the United Nations
            Environment Program;
              (F) 0.70 percent shall be for the World
            Meteorological Organization;
              (G) 0.70 percent shall be for the United Nations
            Capital Development Fund;
              (H) 0.35 percent shall be for the United Nations
            Education and Training Program for Southern Africa;
              (I) 0.18 percent shall be for the United Nations
            Voluntary Fund for the Decade for Women;
              (J) 0.07 percent shall be for the Convention on
            International Trade in Endangered Species;
              (K) 0.70 percent shall be for the World Food Program;
              (L) 0.18 percent shall be for the United Nations
            Institute for Namibia;
              (M) 0.12 percent shall be for the United Nations
            Trust Fund for South Africa;
              (N) 0.04 percent shall be for the United Nations
            Voluntary Fund for Victims of Torture;
              (O) 0.07 percent shall be for the United Nations
            Industrial Development Organization;
              (P) 0.55 percent shall be for the United Nations
            Development Program Trust Fund To Combat Poverty and
            Hunger in Africa;
              (Q) 0.97 percent shall be for contributions to
            international conventions and scientific organizations;
              (R) 0.18 percent for the United Nations Center on
            Human Settlements (Habitat); and
              (S) 0.09 percent shall be for the World Heritage
            Fund.\413\
    ---------------------------------------------------------------------------
        \413\ Sec. 117(e) of the International Development and Food
    Assistance Act of 1978 (Public Law 95-424; 92 Stat. 953) also provided
    an authorization of $1,000,000 for contribution to the World Assembly
    on Aging.
    ---------------------------------------------------------------------------
        (2) \414\ The Congress reaffirms its support for the work
    of the Inter-American Commission on Human Rights. To permit
    such Commission to better fulfill its function of insuring
    observance and respect for human rights within this hemisphere,
    not less than $357,000 of the amount appropriated for fiscal
    year 1976 and $358,000 of the amount appropriated for fiscal
    year 1977, for contributions to the Organization of American
    States, shall be used only for budgetary support for the Inter-
    American Commission on Human Rights.
    ---------------------------------------------------------------------------
        \414\ Par. (2) was added by sec. 313(a)(1)(C) of Public Law 94-161
    (89 Stat. 849)
    ---------------------------------------------------------------------------
        (3) \415\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \415\ Par. (3), which had prohibited the use of funds under this
    subsection for the U.N. Institute for Namibia during fiscal year 1979
    unless the President determined that such funds would not be used to
    support the military or paramilitary activities of the South-West
    African Peoples Organization, was repealed by sec. 734(a) of the
    International Security and Development Cooperation Act 1981 (Public Law
    97-113; 95 Stat. 1560).
    ---------------------------------------------------------------------------
        (b)(1) \416\ There is authorized to be appropriated to the
    President for loans for Indus Basin Development to carry out
    the purposes of this section, in addition to funds available
    under this or any other Act for such purposes, for use
    beginning in the fiscal year 1969, $61,220,000.\417\ Such
    amounts are authorized to remain available until expended.
    ---------------------------------------------------------------------------
        \416\ Paragraph designation ``(1)'' and par. (2) were added by sec.
    108(c) of the FA Act of 1969.
        \417\ Sec. 313(a)(2) of Public Law 94-161 (89 Stat. 849) inserted
    ``$61,220,000'' in lieu of ``$51,220,000''.
        FA Appropriations Act, 1976: ``Indus Basin Development Fund, loans:
    For expenses authorized by section 302(b)(1) $10,000,000, to remain
    available until expended: Provided, That no other funds appropriated or
    made available under this Act shall be used for the purposes of such
    section during the current fiscal year.''
    ---------------------------------------------------------------------------
        (2) \416\ There is authorized to be appropriated to the
    President for grants for Indus Basin Development, in addition
    to any other funds available for such purposes, for use in the
    fiscal year 1974, $14,500,000,\418\ and for use in the fiscal
    year 1975, $14,500,000,\418\ and for use beginning in the
    fiscal year 1976, $27,000,000,\419\ which amounts shall remain
    available until expended. The President shall not exercise any
    special authority granted to him under section 610(a) or 614(a)
    of this Act to transfer any amount appropriated under this
    paragraph to, and to consolidate such amount with, any funds
    made available under any other provisions of this Act.\420\
    ---------------------------------------------------------------------------
        \418\ Sec. 9(3) of the FA Act of 1973 inserted ``for use in the
    fiscal year 1974, $14,500,000, and for use in the fiscal year 1975,
    $14,500,000,'' in lieu of ``for use in the fiscal year 1972,
    $15,000,000, and for use in the fiscal year 1973, $15,000,000''.
        \419\ The words to this point beginning with ``and for use
    beginning * * *'' were added by sec. 313(a)(3) of Public Law 94-161 (89
    Stat. 849).
        The Foreign Assistance Appropriations Act, 1977, provided the
    following: ``For necessary expenses to carry out the provisions of
    section 302(b)(2), $15,750,000.''.
        \420\ The last sentence was added by sec. 107(b)(2) of the FA Act
    of 1971.
    ---------------------------------------------------------------------------
        (c) None of the funds available to carry out this chapter
    shall be contributed to any international organization or to
    any foreign government or agency thereof to pay the costs of
    developing or operating any volunteer program of such
    organization, government, or agency relating to the selection,
    training, and programing of volunteer manpower.
        (d)-(h) \421\ * * * [Repealed--1978]
    ---------------------------------------------------------------------------
        \421\ Subsecs. (d), (e), (f), (g), and (h) of sec. 302 were
    repealed by sec. 604 of the International Development and Food
    Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
    ---------------------------------------------------------------------------
        (i) \422\ In addition to amounts otherwise available under
    this section there are authorized to be appropriated for fiscal
    year 1976 $1,000,000 and for fiscal year 1977 $2,000,000 to be
    available only for the International Atomic Energy Agency to be
    used for the purpose of strengthening safeguards and
    inspections relating to nuclear missile facilities and
    materials.\423\ Amounts appropriated under this subsection are
    authorized to remain available until expended.
    ---------------------------------------------------------------------------
        \422\ Subsec. (i) was added by sec. 505 of the International
    Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
    392).
        \423\ The Supplemental Appropriations Act, 1977 (Public Law 95-26;
    91 Stat. 66), provided the following:
        ``For an additional amount for ``International organizations and
    programs'', $31,000,000: Provided, That of the funds appropriated under
    this paragraph, $3,000,000 shall be allocated for a contribution to the
    International Atomic Energy Agency to strengthen the Agency's
    safeguards program.''.
    ---------------------------------------------------------------------------
        (j) \424\ In addition to amounts otherwise available under
    this section for such purposes, there are authorized to be
    appropriated to the President $3,000,000 for fiscal year 1989
    to be available only for United States contributions to
    multilateral and regional drug abuse control programs. Of the
    amount authorized to be appropriated by this subsection--
    ---------------------------------------------------------------------------
        \424\ Sec. 4107 of Public Law 100-690 (102 Stat. 4266) added sec.
    (j).
    ---------------------------------------------------------------------------
              (1) $2,000,000 shall be for a United States
            contribution to the United Nations Fund for Drug Abuse
            Control;
              (2) $600,000 shall be for the Organization of
            American States (OAS) Inter-American Drug Abuse Control
            Commission (CICAD) Legal Development Project, except
            that the proportion which such amount bears to the
            total amount of contributions to this specific project
            may not exceed the proportion which the United States
            contribution to the budget of the Organization of
            American States for that fiscal year bears to the total
            contributions to the budget of the Organization of
            American States for that fiscal year; and
              (3) $400,000 shall be for the Organization of
            American States (OAS) Inter-American Drug Abuse Control
            Commission (CICAD) Law Enforcement Training Project,
            except that the proportion which such amount bears to
            the total amount of contributions to this specific
            project may not exceed the proportion which the United
            States contribution to the budget of the Organization
            of American States for that fiscal year bears to the
            total contributions to the budget of the Organization
            of American States for that fiscal year.
        (k) \425\ In addition to amounts otherwise available under
    this section, there is authorized to be appropriated to the
    President $50,000,000 for each of the fiscal years 2001 and
    2002 to be available only for United States contributions to
    the Global Alliance for Vaccines and Immunizations.
    ---------------------------------------------------------------------------
        \425\ Sec. 112(a) of the Global AIDS and Tuberculosis Relief Act of
    2000 (Public Law 106-264; 114 Stat. 753) added subsecs. (k) and (l).
    Sec. 112(b) of that Act provided the following:
        ``(b) Report.--At the close of fiscal year 2001, the President
    shall submit a report to the appropriate congressional committees on
    the effectiveness of the Global Alliance for Vaccines and Immunizations
    and the International AIDS Vaccine Initiative during that fiscal year
    in meeting the goals of--
    ---------------------------------------------------------------------------

              ``(1) improving access to sustainable immunization services;
              ``(2) expanding the use of all existing, safe, and cost-
            effective vaccines where they address a public health problem;
              ``(3) accelerating the development and introduction of new
            vaccines and technologies;
              ``(4) accelerating research and development efforts for
            vaccines needed primarily in developing countries; and
              ``(5) making immunization coverage a centerpiece in
            international development efforts.''.
        (l) \425\ In addition to amounts otherwise available under
    this section, there is authorized to be appropriated to the
    President $10,000,000 for each of the fiscal years 2001 and
    2002 to be available only for United States contributions to
    the International AIDS Vaccine Initiative.
        Sec. 303.\426\ Indus Basin Development.--In the event that
    funds made available under this Act (other than part II) are
    used by or under the supervision of the International Bank for
    Reconstruction and Development in furtherance of the
    development of the Indus Basin through the program of
    cooperation among South Asian and other countries of the free
    world, which is designed to promote economic growth and
    political stability in South Asia, such funds may be used in
    accordance with requirements, standards, or procedures
    established by the Bank concerning completion of plans and cost
    estimates and determination of feasibility, rather than with
    requirements, standards, or procedures concerning such matters
    set forth in this or other Acts; and such funds may also be
    used without regard to the provisions of section 901(b) of the
    Merchant Marine Act, 1936, as amended (46 U.S.C. 1241),\427\
    whenever the President determines that such provisions cannot
    be fully satisfied without seriously impeding or preventing
    accomplishment of the purposes of such programs: Provided, That
    compensating allowances are made in the administration of other
    programs to the same or other areas to which the requirements
    of said section 901(b) are applicable.
    ---------------------------------------------------------------------------
        \426\ 22 U.S.C. 2223.
        \427\ For text, see Legislation on Foreign Relations Through 2000,
    vol. I-B.
    ---------------------------------------------------------------------------
        Sec. 304.\428\ United Nations Peacekeeping. * * *
    [Repealed--1978]
    ---------------------------------------------------------------------------
        \428\ Sec. 304, as added by the FA Act of 1967, was repealed by
    sec. 604 of the International Development and Food Assistance Act of
    1978 (Public Law 95-424; 92 Stat. 961).
    ---------------------------------------------------------------------------
        Sec. 305.\429\ Integration of Women.--The President is
    requested to instruct each representative of the United States
    to each international organization of which the United States
    is a member (including but not limited to the International
    Bank for Reconstruction and Development, the Asian Development
    Bank, the Inter-American Development Bank, the International
    Monetary Fund, the United Nations, and the Organization for
    Economic Cooperation and Development) to carry out their duties
    with respect to such organizations in such a manner as to
    encourage and promote the integration of women into the
    national economies of member and recipient countries and into
    professional and policy-making positions within such
    organizations, thereby improving the status of women. The
    President is further requested, in making United States
    contributions to such organizations, to take into account the
    progress, or lack of progress, of such organizations in
    adopting and implementing policies and practices which
    encourage and promote the integration of women into the
    national economies of member and recipient countries, and into
    professional and policy-making positions within such
    organizations, in accordance with the World Plan of Action of
    the Decade for Women.\430\
    ---------------------------------------------------------------------------
        \429\ 22 U.S.C. 2225. Sec. 305 was added by sec. 54 of the FA Act
    of 1974, which inserted it at the end of part III, chapter 3. Sec.
    313(b) of Public Law 94-161 reinserted it at the end of part I, chapter
    3.
        \430\ This sentence was added by sec. 118(b) of the International
    Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat.
    540).
    ---------------------------------------------------------------------------
        Sec. 306.\431\ Reports on International Organizations.--The
    annual reports to the Congress under section 2 of the Act of
    September 21, 1950 (64 Stat. 902, 22 U.S.C. 262a), shall be
    submitted within nine months after the end of the fiscal year
    to which they relate.
    ---------------------------------------------------------------------------
        \431\ 22 U.S.C. 2226. Sec. 306 was added by sec. 703 of the
    International Security and Development Cooperation Act of 1980 (Public
    Law 96-533; 94 Stat. 3157). Sec. 1301(b) of the Federal Reports
    Elimination Act of 1998 (Public Law 105-362; 112 Stat. 3293) struck out
    subsec. designation ``(a)'' in this para., and striking out subsec.
    (b), which had required the President to submit semiannual reports to
    the Congress listing all U.S. Government voluntary contributions to
    international organizations. Pursuant to Executive Order 12374 (July
    28, 1982; 47 F.R. 32903), those reporting responsibilities had been
    delegated to the Secretary of State.
    ---------------------------------------------------------------------------
        Sec. 307.\432\ Withholding of United States Proportionate
    Share for Certain Programs of International Organizations.--(a)
    Notwithstanding any other provision of law, none of the funds
    authorized to be appropriated by this chapter shall be
    available for the United States proportionate share for
    programs for Burma, Iraq, North Korea, Syria,\433\ Libya, Iran,
    Cuba, or the Palestine Liberation Organization or for projects
    whose purpose is to provide benefits to the Palestine
    Liberation Organization or entities associated with it,\434\ or
    at the discretion of the President, Communist countries listed
    in section 620(f) of this Act.\435\
    ---------------------------------------------------------------------------
        \432\ 22 U.S.C. 2227. Sec. 307 was added by sec. 403 of the
    International Security and Development Cooperation Act of 1985 (Public
    Law 99-83; 99 Stat. 219).
        The Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000,
    enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat.
    1900A-27 and 1900A-41), provided:
    ---------------------------------------------------------------------------

     ``LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS
                                  AND PROGRAMS
    ---------------------------------------------------------------------------
        ``Sec. 516. Subject to the regular notification procedures of the
    Committees on Appropriations, funds appropriated under this Act or any
    previously enacted Act making appropriations for foreign operations,
    export financing, and related programs, which are returned or not made
    available for organizations and programs because of the implementation
    of section 307(a) of the Foreign Assistance Act of 1961, shall remain
    available for obligation until September 30, 2002.
    ---------------------------------------------------------------------------
              * * * * * * *

       ``LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND GAZA
    ---------------------------------------------------------------------------
        ``Sec. 551. None of the funds appropriated by this Act may be
    obligated for assistance for the Palestine Liberation Organization for
    the West Bank and Gaza unless the President has exercised the authority
    under section 604(a) of the Middle East Peace Facilitation Act of 1995
    (title VI of Public Law 104-107) or any other legislation to suspend or
    make inapplicable section 307 of the Foreign Assistance Act of 1961 and
    that suspension is still in effect: Provided, That if the President
    fails to make the certification under section 604(b)(2) of the Middle
    East Peace Facilitation Act of 1995 or to suspend the prohibition under
    other legislation, funds appropriated by this Act may not be obligated
    for assistance for the Palestine Liberation Organization for the West
    Bank and Gaza.''.
        \433\ Sec. 431(a)(1) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 459) struck
    out ``the South-West Africa People's Organization'' and inserted
    ``Burma, Iraq, North Korea, Syria''.
        Sec. 431(b) of Public Law 103-236 (108 Stat. 459) further provided
    the following:
        ``(b) United Nations Development Program.--
    ---------------------------------------------------------------------------

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

                      ``(A) the United Nations Development Program has
                    approved or initiated no new programs and no new
                    funding for existing programs in or for Burma since the
                    United Nations Development Program Governing Council
                    (Executive Board) meeting of June 1993,
                      ``(B) such programs address unforeseen urgent
                    humanitarian concerns, or
                      ``(C) a democratically elected government in Burma
                    has agreed to such programs.''.
    ---------------------------------------------------------------------------
        \434\ Sec. 3 of the Middle East Peace Facilitation Act of 1993, as
    amended (Public Law 103-125; 107 Stat. 1309), authorized the President
    to suspend certain provisions of law, including sec. 307 of this Act,
    as they applied to the P.L.O. or entities associated with it if certain
    conditions were met and the President so certified and consulted with
    relevant congressional committees. This authority was continued in the
    Middle East Peace Facilitation Act of 1994 (part E of Public Law 103-
    236) and the Middle East Peace Facilitation Act of 1995, (title VI of
    the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1996; Public Law 104-107).
        The President issued such a certification in Presidential
    Determination No. 94-13 of January 14, 1994 (59 F.R. 4777), which was
    extended until January 1, 1995, by Presidential Determination No. 94-30
    of June 30, 1994 (59 F.R. 35607); until July 1, 1995, by Presidential
    Determination No. 95-12 of December 31, 1994 (60 F.R. 2673); until
    August 15, 1995, by Presidential Determination No. 95-31 of July 2,
    1995 (60 F.R. 35827); until October 1, 1995, by Presidential
    Determination No. 95-36 of August 14, 1995 (60 F.R. 44725); until
    November 1, 1995, by Presidential Determination No. 95-50 of September
    30, 1995 (60 F.R. 53093); until December 31, 1995, by Presidential
    Determination No. 96-5 of November 13, 1995 (60 F.R. 57821); until
    March 31, 1996, by Presidential Determination No. 96-8 of January 4,
    1996 (61 F.R. 2889); until June 15, 1996, by Presidential Determination
    No. 96-20 of April 1, 1996 (61 F.R. 26019); until August 12, 1996, by
    Presidential Determination No. 96-32 of June 14, 1996 (61 F.R. 32629);
    until February 12, 1997, by Presidential Determination No. 96-41 of
    August 12, 1996 (61 F.R. 43137); and until August 12, 1997, by
    Presidential Determination No. 97-17 of February 21, 1997 (62 F.R.
    9903).
        Authority to waive certain provisions was continued in general
    provisions of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2000 (H.R. 3422, as introduced on November
    17, 1999, enacted by reference in sec. 1000(a)(2) of Public Law 106-
    113; 113 Stat. 1535); see secs. 538(c) and (d), 551, 554, and 563. See
    also, however, sec. 587 of that Act, which prohibits assistance to the
    Palestinian Broadcasting Corporation.
        On December 5, 1997, the President waived the provisions of section
    1003 of the Anti-Terrorism Act of 1987 (Public Law 100-204) through
    June 4, 1998 (Presidential Determination No. 98-8; 62 F.R. 66255);
    further waived through November 26, 1998 (Presidential Determination
    No. 98-29; June 3, 1998; 63 F.R. 32711); through May 24, 1999
    (Presidential Determination No. 99-5; November 25, 1998; 63 F.R.
    68145); through October 21, 1999 (Presidential Determination No. 99-25;
    May 24, 1999; 64 F.R. 29537); and through April 21, 2000 (Presidential
    Determination 00-2; October 21, 1999; 64 F.R. 58755).
        \435\ Sec. 516 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1999 (division A, sec. 101(d) of
    Public Law 105-277; 112 Stat. 2681) added ``, or at the discretion of
    the President, Communist countries listed in section 620(f) of this
    Act.''.
        Sec. 516 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October
    24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429;
    114 Stat. 1900A-27), provides the following:
    ---------------------------------------------------------------------------

     ``LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS
                                  AND PROGRAMS
    ---------------------------------------------------------------------------
        ``sec. 516. Subject to the regular notification procedures of the
    Committees on Appropriations, funds appropriated under this Act or any
    previously enacted Act making appropriations for foreign operations,
    export financing, and related programs, which are returned or not made
    available for organizations and programs because of the implementation
    of section 307(a) of the Foreign Assistance Act of 1961, shall remain
    available for obligation until September 30, 2002.''.
    ---------------------------------------------------------------------------
        (b) The Secretary of State--
              (1) shall review, at least annually, the budgets and
            accounts of all international organizations receiving
            payments of any funds authorized to be appropriated by
            this chapter; and
              (2) shall report to the appropriate committees of the
            Congress the amounts of funds expended by each such
            organization for the purposes described in subsection
            (a) and the amount contributed by the United States to
            each such organization.
        (c) \436\ (1) Subject to paragraph (2), the limitations
    \437\ of subsection (a) shall not apply to contributions to the
    International Atomic Energy Agency or the United Nations
    Children's Fund (UNICEF).
    ---------------------------------------------------------------------------
        \436\ Sec. 431(a)(2) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 459) added
    subsec. (c).
        \437\ Sec. 2809(a)(1) of the Foreign Relations Authorization Act,
    Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
    105-277; 112 Stat. 2681) struck out ``The limitations'' and inserted in
    lieu thereof ``(1) Subject to paragraph (2), the limitations''. Sec.
    2809(a)(2) of that Act added para. (2). See also sec. 2809(b) and (c)
    of that Act, in Legislation on Foreign Relations Through 2000, vol. II.
    ---------------------------------------------------------------------------
        (2) \437\ (A) Except as provided in subparagraph (B), with
    respect to funds authorized to be appropriated by this chapter
    and available for the International Atomic Energy Agency, the
    limitations of subsection (a) shall apply to programs or
    projects of such Agency in Cuba.
        (B)(i) Subparagraph (A) shall not apply with respect to
    programs or projects of the International Atomic Energy Agency
    that provide for the discontinuation, dismantling, or safety
    inspection of nuclear facilities or related materials, or for
    inspections and similar activities designed to prevent the
    development of nuclear weapons by a country described in
    subsection (a).
        (ii) Clause (i) shall not apply with respect to the Juragua
    Nuclear Power Plant near Cienfuegos, Cuba, or the Pedro Pi
    Nuclear Research Center unless Cuba--
              (I) ratifies the Treaty on the Non-Proliferation of
            Nuclear Weapons (21 UST 483) or the Treaty for the
            Prohibition of Nuclear Weapons in Latin America
            (commonly known as the Treaty of Tlatelolco);
              (II) negotiates full-scope safeguards of the
            International Atomic Energy Agency not later than two
            years after ratification by Cuba of such Treaty; and
              (III) incorporates internationally accepted nuclear
            safety standards.

            Chapter 4--Supporting Assistance \438\ [Repealed--1972]

                         Chapter 5--Contingencies \439\

        Sec. 451.\440\ Contingencies.\439\--(a) \441\ (1)
    Notwithstanding any other provision of law, the President is
    authorized to use \442\ funds made available to carry out any
    provision of this Act (other than the provisions of chapter 1
    of this part) in order to provide, for any unanticipated
    contingencies,\443\ assistance authorized by this part in
    accordance with the provisions applicable to the furnishing of
    such assistance, except that the authority of this subsection
    may not be used to authorize the use of more than $25,000,000
    during any fiscal year.\444\
    ---------------------------------------------------------------------------
        \438\ Sec. 202(b) of the FA Act of 1971 repealed chapter 4 of part
    I. This subject matter is now covered under chapter 4 of part II of
    this Act, Economic Support Fund.
        T\439\ Sec. 2 of the International Security Assistance Act of 1979
    (Public Law 96-92; 93 Stat. 701) changed the title of chapter 5 and
    sec. 451 from ``Contingency Fund'' to ``Contingencies''. Previously,
    sec. 503(1) of Public Law 94-329 substituted ``Contingency Fund'' for
    ``Disaster Relief'' in the title of chapter 5 while sec. 2(1) of Public
    Law 93-333 changed the title of chapter 5 from ``Contingency Fund'' to
    ``Disaster Relief''.
        T\440\ 22 U.S.C. 2261. Sec. 451 was amended by sec. 28(c) of the FA
    Act of 1974. It formerly read as follows:
        ``Sec. 451. Contingency Fund--(a) There is authorized to be
    appropriated to the President for each of the fiscal years 1974 and
    1975 not to exceed $30,000,000, to provide assistance authorized by
    this part primarily for disaster relief purposes, in accordance with
    the provisions applicable to the furnishing of such assistance. (b) The
    President shall provide quarterly reports to the Committee on Foreign
    Relations and the Committee on Appropriations of the Senate and the
    Speaker of the House of Representatives on the programing and the
    obligation of funds under subsection (a).''.
        T\441\ Subsec. (a) was amended and restated by sec. 2 of the
    International Security Assistance Act of 1979 (Public Law 96-92; 93
    Stat. 701).
        \442\ Sec. 588(1) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2056), struck out ``not to exceed $10,000,000 of'' and ``in any
    fiscal year'' at these points, respectively.
        \443\ Sec. 588(2) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2056), struck out ``emergency purposes'' and inserted in lieu
    thereof ``unanticipated contingencies''.
        \444\ Sec. 588(3) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2056), added ``, except that the authority of this subsection may
    not be used to authorize the use of more than $25,000,000 during any
    fiscal year.''.
        On October 31, 2000, the Secretary of State authorized ``the use of
    up to $3.0 million in FY 2000 funds made available under Chapter IV
    [sic] of Part II of the [Foreign Assistance] Act [of 1961] for
    assistance to the civilian wing of the Sudanese National Democratic
    Alliance.'' (Department of State Public Notice 3476; 65 F.R. 69598).
    ---------------------------------------------------------------------------
        (2) The President shall report promptly to the Speaker of
    the House of Representatives and to the Committee on Foreign
    Relations and the Committee on Appropriations of the Senate
    each time he exercises the authority contained in this
    subsection.
        (b) \445\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \445\ Subsec. (b), which had required a quarterly report from the
    President concerning the programing and obligation of funds under this
    section, was repealed by sec. 734(a)(1) of the International Security
    and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat.
    1560).
    ---------------------------------------------------------------------------
        (c) No part of this fund shall be used to pay for any gifts
    to any officials of any foreign government made heretofore or
    hereafter.\446\
    ---------------------------------------------------------------------------
        \446\ Sec. 452, which was added by sec. 2(2) of the Foreign
    Disaster Assistance Act of 1974 (Public Law 93-333) and formerly
    appeared at this point, was redesignated as sec. 494 by Sec. 101(4) of
    Public Law 94-161 (89 Stat. 849).
    ---------------------------------------------------------------------------

    Chapter 6--Central America Democracy, Peace, and Development Initiative
                                     \447\

        Sec. 461.\447\, \448\ Statement of Policy.--(a)
    The Congress finds that--
    ---------------------------------------------------------------------------
        \447\ Chapter 6, as enacted in the Foreign Assistance Act of 1961,
    titled: ``Assistance to Countries Having Agrarian Economies'', was
    repealed by sec. 604 of the International Development and Food
    Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961). A new ch. 6
    (sec. 461 through 466), was added by sec. 701 of the International
    Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
    Stat. 234).
        \448\ 22 U.S.C. 2271.
    ---------------------------------------------------------------------------
              (1) the building of democracy, the restoration of
            peace, the improvement of living conditions, and the
            application of equal justice under law in Central
            America are important to the interests of the United
            States and the community of American States; and
              (2) the interrelated issues of social and human
            progress, economic growth, political reform, and
            regional security must be effectively dealt with to
            assure a democratic and economically and politically
            secure Central America.
        (b)(1) The achievement of democracy, respect for human
    rights, peace, and equitable economic growth depends primarily
    on the cooperation and the human and economic resources of the
    people and governments of Central America. The Congress
    recognizes that the United States can make a significant
    contribution to such peaceful and democratic development
    through a consistent and coherent policy which includes a long-
    term commitment of assistance. This policy should be designed
    to support actively--
              (A) democracy and political reform, including opening
            the political process to all members of society;
              (B) full observance of internationally recognized
            human rights, including free elections, freedom of the
            press, freedom of association, and the elimination of
            all human rights abuses;
              (C) leadership development, including training and
            educational programs to improve public administration
            and the administration of justice;
              (D) land reform, reform in tax systems, encouragement
            of private enterprise and individual initiative,
            creation of favorable investment climates, curbing
            corruption where it exists, and spurring balanced
            trade;
              (E) the establishment of the rule of law and an
            effective judicial system; and
              (F) the termination of extremist violence by both the
            left and the right as well as vigorous action to
            prosecute those guilty of crimes and the prosecution to
            the extent possible of past offenders.
        (2) The policy described in paragraph (1) should also
    promote equitable economic growth and development, including
    controlling the flight of capital and the effective use of
    foreign assistance and adhering to approved programs for
    economic stabilization and fiscal responsibility. Finally, this
    policy should foster dialog and negotiations--
              (A) to achieve peace based upon the objectives of
            democratization, reduction of armament, an end to
            subversion, and the withdrawal of foreign military
            forces and advisers; and
              (B) to provide a security shield against violence and
            intimidation.
        (3) It is the purpose of this chapter to establish the
    statutory framework and to authorize the appropriations and
    financing necessary to carry out the policy described in this
    section.
        (c) The Congress finds, therefore, that the people of the
    United States are willing to sustain and expand a program for
    economic and military assistance in Central America if the
    recipient countries can demonstrate progress toward and a
    commitment to these goals.
        Sec. 462.\447\, \449\ Conditions on Furnishing
    Assistance.--The President shall ensure that assistance
    authorized by this Act and the Arms Export Control Act to
    Central American countries is furnished in a manner which
    fosters demonstrated progress toward and commitment to the
    objectives set forth in section 461. Where necessary to achieve
    this purpose, the President shall impose conditions on the
    furnishing of such assistance. In carrying out this section,
    the President shall consult with the Congress in regard to
    progress toward the objectives set forth in section 461, and
    any conditions imposed on the furnishing of assistance in
    furtherance of those objectives.
    ---------------------------------------------------------------------------
        \449\ 22 U.S.C. 2272.
    ---------------------------------------------------------------------------
        Sec. 463.\447\, \450\ Peace Process in Central
    America.--The Congress--
    ---------------------------------------------------------------------------
        \450\ 22 U.S.C. 2273.
    ---------------------------------------------------------------------------
              (1) strongly supports the initiatives taken by the
            Contadora group and the resulting Document of
            Objectives which has been agreed to by Costa Rica, El
            Salvador, Guatemala, Honduras, and Nicaragua and which
            sets forth a framework for negotiating a peaceful
            settlement to the conflict and turmoil in the region;
            and
              (2) finds that the United States should provide such
            assistance and support as may be appropriate in helping
            to reach comprehensive and verifiable final agreements,
            based on the Document of Objectives, which will ensure
            peaceful and enduring solutions to the Central American
            conflicts.
        Sec. 464.\447\, \451\ Economic Assistance
    Coordination.--(a) The Congress finds that participation by
    Central American countries in an effective forum for dialog on,
    and the continuous review and advancement of, Central America's
    political, economic, and social development would foster
    cooperation between the United States and Central American
    countries.
    ---------------------------------------------------------------------------
        \451\ 22 U.S.C. 2274.
    ---------------------------------------------------------------------------
        (b) It is the sense of the Congress that--
              (1) the President should enter into negotiations with
            the countries of Central America to establish a Central
            American Development Organization (hereafter in this
            section referred to as the ``Organization'') to help
            provide a continuous and coherent approach to the
            development of the Central American region; and
              (2) the establishment of the Organization should be
            based upon the following principles:
                      (A) Participation in the Organization should
                    be open to the United States, other donors, and
                    those Central American countries that commit
                    themselves to, among other things, respecting
                    internationally recognized human rights,
                    building democracy, and encouraging equitable
                    economic growth through policy reforms.
                      (B) The Organization should be structured to
                    include representatives from both the public
                    and private sectors, including representatives
                    from the labor, agriculture, and business
                    communities.
                      (C) The Organization should meet periodically
                    to carry out the functions described in
                    subparagraphs (D) and (E) of this paragraph and
                    should be supported by a limited professional
                    secretariat.
                      (D) The Organization should make
                    recommendations affecting Central American
                    countries on such matters as--
                              (i) political, economic, and social
                            development objectives, including the
                            strengthening of democratic pluralism
                            and the safeguarding of internationally
                            recognized human rights;
                              (ii) mobilization of resources and
                            external assistance needs; and
                              (iii) reform of economic policies and
                            structures.
                      (E) The Organization should have the capacity
                    for monitoring country performance on
                    recommendations issued in accordance with
                    subparagraph (D) of this paragraph and for
                    evaluating progress toward meeting such country
                    objectives.
                      (F) To the maximum extent practicable, the
                    United States should follow the recommendations
                    of the Organization in disbursing bilateral
                    economic assistance for any Central American
                    country. No more than 75 percent of such United
                    States assistance in any fiscal year should be
                    disbursed until the recommendations of the
                    Organization for that fiscal year have been
                    made final and communicated to the donor
                    countries. The limitation on disbursements
                    contained in the preceding sentence should
                    apply only to recommendations made final and
                    communicated to donor countries prior to the
                    fourth quarter of such fiscal year. The United
                    States representative to the Organization
                    should urge other donor countries to similarly
                    implement the recommendations of the
                    Organization.
                      (G) The administrator of the agency primarily
                    responsible for administering part I of this
                    Act, or his designee, should represent the
                    United States Government in the Organization
                    and should carry out his functions in that
                    capacity under the continuous supervision and
                    general direction of the Secretary of State.
        (c) Subject to subsection (d)(2), the President is
    authorized to participate in the Organization.
        (d)(1) The administrator of the agency primarily
    responsible for administering part I of this Act, under the
    supervision and direction of the Secretary of State, shall
    prepare a detailed proposal to carry out this section and shall
    keep the Committee on Foreign Affairs \452\ of the House of
    Representatives and the Committee on Foreign Relations of the
    Senate fully and currently informed concerning the development
    of this proposal.
    ---------------------------------------------------------------------------
        \452\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
        (2) The President shall transmit to the Committee on
    Foreign Affairs \452\ of the House of Representatives and the
    Committee on Foreign Relations of the Senate a copy of the text
    of any agreement, which he proposes to sign, that would provide
    for the establishment of and United States participation in the
    Organization no less than sixty days prior to his signature.
    During that sixty-day period there shall be full and formal
    consultations with and review by those committees in accordance
    with procedures applicable to reprogramming notifications
    pursuant to section 634A of this Act.
        Sec. 465.\447\, \453\ Authorization for Fiscal
    Years 1988 and 1989.--(a) In addition to amounts otherwise
    available for such purposes, there are authorized to be
    appropriated to the President, for the purpose of furnishing
    nonmilitary assistance for Central American countries,
    $1,200,000,000 for each of the fiscal years 1988 and 1989,
    which are authorized to remain available until expended.
    ---------------------------------------------------------------------------
        \453\ 22 U.S.C. 2275.
    ---------------------------------------------------------------------------
        (b) For the purpose of providing the assistance described
    in subsection (a), funds appropriated pursuant to the
    authorizations in that subsection may be transferred by the
    President for obligation in accordance with the authorities of
    part I of this Act (including chapter 4 of part II), the Peace
    Corps Act, the Migration and Refugee Assistance Act of 1962,
    the United States Information and Education Exchange Act of
    1948, the Mutual Educational and Cultural Exchange Act of 1961,
    the National Endowment for Democracy Act, and the State
    Department Basic Authorities Act of 1956.
        Sec. 466.\447\, \454\ Definitions.--For the
    purposes of this chapter, the term ``Central American
    countries'' includes Belize, Costa Rica, El Salvador,
    Guatemala, Honduras, Nicaragua, Panama, and regional programs
    which benefit such countries.
    ---------------------------------------------------------------------------
        \454\ 22 U.S.C. 2276.
    ---------------------------------------------------------------------------

                   Chapter 7--Debt-For-Nature Exchanges \455\

        Sec. 461.\456\ Definition.--For purpose of this chapter,
    the term ``debt-for-nature exchange'' means the cancellation or
    redemption of the foreign debt of the government of a country
    in exchange for--
    ---------------------------------------------------------------------------
        \455\ Chapter 7, as enacted in the Foreign Assistance Act of 1966
    (Public Law 89-583), titled: ``Joint Commissions on Rural
    Development'', was repealed by sec. 604 of the International
    Development and Food Assistance Act of 1978 (Public Law 95-424; 92
    Stat. 961). A new ch. 7 was added by sec. 711 of the International
    Development and Finance Act of 1989 (Public Law 101-240; 103 Stat.
    2521).
        \456\ 22 U.S.C. 2281. All sections in ch. 7 are misnumbered, as
    enacted by the International Development and Finance Act of 1989
    (Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 471''.
        The Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000,
    enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat.
    1900A-32, and 1900A-43), provided the following:
    ---------------------------------------------------------------------------

                             ``DEBT-FOR-DEVELOPMENT
    ---------------------------------------------------------------------------
        ``Sec. 531. In order to enhance the continued participation of
    nongovernmental organizations in economic assistance activities under
    the Foreign Assistance Act of 1961, including endowments, debt-for-
    development and debt-for-nature exchanges, a nongovernmental
    organization which is a grantee or contractor of the Agency for
    International Development may place in interest bearing accounts funds
    made available under this Act or prior Acts or local currencies which
    accrue to that organization as a result of economic assistance provided
    under title II of this Act and any interest earned on such investment
    shall be used for the purpose for which the assistance was provided to
    that organization.
    ---------------------------------------------------------------------------
              * * * * * * *

                ``AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
    ---------------------------------------------------------------------------
        ``Sec. 557. (a) Loans Eligible for Sale, Reduction, or
    Cancellation.--
    ---------------------------------------------------------------------------

              ``(1) Authority to sell, reduce, or cancel certain loans.--
            Notwithstanding any other provision of law, the President may,
            in accordance with this section, sell to any eligible purchaser
            any concessional loan or portion thereof made before January 1,
            1995, pursuant to the Foreign Assistance Act of 1961, to the
            government of any eligible country as defined in section 702(6)
            of that Act or on receipt of payment from an eligible
            purchaser, reduce or cancel such loan or portion thereof, only
            for the purpose of facilitating--

                      ``(A) debt-for-equity swaps, debt-for-development
                    swaps, or debt-for-nature swaps; or
                      ``(B) a debt buyback by an eligible country of its
                    own qualified debt, only if the eligible country uses
                    an additional amount of the local currency of the
                    eligible country, equal to not less than 40 percent of
                    the price paid for such debt by such eligible country,
                    or the difference between the price paid for such debt
                    and the face value of such debt, to support activities
                    that link conservation and sustainable use of natural
                    resources with local community development, and child
                    survival and other child development, in a manner
                    consistent with sections 707 through 710 of the Foreign
                    Assistance Act of 1961, if the sale, reduction, or
                    cancellation would not contravene any term or condition
                    of any prior agreement relating to such loan.

              ``(2) Terms and conditions.--Notwithstanding any other
            provision of law, the President shall, in accordance with this
            section, establish the terms and conditions under which loans
            may be sold, reduced, or canceled pursuant to this section.
              ``(3) Administration.--The Facility, as defined in section
            702(8) of the Foreign Assistance Act of 1961, shall notify the
            administrator of the agency primarily responsible for
            administering part I of the Foreign Assistance Act of 1961 of
            purchasers that the President has determined to be eligible,
            and shall direct such agency to carry out the sale, reduction,
            or cancellation of a loan pursuant to this section. Such agency
            shall make an adjustment in its accounts to reflect the sale,
            reduction, or cancellation.
              ``(4) Limitation.--The authorities of this subsection shall
            be available only to the extent that appropriations for the
            cost of the modification, as defined in section 502 of the
            Congressional Budget Act of 1974, are made in advance.
    ---------------------------------------------------------------------------
        ``(b) Deposit of Proceeds.--The proceeds from the sale, reduction,
    or cancellation of any loan sold, reduced, or canceled pursuant to this
    section shall be deposited in the United States Government account or
    accounts established for the repayment of such loan.
        ``(c) Eligible Purchasers.--A loan may be sold pursuant to
    subsection (a)(1)(A) only to a purchaser who presents plans
    satisfactory to the President for using the loan for the purpose of
    engaging in debt-for-equity swaps, debt-for-development swaps, or debt-
    for-nature swaps.
        ``(d) Debtor Consultations.--Before the sale to any eligible
    purchaser, or any reduction or cancellation pursuant to this section,
    of any loan made to an eligible country, the President should consult
    with the country concerning the amount of loans to be sold, reduced, or
    canceled and their uses for debt-for-equity swaps, debt-for-development
    swaps, or debt-for-nature swaps.
        ``(e) Availability of Funds.--The authority provided by subsection
    (a) may be used only with regard to funds appropriated by this Act
    under the heading `Debt Restructuring'.''.
    ---------------------------------------------------------------------------
              (1) that government's making available local
            currencies (including through the issuance of bonds)
            which are used only for eligible projects involving the
            conservation or protection of the environment in that
            country (as described in section 463); \457\ or
    ---------------------------------------------------------------------------
        \457\ All sections in ch. 7 are misnumbered, as enacted by the
    International Development and Finance Act of 1989 (Public Law 101-240;
    103 Stat. 2521). Reference should read ``section 473''.
    ---------------------------------------------------------------------------
              (2) that government's financial resource or policy
            commitment to take certain specified actions to ensure
            the restoration, protection, or sustainable use of
            natural resources within that country; or
              (3) a combination of assets and actions under both
            paragraphs (1) and (2).
        Sec. 462.\458\ Assistance for Commercial Debt Exchanges.--
    (a) The Administrator of the Agency for International
    Development is authorized to furnish assistance, in the form of
    grants on such terms and conditions as may be necessary, to
    nongovernmental organizations for the purchase on the open
    market of discounted commercial debt of a foreign government of
    an eligible country which will be canceled or redeemed under
    the terms of an agreement with that government as part of a
    debt-for-nature exchange.
    ---------------------------------------------------------------------------
        \458\ 22 U.S.C. 2282. All sections in ch. 7 are misnumbered, as
    enacted by the International Development and Finance Act of 1989
    (Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 472''.
    ---------------------------------------------------------------------------
        (b) Notwithstanding any other provision of law, a grantee
    (or any subgrantee) of the grants referred to in subsection (a)
    may retain, without deposit in the Treasury of the United
    States and without further appropriation by Congress, interest
    earned on the proceeds of any resulting debt-for-nature
    exchange pending the disbursements of such proceeds and
    interest for approved program purposes, which may include the
    establishment of an endowment, the income of which is used for
    such purposes.
        Sec. 463.\459\ Eligible Projects.--(a) The Administrator of
    the Agency for International Development shall seek to ensure
    that debt-for-nature exchanges under this chapter support one
    or more of the following activities by either the host
    government, a local private conservation group, or a
    combination thereof:
    ---------------------------------------------------------------------------
        \459\ 22 U.S.C. 2283. All sections in ch. 7 are misnumbered, as
    enacted by the International Development and Finance Act of 1989
    (Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 473''.
    ---------------------------------------------------------------------------
              (1) restoration, protection, or sustainable use of
            the world's oceans and atmosphere;
              (2) restoration, protection, or sustainable use of
            diverse animal and plant species;
              (3) establishment, restoration, protection, and
            maintenance of parks and reserves;
              (4) development and implementation of sound systems
            of natural resource management;
              (5) development and support of local conservation
            programs;
              (6) training programs to strengthen conservation
            institutions and increase scientific, technical, and
            managerial capabilities of individuals and
            organizations involved in conservation efforts;
              (7) efforts to generate knowledge, increase
            understanding, and enhance public commitment to
            conservation;
              (8) design and implementation of sound programs of
            land and ecosystem management; and
              (9) promotion of regenerative approaches in farming,
            forestry, fishing, and watershed management.
      (b)(1) In cooperation with nongovernmental organizations, the
    Administrator of the Agency for International Development shall
    seek to identify those areas, which because of an imminent
    threat, are in particular need of immediate attention to
    prevent the loss of unique biological life or valuable
    ecosystem.
      (2) The Administrator of the Agency for International
    Development shall encourage as many eligible countries as
    possible to propose such exchanges with the purpose of
    demonstrating to a large number of governments the feasibility
    and benefits of sustainable development.
      Sec. 464.\460\ Eligible Countries.--In order for a foreign
    country to be eligible to participate in a debt-for-nature
    exchange under this chapter, the Administrator of the Agency
    for International Development shall determine that--
    ---------------------------------------------------------------------------
        \460\ 22 U.S.C. 2284. All sections in ch. 7 are misnumbered, as
    enacted by the International Development and Finance Act of 1989
    (Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 474''.
    ---------------------------------------------------------------------------
              (1) the host country is fully committed to the long-
            term viability of the program or project that is to be
            undertaken through the debt-for-nature exchange;
              (2) a long-term plan has been prepared by the host
            country, or private conservation group, which
            adequately provides for the long-term viability of the
            program or project that is to be undertaken through the
            debt-for-nature exchange or that such a plan will be
            prepared in a timely manner; and
              (3) there is a government agency or a local
            nongovernmental organization, or combination thereof,
            in the host country with the capability, commitment,
            and record of environmental concern to oversee the
            long-term viability of the program or project that is
            to be undertaken through the debt-for-nature exchange.
      Sec. 465.\461\ Terms and Conditions.--(a) The terms and
    conditions for making grants under this chapter shall be deemed
    to be fulfilled upon final approval by the Administrator of the
    Agency for International Development of the debt-for-nature
    exchange, a certification by the nongovernmental organization
    that the host government has accepted the terms of the
    exchange, and that an agreement has been reached to cancel the
    commercial debt in an agreed upon fashion.
    ---------------------------------------------------------------------------
        \461\ 22 U.S.C. 2285. All sections in ch. 7 are misnumbered, as
    enacted by the International Development and Finance Act of 1989
    (Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 475''.
    ---------------------------------------------------------------------------
      (b) Grants made under this section are intended to
    complement, and not substitute for, assistance otherwise
    available to a foreign country under this Act or any other
    provision of law.
      (c) The United States Government is prohibited from accepting
    title or interest in any land in a foreign country as a
    condition on the debt exchange.
      Sec. 466.\462\ Pilot Program for Sub-Saharan Africa.--(a) The
    Administrator of the Agency for International Development, in
    cooperation with nongovernmental conservation organizations,
    shall invite the government of each country in sub-Saharan
    Africa to submit a list of those areas of severely degraded
    national resources which threaten human survival and well-being
    and the opportunity for future economic growth or those areas
    of biological or ecological importance within the territory of
    that country.
    ---------------------------------------------------------------------------
        \462\ 22 U.S.C. 2286. All sections in ch. 7 are misnumbered, as
    enacted by the International Development and Finance Act of 1989
    (Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 476''.
    ---------------------------------------------------------------------------
      (b) The Administrator of the Agency for International
    Development shall assess the list submitted by each country
    under subsection (a) and shall seek to reach agreement with the
    host country for the restoration and future sustainable use of
    those areas.
      (c)(1) The Administrator of the Agency for International
    Development is authorized to make grants, on such terms and
    conditions as may be necessary, to nongovernmental
    organizations for the purchase on the open market of discounted
    commercial debt of a foreign government of an eligible sub-
    Saharan country in exchange for commitments by that government
    to restore natural resources identified by the host country
    under subsection (a) or for commitments to develop plans for
    sustainable use of such resources.
      (2) Notwithstanding any other provision of law, a grantee (or
    any subgrantee) of the grants referred to in section (a) may
    retain, without deposit in the Treasury of the United States
    and without further appropriation by Congress, interest earned
    on the proceeds of any resulting debt-for-nature exchange
    pending the disbursements of such proceeds and interest for
    approved program purposes, which may include the establishment
    of an endowment, the income of which is used for such purposes.

                Chapter 8--International Narcotics Control \463\

    SEC. 481.\464\ POLICY, GENERAL AUTHORITIES, COORDINATION, FOREIGN
                        POLICE ACTIONS, DEFINITIONS, AND OTHER PROVISIONS.

        (a) Policy and General Authorities.--
    ---------------------------------------------------------------------------
        \463\ Chapter 8 was added by sec. 109 of the FA Act of 1971. See
    other legislation on international narcotics control in Legislation on
    Foreign Relations Through 2000, vol. I-B, particularly the
    establishment of the President's Council on Counter-Narcotics (title
    VII, sec. 709, of Public Law 105-277), and the Western Hemisphere Drug
    Elimination Act (title VIII of Public Law 105-277).
        \464\ 22 U.S.C. 2291. Sec. 1519(a) of the Housing and Community
    Development Act of 1992 (Public Law 102-550; 106 Stat. 4060) amended
    sec. 481 at subsec. (a) by redesignating former subpar. (E) as (F), and
    inserting a new (E).
        Sec. 1519(b) of Public Law 102-550, furthermore, amended sec.
    481(e) to require a report on major money laundering countries.
        Sec. 4 of the International Narcotics Control Act of 1992 (Public
    Law 102-583; 106 Stat. 4914), however, substantially amended and
    restated sec. 481. Sec. 4(a) struck the section designation, section
    heading, and subsection (a), and restated these through subpar. (F).
        Chapter 8 was originally added by sec. 109 of the FA Act of 1971.
    See other legislation on international narcotics control in Legislation
    on Foreign Relations Through 2000, vol. I-B.
        The original sec. 481 read as follows:
        ``It is the sense of the Congress that effective international
    cooperation is necessary to put an end to the illicit production,
    trafficking in, and abuse of dangerous drugs. In order to promote such
    cooperation, the President is authorized to conclude agreements with
    other countries to facilitate control of the production, processing,
    transportation, and distribution of narcotic analgesics, including
    opium and its derivatives, other narcotic drugs and psychotropics and
    other controlled substances as defined in the Comprehensive Drug Abuse
    Prevention and Control Act of 1970 (Public Law 91-513). Notwithstanding
    any other provision of law, the President is authorized to furnish
    assistance to any country or international organization, on such terms
    and conditions as he may determine, for the control of the production
    of, processing of, and traffic in, narcotic and psychotropic drugs. In
    furnishing such assistance the President may use any of the funds made
    available to carry out the provisions of this Act. The President shall
    suspend economic and military assistance furnished under this or any
    other Act, and shall suspend sales under the Foreign Military Sales Act
    and under title I of the Agriculture Trade Development and Assistance
    Act of 1954 with respect to any country when the President determines
    that the government of such country has failed to take adequate steps
    to prevent narcotic drugs and other controlled substances (as defined
    by the Comprehensive Drug Abuse Prevention and Control Act of 1970)
    produced or processed, in whole or in part, in such country, or
    transported through such country, from being sold illegally within the
    jurisdiction of such country to United States Government personnel or
    their dependents, or from entering the United States unlawfully. Such
    suspension shall continue until the President determines that the
    government of such country has taken adequate steps to carry out the
    purposes of this chapter.''.
        Sec. 481(a) had been amended previously by sec. 503 of the Foreign
    Relations Authorization Act of 1972, sec. 11 of the FA Act of 1973,
    sec. 1003(a) of the Department of State Authorization Act, Fiscal Years
    1984 and 1985, sec. 4502 of the International Narcotics Control Act of
    1988, and sec. 17 of the International Narcotics Control Act of 1989.
    ---------------------------------------------------------------------------
              (1) Statements of policy.--(A) International
            narcotics trafficking poses an unparalleled
            transnational threat in today's world, and its
            suppression is among the most important foreign policy
            objectives of the United States.
              (B) Under the Single Convention on Narcotic Drugs,
            1961, and under the United Nations Convention Against
            Illicit Traffic in Narcotic Drugs and Psychotropic
            Substances, the parties are required to criminalize
            certain drug-related activities, provide appropriately
            severe penalties, and cooperate in the extradition of
            accused offenders.
              (C) International narcotics control programs should
            include, as priority goals, the suppression of the
            illicit manufacture of and trafficking in narcotic and
            psychotropic drugs, money laundering, and precursor
            chemical diversion, and the progressive elimination of
            the illicit cultivation of the crops from which
            narcotic and psychotropic drugs are derived.
              (D) \465\ International criminal activities,
            particularly international narcotics trafficking, money
            laundering, and corruption, endanger political and
            economic stability and democratic development, and
            assistance for the prevention and suppression of
            international criminal activities should be a priority
            for the United States.
    ---------------------------------------------------------------------------
        \465\ Sec. 131(a)(1) of Public Law 104-164 (110 Stat. 1429)
    redesignated subparas. (D) through (F) as subparas. (E) through (G),
    and added a new subpara. (D).
    ---------------------------------------------------------------------------
              (E) \465\ The international community should provide
            assistance, where appropriate, to those producer and
            transit countries which require assistance in
            discharging these primary obligations.
              (F) \465\ The objective of the United States in
            dealing with the problem of international money
            laundering is to ensure that countries adopt
            comprehensive domestic measures against money
            laundering and cooperate with each other in narcotics
            money laundering investigations, prosecutions, and
            related forfeiture actions.
              (G) \465\ Effective international cooperation is
            necessary to control the illicit cultivation,
            production, and smuggling of, trafficking in, and abuse
            of narcotic and psychotropic drugs.
        (2) In order to promote such cooperation, the President is
    authorized to conclude agreements, including reciprocal
    maritime agreements,\466\ with other countries to facilitate
    control of the production, processing, transportation, and
    distribution of narcotics analgesics, including opium and its
    derivatives, other narcotic and psychotropic drugs, and other
    controlled substances.
    ---------------------------------------------------------------------------
        \466\ Sec. 4(b) of the International Narcotics Control Act of 1992
    (Public Law 102-583; 106 Stat. 4915) inserted ``, including reciprocal
    maritime agreements,''.
    ---------------------------------------------------------------------------
        (3) \467\ In order to promote international cooperation in
    combating international trafficking in illicit narcotics, it
    shall be the policy of the United States to use its voice and
    vote in multilateral development banks to promote the
    development and implementation in the major illicit drug
    producing countries of programs for the reduction and eventual
    eradication of narcotic drugs and other controlled substances,
    including appropriate assistance in conjunction with effective
    programs of illicit crop eradication.
    ---------------------------------------------------------------------------
        \467\ Par. (3) was added by sec. 2017 of Public Law 99-570 (100
    Stat. 3207-68). Sec. 2017 redesignated the previous par. (3) as par.
    (4).
    ---------------------------------------------------------------------------
        (4) \467\ Notwithstanding any other provision of law, the
    President is authorized to furnish assistance to any country or
    international organization, on such terms and conditions as he
    may determine, for the control of narcotic and psychotropic
    drugs and other controlled substances, or for other anticrime
    purposes.\468\
    ---------------------------------------------------------------------------
        \468\ Sec. 131(a)(2) of Public Law 104-164 (110 Stat. 1429) added
    ``, or for other anticrime purposes''.
    ---------------------------------------------------------------------------
      (b) \469\ Coordination of All United States Antinarcotics
    Assistance to Foreign Countries.--
    ---------------------------------------------------------------------------
        \469\ Sec. 4(c) of the International Narcotics Control Act of 1992
    (Public Law 102-583; 106 Stat. 4915) amended and restated subsec. (b).
    Originally, subsec. (b) was added to sec. 481 by sec. 11(a) of the FA
    Act of 1973. This subsection has previously been amended and restated
    by sec. 17(b) of the International Narcotics Control Act of 1989, and
    sec. 604 of the International Security and Development Cooperation Act
    of 1985.
    ---------------------------------------------------------------------------
              (1) Responsibility of secretary of state.--Consistent
            with subtitle A of title I of the Anti-Drug Abuse Act
            of 1988, the Secretary of State shall be responsible
            for coordinating all assistance provided by the United
            States Government to support international efforts to
            combat illicit narcotics production or trafficking.
              (2) Rule of construction.--Nothing contained in this
            subsection or section 489(b) shall be construed to
            limit or impair the authority or responsibility of any
            other Federal agency with respect to law enforcement,
            domestic security operations, or intelligence
            activities as defined in Executive Order 12333.\470\
    ---------------------------------------------------------------------------
        \470\ For text, see Legislation on Foreign Relations Through 2000,
    vol. II, sec. D.
    ---------------------------------------------------------------------------
        (c) \471\ Participation in Foreign Police Actions.--
    ---------------------------------------------------------------------------
        \471\ Subsec. (c) was comprehensively amended and restated by sec.
    15 of the International Narcotics Control Act of 1989 (Public Law 101-
    231; 103 Stat. 1963). It had previously been restated by sec. 2009 of
    Public Law 99-570 (100 Stat. 3207-64). Subsec. (c), often referred to
    as the ``Mansfield Amendment,'' was originally added by sec. 504(b) of
    the International Security Assistance and Arms Export Control Act of
    1976 (Public Law 94-329; 90 Stat. 764).
    ---------------------------------------------------------------------------
              (1) Prohibition on effecting an arrest.--No officer
            or employee of the United States may directly effect an
            arrest in any foreign country as part of any foreign
            police action with respect to narcotics control
            efforts, notwithstanding any other provision of law.
              (2) Participation in arrest actions.--Paragraph (1)
            does not prohibit an officer or employee of the United
            States, with the approval of the United States chief of
            mission, from being present when foreign officers are
            effecting an arrest or from assisting foreign officers
            who are effecting an arrest.
              (3) Exception for exigent, threatening
            circumstances.--Paragraph (1) does not prohibit an
            officer or employee from taking direct action to
            protect life or safety if exigent circumstances arise
            which are unanticipated and which pose an immediate
            threat to United States officers or employees, officers
            or employees of a foreign government, or members of the
            public.
              (4) Exception for maritime law enforcement.--With the
            agreement of a foreign country, paragraph (1) does not
            apply with respect to maritime law enforcement
            operations in the territorial sea or archipelagic
            waters \472\ of that country.
    ---------------------------------------------------------------------------
        \472\ Sec. 4(d) of the International Narcotics Control Act of 1992
    (Public Law 102-583; 106 Stat. 4915) inserted ``or archipelagic
    waters'' after ``sea''.
    ---------------------------------------------------------------------------
              (5) Interrogations.--No officer or employee of the
            United States may interrogate or be present during the
            interrogation of any United States person arrested in
            any foreign country with respect to narcotics control
            efforts without the written consent of such person.
              (6) Exception for status of forces arrangements.--
            This subsection does not apply to the activities of the
            United States Armed Forces in carrying out their
            responsibilities under applicable Status of Forces
            Arrangements.
        (d) \473\ Use of Herbicides for Aerial Eradication.--
    ---------------------------------------------------------------------------
        \473\ Subsec. (d), as added by sec. 4 of Public Law 95-384 (92
    Stat. 730), was amended by sec. 3(b) of Public Law 96-92 (93 Stat.
    702), amended by sec. 502(a)(1) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1538),
    and was further amended and restated by sec. 17(c) of the International
    Narcotics Control Act of 1989 (Public Law 101-231; 103 Stat. 1964).
    Sec. 502(a)(2) and (3) of Public Law 97-113 also stipulated the
    conditions under which funds appropriated prior to enactment of this
    amendment could be utilized generally, and specifically in the case of
    assistance for Colombia appropriated in fiscal year 1980. Subsection
    (d) previously read as follows:
        ``(d)(1) The Secretary of State shall inform the Secretary of
    Health and Human Services of the use or intended use by any country or
    international organization of any herbicide to eradicate marihuana in a
    program receiving assistance under this chapter.
        ``(2) The Secretary of Health and Human Services shall monitor the
    impact on the health of persons who may use or consume marihuana of the
    spraying of a herbicide to eradicate such marihuana in a program
    receiving assistance under this chapter, and if the Secretary
    determines that such persons are exposed to amounts of such herbicide
    which are harmful to their health, the Secretary shall prepare and
    transmit a report to the Congress setting forth such determination
    together with any recommendations the Secretary may have.
        ``(3) Of the funds authorized to be appropriated for the fiscal
    year 1982 under section 482, the President is urged to use not less
    than $100,000 to develop a substance that clearly and readily warns
    persons who may use or consume marihuana that it has been sprayed with
    the herbicide paraquat or other herbicide harmful to the health of such
    person.
        ``(4) If the Secretary of Agriculture determines that a substance
    has been developed that clearly and readily warns persons who may use
    or consume marihuana that it has been sprayed with the herbicide
    paraquat or other herbicide harmful to the health of such persons, such
    substance shall be used in conjunction with the spraying of paraquat or
    such other herbicide in any program receiving assistance under this
    chapter.
        ``(5)(A) The President, with the assistance of appropriate Federal
    agencies, shall monitor any use under this chapter of a herbicide in
    the aerial eradication of coca in order to determine the impact of such
    use on the environment and on the health of individuals.
        ``(B) The President shall report on such impact in the annual
    report required by subsection (e).
        ``(C) If the President determines that any such use is harmful to
    the environment or the health of individuals, the President shall
    immediately report that determination to the Committee on Foreign
    Affairs of the House of Representatives and the Committee on Foreign
    Relations of the Senate, together with such recommendations as the
    President deems appropriate.''.
    ---------------------------------------------------------------------------
              (1) Monitoring.--The President, with the assistance
            of appropriate Federal agencies, shall monitor any use
            under this chapter of a herbicide for aerial
            eradication in order to determine the impact of such
            use on the environment and on the health of
            individuals.
              (2) \474\ Annual reports.--In the annual report
            required by section 489(a),\475\ the President shall
            report on the impact on the environment and the health
            of individuals of the use under this chapter of a
            herbicide for aerial eradication.
    ---------------------------------------------------------------------------
        \474\ Sec. 101(a) of the International Narcotics Control
    Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691) struck out
    para. (2), and redesignated paras. (3) and (4) as paras. (2) and (3).
    Paragraph (2) formerly required that the Secretary of State inform the
    Secretary of Health and Human Services and the Administrator of the
    Environmental Protection Agency of the use or intended use by any
    country or international organization of any herbicide for aerial
    eradication in a program receiving assistance under this chapter.
        \475\ Sec. 6(b)(1) of the International Narcotics Control Act of
    1992 (Public Law 102-583; 106 Stat. 4932) struck out ``subsection (e)''
    and inserted in lieu thereof ``section 489(a)''.
    ---------------------------------------------------------------------------
              (3) Report upon determination of harm to environment
            or health.--If the President determines that any such
            use is harmful to the environment or the health of
            individuals, the President shall immediately report
            that determination to the Committee on Foreign Affairs
            \476\ of the House of Representatives and the Committee
            on Foreign Relations of the Senate, together with such
            recommendations as the President deems appropriate.
    ---------------------------------------------------------------------------
        \476\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
        (e) \477\ Definitions.--For purposes of this chapter and
    other provisions of this Act relating specifically to
    international narcotics matters--
    ---------------------------------------------------------------------------
        \477\ Sec. 101(b)(1) of the International Narcotics Control
    Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691) struck out
    ``Except as provided in sections 490(h) and (i) with respect to the
    definition of major illicit drug producing country and major drug-
    transit country, for'' as the opening clause of subsec. (e), inserting
    in lieu thereof ``For''. Previously, sec. 6(b)(3) of the International
    Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4932)
    amended and restated the opening sentence of subsec. (e). Subsec. (e)
    was originally added by sec. 1003(b) of the Department of State
    Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97
    Stat. 1053).
    ---------------------------------------------------------------------------
              (1) the term ``legal and law enforcement measures''
            means--
                      (A) the enactment and implementation of laws
                    and regulations or the implementation of
                    existing laws and regulations to provide for
                    the progressive control, reduction, and gradual
                    elimination of the illicit cultivation,
                    production, processing, transportation, and
                    distribution of narcotic drugs and other
                    controlled substances; and
                      (B) the effective organization, staffing,
                    equipping, funding, and activation of those
                    governmental authorities responsible for
                    narcotics control;
              (2) \478\ the term ``major illicit drug producing
            country'' means a country in which--
    ---------------------------------------------------------------------------
        \478\ Sec. 101(b)(2) of the International Narcotics Control
    Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691) amended
    and restated para. (2), changing the measure of ``major illicit drug
    producing country'' from quantity of production to acreage devoted to
    production. Previously, sec. 17(e) of the International Narcotics
    Control Act of 1989 (Public Law 101-231; 103 Stat. 1965) restated para.
    (2), adding emphasis on illicit production.
    ---------------------------------------------------------------------------
                      (A) 1,000 hectares or more of illicit opium
                    poppy is cultivated or harvested during a year;
                      (B) 1,000 hectares or more of illicit coca is
                    cultivated or harvested during a year; or
                      (C) 5,000 hectares or more of illicit
                    cannabis is cultivated or harvested during a
                    year, unless the President determines that such
                    illicit cannabis production does not
                    significantly affect the United States;
              (3) the term ``narcotic and psychotropic drugs and
            other controlled substances'' has the same meaning as
            is given by any applicable international narcotics
            control agreement or domestic law of the country of
            countries concerned;
              (4) \479\ the term ``United States assistance''
            means--
    ---------------------------------------------------------------------------
        \479\ Sec. 5(b) of the International Narcotics Control Act of 1992
    (Public Law 102-583; 106 Stat. 4931) amended and restated par. (4).
    ---------------------------------------------------------------------------
                      (A) any assistance under this Act (including
                    programs under title IV of chapter 2, relating
                    to the Overseas Private Investment
                    Corporation), other than--
                              (i) assistance under this chapter,
                              (ii) any other narcotics-related
                            assistance under this part (including
                            chapter 4 of part II), but any such
                            assistance provided under this clause
                            shall be subject to the prior
                            notification procedures applicable to
                            reprogrammings pursuant to section 634A
                            of this Act,
                              (iii) disaster relief assistance,
                            including any assistance under chapter
                            9 of this part,
                              (iv) assistance which involves the
                            provision of food (including
                            monetization of food) or medicine, and
                              (v) assistance for refugees;
                      (B) sales, or financing on any terms, under
                    the Arms Export Control Act;
                      (C) the provision of agricultural
                    commodities, other than food, under the
                    Agricultural Trade Development and Assistance
                    Act of 1954; and
                      (D) financing under the Export-Import Bank
                    Act of 1945;
              (5) \480\ the term ``major drug-transit country''
            means a country--
    ---------------------------------------------------------------------------
        \480\ Para. (5) was added by sec. 2005(c)(3) of Public Law 95-570
    (100 Stat. 3207-63).
    ---------------------------------------------------------------------------
                      (A) that is a significant direct source of
                    illicit narcotic or psychotropic drugs or other
                    controlled substances significantly affecting
                    the United States; or \481\
    ---------------------------------------------------------------------------
        \481\ Sec. 1519(c) of the Housing and Community Development Act of
    1992 (Public Law 102-550; 106 Stat. 4060) (1) inserted ``or'' at the
    end of subpar. (A); (2) struck out ``or'' at the end of subpar. (B) and
    inserted a period (but did not strike out semicolon); and (3) struck
    out subpar. (C), which formerly read ``(C) through which significant
    sums of drug-related profits or monies are laundered with the knowledge
    or complicity of the government.''.
    ---------------------------------------------------------------------------
                      (B) through which are transported such drugs
                    or substances; \482\
    ---------------------------------------------------------------------------
        \482\ Sec. 11(a) of the International Narcotics Control Act of 1992
    (Public Law 102-583; 106 Stat. 4934) struck out a period at the end of
    par. 5; inserted ``; and''; and added par. (6). Subsequently, sec.
    101(b) of the International Narcotics Control Corrections Act of 1994
    (Public Law 103-447; 108 Stat. 4691) struck out ``; and'', redesignated
    para. (6) as para. (8), and added new paras. (6) and (7).
    ---------------------------------------------------------------------------
              (6) \482\ the term ``precursor chemical'' has the
            same meaning as the term ``listed chemical'' has under
            paragraph (33) of section 102 of the Controlled
            Substances Act (21 U.S.C. 802(33); \483\
    ---------------------------------------------------------------------------
        \483\ Para. (33) of section 102 of the Controlled Substances Act
    (21 U.S.C. 802(33) defines ``listed chemical'' as ``any list I chemical
    or any list II chemical''. List I chemicals are listed in para. (34) of
    that section; list II chemicals in para. (35).
    ---------------------------------------------------------------------------
              (7) \482\ the term ``major money laundering country''
            means a country whose financial institutions engage in
            currency transactions involving significant amounts of
            proceeds from international narcotics trafficking; and
              (8) \482\ the term ``appropriate congressional
            committees'' means the Committee on Foreign Affairs
            \484\ and the Committee on Appropriations of the House
            of Representatives and the Committee on Foreign
            Relations and the Committee on Appropriations of the
            Senate.
    ---------------------------------------------------------------------------
        \484\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
        Sec. 482.\485\ Authorization.--(a) \486\ (1) To carry out
    the purposes of section 481, there are authorized to be
    appropriated to the President $147,783,000 for fiscal year 1993
    and $171,500,000 for fiscal year 1994.\487\
    ---------------------------------------------------------------------------
        \485\ 22 U.S.C. 2291a. Sec. 482, as added by sec. 503 of the
    Foreign Relations Authorization Act of 1972, was amended and restated
    by sec. 3 of the International Security Assistance Act of 1977 (Public
    Law 95-92; 91 Stat. 614). It formerly read as follows:
        ``Sec. 482. Authorization.--To carry out the purposes of section
    481, there are authorized to be appropriated to the President
    $42,500,000 for each of the fiscal years 1974 and 1975, $40,000,000 for
    the fiscal year 1976, no part of which may be obligated for or on
    behalf of any country where illegal traffic in opiates has been a
    significant problem unless and until the President determines and
    certifies in writing to the Speaker of the House of Representatives and
    the chairman of the Committee on Foreign Relations of the Senate that
    assistance furnished to such country pursuant to the authority in this
    chapter is significantly reducing the amount of illegal opiates
    entering the international market, and not to exceed $34,000,000 for
    the fiscal year 1977. Amounts appropriated under this section are
    authorized to remain available until expended.''.
        \486\ Subsection designation ``(a)'' and the original text of
    subsec. (b) were added by sec. 5(b) of the International Security
    Assistance Act of 1978 (Public Law 95-384; 92 Stat. 731). Subsec. (a)
    was further amended and restated by sec. 3 of the International
    Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 701); and
    further amended by Sec. 402(a) of the International Security and
    Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3149).
    The 1980 amendment, in addition to other changes in subsection (a),
    struck out a paragraph which had earmarked $16 million for Colombia
    during fiscal year 1980 for a variety of items used in the interdiction
    of drug traffic.
        Subsec. (a) was further amended and restated when sec. 502(c) of
    the International Security and Development Cooperation Act of 1981
    (Public Law 97-113; 95 Stat. 1539) substituted the authorization levels
    for fiscal years 1982 and 1983 in lieu of the figure for fiscal year
    1981 and deleted a paragraph limiting the fiscal year 1981 U.S.
    contribution to the U.N. Fund for Drug Abuse Control to $3,000,000 or
    50 percent of total contributions, whichever is less.
        Subsec. (a) was further amended when sec. 4201 of the International
    Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4267) set
    the fiscal year 1989 authorization level and struck out the following:
        ``In addition to the amounts authorized by the preceding sentence,
    there are authorized to be appropriated to the President $45,000,000
    for the fiscal year to 1987 to carry out the purposes of section 481,
    except that funds may be appropriated pursuant to this additional
    authorization only if the President has submitted to the Congress a
    detailed plan for the expenditure of those funds, including a
    description of how regional cooperation on narcotics control matters
    would be promoted by the use of those funds. Of the funds authorized to
    be appropriated by the preceding sentence, not less that $10,000,000
    shall be available only to provide helicopters or other aircraft to
    countries receiving assistance for fiscal year 1987 under this chapter.
    These funds shall be used primarily for aircraft which will be based in
    Latin America for use for narcotics control eradication and
    interdiction efforts throughout the region. These aircraft shall be
    used solely for narcotics control, eradication, and interdiction
    efforts.''.
        Para. (3) subsec. (a), added by sec. 614 of the International
    Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
    Stat. 231), was struck out by the International Narcotics Control Act
    of 1988. It previously read as follows:
        ``(3) Funds authorized to be appropriated by this section for
    fiscal year 1986 and for fiscal year 1987 may be used for a
    contribution to the United Nations Fund for Drug Abuse Control only if
    that organization includes in its crop substitution projects a plan for
    cooperation with the law enforcement forces of the host country.''.
        \487\ Authorizations under sec. 482 during recent years included
    the following: fiscal year 1975--$42,500,000; fiscal year 1976--
    $40,000,000; fiscal year 1977--$34,000,000; fiscal year 1978--
    $39,000,000; fiscal year 1979--$40,000,000; fiscal year 1980--
    $51,758,000; fiscal year 1981--$38,573,000; fiscal year 1982--
    $37,700,000; fiscal year 1983--$37,700,000; fiscal year 1984--
    $47,000,000; fiscal year 1985--no authorization; fiscal years 1995
    through 2001--no authorization.
        Sec. 602 of the International Security and Development Cooperation
    Act of 1985 (Public Law 99-83; 99 Stat. 228), added the authorizations
    for fiscal years 1986 ($57,529,000) and 1987 ($75,445,000). The
    authorization amount for 1987 was subsequently amended by sec. 401 of
    Public Law 99-529 and by sec. 2002(1) of Public Law 99-570 (100 Stat.
    3207-60). Sec. 16 of the International Narcotics Control Act of 1989
    (Public Law 101-231; 103 Stat. 1964) added authorization for fiscal
    year 1990 ($115,000,000). Sec. 5 of the International Narcotics Control
    Act of 1990 (Public Law 101-623; 104 Stat. 3354) authorized
    $150,000,000 for fiscal year 1991. Sec. 3 of the International
    Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4914)
    added authorization for fiscal years 1993 and 1994.
        Congress did not enact an authorization for fiscal year 2001.
    Instead, the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000,
    enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat.
    1900), waived the requirements for authorization, and title II of that
    Act provided the following:
    ---------------------------------------------------------------------------

                             ``Department of State

             ``INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
    ---------------------------------------------------------------------------
        ``For necessary expenses to carry out section 481 of the Foreign
    Assistance Act of 1961, $325,000,000, to remain available until
    expended: Provided, That any funds made available under this heading
    for anti-crime programs and activities shall be made available subject
    to the regular notification procedures of the Committees on
    Appropriations: Provided further, That during fiscal year 2001, the
    Department of State may also use the authority of section 608 of the
    Foreign Assistance Act of 1961, without regard to its restrictions, to
    receive excess property from an agency of the United States Government
    for the purpose of providing it to a foreign country under chapter 8 of
    part I of that Act subject to the regular notification procedures of
    the Committees on Appropriations.''.
        See also in that Act: under title II--Assistance for Eastern Europe
    and the Baltic States; under title V--sec. 512--Limitation on
    Assistance to Countries in Default; sec. 515--Notification
    Requirements; sec. 556--Special Debt Relief for the Poorest; sec. 558--
    Assistance for Haiti; and sec. 559--Requirement for Disclosure of
    Foreign Aid in Report of Secretary of State.
        Chapter 2 of title III of the Emergency Supplemental Appropriations
    Act, 2000 (division B of Public Law 106-246; 114 Stat. 571) provided
    the following:
    ---------------------------------------------------------------------------

                        ``BILATERAL ECONOMIC ASSISTANCE

                     ``Funds Appropriated to the President

                             ``Department of State

                  ``ASSISTANCE FOR COUNTERNARCOTICS ACTIVITIES
    ---------------------------------------------------------------------------
        ``For necessary expenses to carry out section 481 of the Foreign
    Assistance Act of 1961 to support Central and South America and
    Caribbean counternarcotics activities, $1,018,500,000, to remain
    available until expended: Provided, That of the funds appropriated
    under this heading, not less than $110,000,000 shall be made available
    for assistance for Bolivia, of which not less than $85,000,000 may be
    made available for alternative development and other economic
    activities: Provided further, That of the funds appropriated under this
    heading, not less than $20,000,000 may be made available for assistance
    for Ecuador, of which not less than $8,000,000 may be made available
    for alternative development and other economic activities: Provided
    further, That of the funds appropriated under this heading, not less
    than $18,000,000 shall be made available for assistance for other
    countries in South and Central America and the Caribbean which are
    cooperating with United States counternarcotics objectives: Provided
    further, That of the funds appropriated under this heading not less
    than $60,000,000 shall be made available for the procurement,
    refurbishing, and support for UH-1H Huey II helicopters for the
    Colombian Army: Provided further, That of the funds appropriated under
    this heading, not less than $234,000,000 shall be made available for
    the procurement of and support for UH-60 Blackhawk helicopters for use
    by the Colombian Army and the Colombian National Police: Provided
    further, That procurement of UH-60 Blackhawk helicopters from funds
    made available under this heading shall be managed by the United States
    Defense Security Cooperation Agency: Provided further, That the
    President shall ensure that if any helicopter procured with funds under
    this heading is used to aid or abet the operations of an illegal self-
    defense group or illegal security cooperative, then such helicopter
    shall be immediately returned to the United States: Provided further,
    That of the amount appropriated under this heading, $2,500,000 shall be
    available for a program for the demobilization and rehabilitation of
    child soldiers in Colombia: Provided further, That funds made available
    under this heading shall be in addition to amounts otherwise available
    for such purposes: Provided further, That section 482(b) of the Foreign
    Assistance Act of 1961 shall not apply to funds appropriated under this
    heading: Provided further, That the Secretary of State, in consultation
    with the Secretary of Defense and the Administrator of the United
    States Agency for International Development, shall provide to the
    Committees on Appropriations not later than 30 days after the date of
    the enactment of this Act and prior to the initial obligation of any
    funds appropriated under this heading, a report on the proposed uses of
    all funds under this heading on a country-by-country basis for each
    proposed program, project or activity: Provided further, That at least
    20 days prior to the obligation of funds made available under this
    heading the Secretary of State shall inform the Committees on
    Appropriations: Provided further, That the entire amount is designated
    by the Congress as an emergency requirement pursuant to section
    251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
    of 1985, as amended: Provided further, That the entire amount provided
    shall be available only to the extent an official budget request that
    includes designation of the entire amount of the request as an
    emergency requirement as defined in the Balanced Budget and Emergency
    Deficit Control Act of 1985, as amended, is transmitted by the
    President to the Congress.''.
        See also chapter 2 of title III of that Act, pertaining to funding
    of Department of Defense drug interdiction and counter-drug activities,
    and general provisions for the same chapter, stating conditions on
    assistance for Colombia and related reporting requirements, beginning
    at page 828.
    ---------------------------------------------------------------------------
        (2) Amounts appropriated under this subsection are
    authorized to remain available until expended.
        (b) \488\ Procurement of Weapons and Ammunition.--
    ---------------------------------------------------------------------------
        \488\ Sec. 4(e) of the International Narcotics Control Act of 1992
    (Public Law 102-583; 106 Stat. 4915) amended and restated subsec. (b).
    Subsection (b) was originally added by sec. 5(b) of the International
    Security Assistance Act of 1978.
    ---------------------------------------------------------------------------
              (1) Prohibition.--Except as provided in paragraph
            (2), funds made available to carry out this chapter
            shall not be made available for the procurement of
            weapons or ammunition.
              (2) Exceptions.--Paragraph (1) shall not apply with
            respect to funds for the procurement of--
                      (A) weapons or ammunition provided only for
                    the defensive arming of aircraft used for
                    narcotics-related purposes, or
                      (B) firearms and related ammunition provided
                    only for defensive purposes to employees or
                    contract personnel of the Department of State
                    engaged in activities under this chapter,
            if, at least 15 days before obligating those funds, the
            President notifies the appropriate congressional
            committees in accordance with the procedures applicable
            to reprogramming notifications under section 634A.
        (c) \489\ Contributions and Reimbursement.--(1) To \490\
    ensure local commitment to the activities assisted under this
    chapter, a country receiving assistance under this chapter
    should bear an appropriate share of the costs of any narcotics
    control program, project, or activity for which such assistance
    is to be provided. A country may bear such costs on an ``in
    kind'' basis.
    ---------------------------------------------------------------------------
        \489\ Redesignated from subsec. (d) by sec. 6(b)(4) of the
    International Narcotics Control Act of 1992 (Public Law 102-583; 106
    Stat. 4932). Originally added by sec. 608 of Public Law 99-83 (99 Stat.
    229); amended and restated by sec. 17(g) of the International Narcotics
    Control Act of 1989.
        \490\ Sec. 131(b)(1) of Public Law 104-164 (110 Stat. 1429) struck
    out ``Contribution by Recipient Country.--To'' and inserted in lieu
    thereof ``Contributions and Reimbursement.--(1) To''.
    ---------------------------------------------------------------------------
        (2) \491\ (A) The President is authorized to accept
    contributions from foreign governments to carry out the
    purposes of this chapter. Such contributions shall be deposited
    as an offsetting collection to the applicable appropriation
    account and may be used under the same terms and conditions as
    funds appropriated pursuant to this chapter.
    ---------------------------------------------------------------------------
        \491\ Sec. 131(b)(2) of Public Law 104-164 (110 Stat. 1429) added
    paras. (2) and (3).
    ---------------------------------------------------------------------------
              (B) At the time of submission of the annual
            congressional presentation documents required by
            section 634(a), the President shall provide a detailed
            report on any contributions received in the preceding
            fiscal year, the amount of such contributions, and the
            purposes for which such contributions were used.
              (3) \491\ The President is authorized to provide
            assistance under this chapter on a reimbursable basis.
            Such reimbursements shall be deposited as an offsetting
            collection to the applicable appropriation and may be
            used under the same terms and conditions as funds
            appropriated pursuant to this chapter.
        (d) \492\ Administrative Assistance.--(1) Except as
    provided in paragraph (2), personnel funded pursuant to this
    section are authorized to provide administrative assistance to
    personnel assigned to the bureau designated by the Secretary of
    State to replace the Bureau for International Narcotics
    Matters.
    ---------------------------------------------------------------------------
        \492\ Sec. 164(a) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 411), added
    subsec. (d).
    ---------------------------------------------------------------------------
        (2) Paragraph (1) shall not apply to the extent that it
    would result in a reduction in funds available for
    antinarcotics assistance to foreign countries.
        (e) \493\ Advance Notification of Transfer of Seized
    Assets.--The President shall notify the appropriate
    congressional committees at least 10 days prior to any transfer
    by the United States Government to a foreign country for
    narcotics control purposes of any property or funds seized by
    or otherwise forfeited to the United States Government in
    connection with narcotics-related activity.
    ---------------------------------------------------------------------------
        \493\ Sec. 101(c) of the International Narcotics Control
    Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) added
    subsec. (e).
    ---------------------------------------------------------------------------
        (f) \494\ Treatment of Funds.--Funds transferred to and
    consolidated with funds appropriated pursuant to this chapter
    may be made available on such terms and conditions as are
    applicable to funds appropriated pursuant to this chapter.
    Funds so transferred or consolidated shall be apportioned
    directly to the bureau within the Department of State
    responsible for administering this chapter.
    ---------------------------------------------------------------------------
        \494\ Sec. 131(c) of Public Law 104-164 (110 Stat. 1429) added
    secs. (f) and (g).
    ---------------------------------------------------------------------------
        (g) \494\ Excess Property.--For purposes of this chapter,
    the Secretary of State may use the authority of section 608,
    without regard to the restrictions of such section, to receive
    nonlethal excess property from any agency of the United States
    Government for the purpose of providing such property to a
    foreign government under the same terms and conditions as funds
    authorized to be appropriated for the purposes of this chapter.
        Sec. 483.\495\ Prohibition on Use of Foreign Assistance for
    Reimbursements for Drug Crop Eradications.--Funds made
    available to carry out this Act may not be used to reimburse
    persons whose illicit drug crops are eradicated.
    ---------------------------------------------------------------------------
        \495\ 22 U.S.C. 2291b. Sec. 483 was added by sec. 609 of Public Law
    99-83 (99 Stat. 230).
    ---------------------------------------------------------------------------

    SEC. 484.\496\ REQUIREMENTS RELATING TO AIRCRAFT AND OTHER EQUIPMENT.

      (a) Retention of Title to Aircraft.--
    ---------------------------------------------------------------------------
        \496\ 22 U.S.C. 2291c. Sec. 4(f)(1) of the International Narcotics
    Control Act of 1992 (Public Law 102-583; 106 Stat. 4916) amended and
    restated sec. 484. Sec. 484 was originally added by sec. 2003 of the
    International Narcotics Control Act of 1986, and amended by sec. 7 of
    the International Narcotics Control Act of 1990.
    ---------------------------------------------------------------------------
              (1) In general.--(A) Except as provided in paragraph
            (2), any aircraft made available to a foreign country
            under this chapter, or made available to a foreign
            country primarily for narcotics-related purposes under
            any other provision of law, shall be provided only on a
            lease or loan basis.
              (B) Subparagraph (A) applies to aircraft made
            available at any time after October 27, 1986 (which was
            the date of enactment of the International Narcotics
            Control Act of 1986).
              (2) Exceptions.--(A) Paragraph (1) shall not apply to
            the extent that--
                      (i) the application of that paragraph with
                    respect to particular aircraft would be
                    contrary to the national interest of the United
                    States; and
                      (ii) the President notifies the appropriate
                    congressional committees in accordance with the
                    procedures applicable to reprogramming
                    notifications under section 634A.
              (B) Paragraph (1) does not apply with respect to
            aircraft made available to a foreign country under any
            provision of law that authorizes property that has been
            civilly or criminally forfeited to the United States to
            be made available to foreign countries.
              (3) Assistance for leasing of aircraft.--(A) For
            purposes of satisfying the requirement of paragraph
            (1), funds made available for the ``Foreign Military
            Financing Program'' under section 23 of the Arms Export
            Control Act may be used to finance the leasing of
            aircraft under chapter 6 of that Act.
              (B) Section 61(a)(3) of that Act shall not apply with
            respect to leases so financed; rather the entire cost
            of any such lease (including any renewals) shall be an
            initial, one time payment of the amount which would be
            the sales price for the aircraft if they were sold
            under section 21(a)(1)(B) or section 22 of that Act (as
            appropriate).
              (C) To the extent that aircraft so leased were
            acquired under chapter 5 of that Act, funds used
            pursuant to this paragraph to finance such leases shall
            be credited to the Special Defense Acquisition Fund
            under chapter 5 of that Act (excluding the amount of
            funds that reflects the charges described in section
            21(e)(1) of that Act). The funds described in the
            parenthetical clause of the preceding sentence shall be
            available for payments consistent with sections 37(a)
            and 43(b) of that Act.
        (b)\497\ Permissible Uses of Aircraft and Other
    Equipment.--The President shall take all reasonable steps to
    ensure that aircraft and other equipment made available to
    foreign countries under this chapter are used only in ways that
    are consistent with the purposes for which such equipment was
    made available.
    ---------------------------------------------------------------------------
        \497\ Sec. 4(f)(2)(B) of the International Narcotics Control Act of
    1992 (Public Law 102-583; 106 Stat. 4917) struck ``In General'' and
    inserted in lieu thereof ``Permissible Uses of Aircraft and Other
    Equipment''. Sec. 4(f)(2)(D) of that Act redesignated sec. 489(a) as
    sec. 484(b).
    ---------------------------------------------------------------------------
        (c) \498\ Reports.--In the reports submitted pursuant to
    section 489(a),\499\ the President shall discuss--
    ---------------------------------------------------------------------------
        \498\ Sec. 4(f)(2)(D) of the International Narcotics Control Act of
    1992 (Public Law 102-583; 106 Stat. 4917) redesignated sec. 489(b) as
    sec. 484(c).
        \499\ Sec. 4(f)(2)(C) of the International Narcotics Control Act of
    1992 (Public Law 102-583; 106 Stat. 4917) struck out ``subsection
    (e)'', and inserted in lieu thereof ``section 489(a)''.
    ---------------------------------------------------------------------------
              (1) any evidence indicating misuse by a foreign
            country of aircraft or other equipment made available
            under this chapter, and
              (2) the actions taken by the United States Government
            to prevent future misuse of such equipment by that
            foreign country.
        Sec. 485.\500\ Records of Aircraft Use.--(a) Requirement To
    Maintain Records.--The President \501\ shall maintain detailed
    records on the use of any aircraft made available to a foreign
    country under this chapter, including aircraft made available
    before the enactment of this section.
    ---------------------------------------------------------------------------
        \500\ 22 U.S.C. 2291d. Sec. 485 was added by sec. 2003 of Public
    Law 99-570 (100 Stat. 3207-61).
        \501\ Sec. 4(f)(3) of the International Narcotics Control Act of
    1992 (Public Law 102-583; 106 Stat. 4917) struck out ``Secretary of
    State'' both places it appeared in sec. 485 and inserted in lieu
    thereof ``President''.
    ---------------------------------------------------------------------------
        (b) Congressional Access to Records.--The President shall
    make the records maintained pursuant to subsection (a)
    available to the Congress upon a request of the Chairman of the
    Committee on Foreign Affairs \502\ of the House of
    Representatives or the Chairman of the Committee on Foreign
    Relations of the Senate.
    ---------------------------------------------------------------------------
        \502\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
        Sec. 486.\503\ Reallocation of Funds Withheld from
    Countries Which Fail to Take Adequate Steps to Halt Illicit
    Drug Production or Trafficking.
    ---------------------------------------------------------------------------
        \503\ 22 U.S.C. 2291e. Sec. 486 was added by sec. 4206(a) of the
    International Narcotics Control Act of 1988 (Public Law 100-690; 102
    Stat. 4270). Sec. 4206(b) of the same act stipulated the following:
        ``(1) The amendment made by subsection (a) of this section
    supersedes section 578(d) of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1989 (Public Law 100-461).
        ``(2) Funds may be transferred pursuant to paragraph (1) of section
    486(a) of the Foreign Assistance Act of 1961 (as enacted by this
    section) notwithstanding section 514 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1989 (as amended by
    section 589 of that Act), relating to transfers between accounts.''.
    ---------------------------------------------------------------------------
        (a) \504\ If any funds authorized to be appropriated for
    any fiscal year for assistance under this Act \505\ are not
    used for assistance for the country for which those funds were
    allocated because of the requirements of section 490 \506\ or
    any other provision of law requiring the withholding of
    assistance for countries that have not taken adequate steps to
    halt illicit drug production or trafficking, the President
    shall use those funds for additional assistance for those
    countries which have met their illicit drug eradication targets
    or have otherwise taken significant steps to halt illicit drug
    production or trafficking, as follows:
    ---------------------------------------------------------------------------
        \504\ Sec. 101(d)(1) of the International Narcotics Control
    Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out
    subsec. (a) catchline, which read ``Additional Assistance for Countries
    Taking Significant Steps.--''.
        \505\ Sec. 101(d)(2) of the International Narcotics Control
    Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out
    ``security assistance'' and inserted in lieu thereof ``assistance under
    this Act''.
        \506\ Sec. 6(b)(5)(A) of the International Narcotics Control Act of
    1992 (Public Law 102-583; 106 Stat. 4932) struck out ``481(h)'', and
    inserted in lieu thereof ``490''.
    ---------------------------------------------------------------------------
              (1) International narcotics control assistance.--
            Those funds may be transferred to and consolidated with
            the funds appropriated to carry out this chapter in
            order to provide additional narcotics control
            assistance for those countries. Funds transferred under
            this paragraph may only be used to provide increased
            funding for activities previously justified to the
            Congress. Transfers may be made under this paragraph
            without regard to the 20-percent increase limitation
            contained in section 610(a). This paragraph does not
            apply with respect to funds made available for
            assistance under the Arms Export Control Act.
              (2) Other \507\ assistance.--Any such funds not used
            under paragraph (1) shall be reprogrammed within the
            account for which they were appropriated (subject to
            the regular reprogramming procedures under section
            634A) in order to provide additional \508\ assistance
            for those countries.
    ---------------------------------------------------------------------------
        \507\ Sec. 101(d)(3)(A) of the International Narcotics Control
    Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out
    ``Security'' in the para. (2) catchline, and inserted in lieu thereof
    ``Other''. Sec. 101(d)(4) of that Act struck out subsec. (b) in this
    section, which had provided a definition of ``security assistance''.
        \508\ Sec. 101(d)(3)(B) of the International Narcotics Control
    Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out
    ``security'' here.
    ---------------------------------------------------------------------------
        Sec. 487.\509\ Prohibition on Assistance to Drug
    Traffickers.
    ---------------------------------------------------------------------------
        \509\ 22 U.S.C. 2291f. Sec. 487 was added by sec. 4503 of the
    International Narcotics Control Act of 1988 (Public Law 100-690; 102
    Stat. 4285).
    ---------------------------------------------------------------------------
        (a) Prohibition.--The President shall take all reasonable
    steps to ensure that assistance under this Act and the Arms
    Export Control Act is not provided to or through any individual
    or entity that the President knows or has reason to believe--
              (1) has been convicted of a violation of, or a
            conspiracy to violate, any law or regulation of the
            United States, a State or the District of Columbia, or
            a foreign country relating to \510\ narcotic or
            psychotropic drugs or other controlled substances;
            \511\ or
    ---------------------------------------------------------------------------
        \510\ Sec. 101(e) of the International Narcotics Control
    Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) inserted
    ``to'' after ``relating''.
        \511\ Sec. 6(b)(6) of the International Narcotics Control Act of
    1992 (Public Law 102-583; 106 Stat. 4932) struck out ``(as defined in
    section 481(i)(3) of this Act)'' preceding the semicolon.
    ---------------------------------------------------------------------------
              (2) is or has been an illicit trafficker in any such
            controlled substance or is or has been a knowing
            assistor, abettor, conspirator, or colluder with others
            in the illicit trafficking in any such substance.
        (b) \512\ Regulations.--The President shall issue
    regulations specifying the steps to be taken in carrying out
    this section.
    ---------------------------------------------------------------------------
        \512\ The Bureau of International Narcotics Matters, Department of
    State, issued regulations to implement sec. 487 in Public Notice 2840
    (22 CFR Part 140; 63 F.R. 36571; July 7, 1998). The initial proposed
    rule was issued in Public Notice 2159 (60 F.R. 7737; February 9, 1995).
    ---------------------------------------------------------------------------
        (c) Congressional Review of Regulations.--Regulations
    issued pursuant to subsection (b) shall be submitted to the
    Congress before they take effect.

    SEC. 488.\513\ LIMITATIONS ON ACQUISITION OF REAL PROPERTY AND
                        CONSTRUCTION OF FACILITIES.

        (a) Acquisition of Real Property.--
    ---------------------------------------------------------------------------
        \513\ 22 U.S.C. 2291g. Sec. 4(g) of the International Narcotics
    Control Act of 1992 (Public Law 102-583; 106 Stat. 4917) amended and
    restated sec. 488. It was originally added by sec. 4505 of the
    International Narcotics Control Act of 1988.
    ---------------------------------------------------------------------------
              (1) Prohibition.--Funds made available to carry out
            this chapter may not be used to acquire (by purchase or
            other means) any land or other real property for use by
            foreign military, paramilitary, or law enforcement
            forces.
              (2) Exception for certain leases.--Paragraph (1)
            shall not apply to the acquisition of real property by
            lease of a duration not to exceed 2 years.
              (3) Report.--The Secretary of State shall provide to
            the Committee on Foreign Affairs \514\ of the House of
            Representatives and the Committee on Foreign Relations
            of the Senate within 30 days after the end of each
            quarter of the fiscal year a detailed report on all
            leases entered into pursuant to paragraph (2),
            including the cost and duration of such lease, a
            description of the property leased, and the purpose for
            which such lease was entered into.
    ---------------------------------------------------------------------------
        \514\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
      (b) Construction of Facilities.--
              (1) Limitation.--Funds made available to carry out
            this chapter may not be used for construction of
            facilities for use by foreign military, paramilitary,
            or law enforcement forces unless, at least 15 days
            before obligating funds for such construction, the
            President notifies the appropriate congressional
            committees in accordance with procedures applicable to
            reprogramming notifications under section 634A.
              (2) Exception.--Paragraph (1) shall not apply to the
            construction of facilities which would require the
            obligation of less than $750,000 under this chapter.

    SEC. 489.\515\ REPORTING REQUIREMENTS.

      (a) International Narcotics Control Strategy Report.--Not
    later than March 1 \516\ of each year, the President shall
    transmit to the Speaker of the House of Representatives, and to
    the Committee on Foreign Relations of the Senate, a report
    containing the following:
    ---------------------------------------------------------------------------
        \515\ 22 U.S.C. 2291h. Added by sec. 5(a) of the International
    Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917).
        Sec. 101(f)(1)(A) of the International Narcotics Control
    Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out
    ``FOR FISCAL YEARS 1993 AND 1994'' from the section heading and
    inserted in lieu thereof ``FOR FISCAL YEAR 1995''. Sec. 1112(c)(1) of
    Public Law 104-66 (109 Stat. 707) struck out ``FOR FISCAL YEAR 1995''.
        The original sec. 489 was added by sec. 4507 of the International
    Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4286).
    Sec. 4(f)(2) of the International Narcotics Control Act of 1992 (Public
    Law 102-583; 106 Stat. 4917) struck out subsecs. (c) and (d) of the
    original sec. 489, and restated sec. 489, subsecs. (a) and (b), as sec.
    484, subsecs. (c) and (d).
        Subsec. (c) of this sec. was struck out by sec. 1112(c)(2) of
    Public Law 104-66 (109 Stat. 707). Originally enacted as subsec. (d),
    redesignated as subsec. (c) by sec. 101(f)(1)(D) of the International
    Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108
    Stat. 4692). Subsec. (c) formerly read as follows:
        ``Effective Date of Sections.--This section applies only during
    fiscal year 1995. Section 489A does not apply during that fiscal
    year.''.
        \516\ Sec. 101(f)(1)(B)(i) of the International Narcotics Control
    Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out
    ``April 1'' in subsec. (a), and inserted in lieu thereof ``March 1''.
    ---------------------------------------------------------------------------
              (1) For each country that received assistance under
            this chapter for either of the 2 preceding fiscal
            years, a report on the extent to which the country
            has--
                      (A) met the goals and objectives of the
                    United Nations Convention Against Illicit
                    Traffic in Narcotic Drugs and Psychotropic
                    Substances, including action on such issues as
                    illicit cultivation, production, distribution,
                    sale, transport, and financing, and money
                    laundering, asset seizure, extradition, mutual
                    legal assistance, law enforcement and transit
                    cooperation, precursor chemical control, and
                    demand reduction;
                      (B) accomplished the goals described in an
                    applicable bilateral narcotics agreement with
                    the United States or a multilateral agreement;
                    and
                      (C) taken legal and law enforcement measures
                    to prevent and punish public corruption,
                    especially by senior government officials, that
                    facilitates the production, processing, or
                    shipment of narcotic and psychotropic drugs and
                    other controlled substances, or that
                    discourages the investigation or prosecution of
                    such acts.
              (2)(A) A description of the policies adopted,
            agreements concluded, and programs implemented by the
            Department of State in pursuit of its delegated
            responsibilities for international narcotics control,
            including appropriate information on the status of
            negotiations between the United States and other
            countries on updated extradition treaties, mutual legal
            assistance treaties, precursor chemical controls, money
            laundering, and agreements pursuant to section 2015 of
            the International Narcotics Act of 1986 (relating to
            interdiction procedures for vessels of foreign
            registry).
              (B) Information on multilateral and bilateral
            strategies with respect to money laundering pursued by
            the Department of State, the Department of Justice, the
            Department of the Treasury, and other relevant United
            States Government agencies, either collectively or
            individually, to ensure the cooperation of foreign
            governments with respect to narcotics-related money
            laundering and to demonstrate that all United States
            Government agencies are pursuing a common strategy with
            respect to major money laundering countries. The report
            shall include specific detail to demonstrate that all
            United States Government agencies are pursuing a common
            strategy with respect to achieving international
            cooperation against money laundering and are pursuing a
            common strategy with respect to major money laundering
            countries, including a summary of United States
            objectives on a country-by-country basis.
              (3) \517\ The identity of those countries which are--
    ---------------------------------------------------------------------------
        \517\ Sec. 101(f)(1)(B)(ii) struck out subpara. (B), and
    redesignated subparas. (C) and (D) as subparas. (B) and (C). Subpara.
    (B) formerly read as follows:
        ``(B) the significant direct or indirect sources of narcotics and
    psychotropic drugs and other controlled substances significantly
    affecting the United States;''.
    ---------------------------------------------------------------------------
                      (A) major illicit drug producing countries or
                    major drug-transit countries as determined
                    under section 490(h);
                      (B) major sources of precursor chemicals used
                    in the production of illicit narcotics; or
                      (C) major money laundering countries.
              (4) In addition, for each country identified pursuant
            to paragraph (3), the following:
                      (A) A description of the plans, programs, and
                    timetables adopted by such country, including
                    efforts to meet the objectives of the United
                    Nations Convention Against Illicit Traffic in
                    Narcotic Drugs and Psychotropic Substances, and
                    a discussion of the adequacy of the legal and
                    law enforcement measures taken and the
                    accomplishments achieved in accord with those
                    plans.
                      (B) Whether as a matter of government policy
                    or practice, such country encourages or
                    facilitates the illicit production or
                    distribution of narcotic or psychotropic drugs
                    or other controlled substances or the
                    laundering of proceeds from illegal drug
                    transactions; and whether any senior official
                    of the government of such country engages in,
                    encourages, or facilitates the illicit
                    production or distribution of such drugs or
                    substances, or the laundering of proceeds from
                    illegal drug transactions.
              (5) In addition, for each country identified pursuant
            to paragraph (3)(A) or (3)(B), a detailed status
            report, with such information as can be reliably
            obtained, on the narcotic or psychotropic drugs or
            other controlled substances which are being cultivated,
            produced, or processed in or transported through such
            country, noting significant changes in conditions, such
            as increases or decreases in the illicit cultivation
            and manufacture of and traffic in such drugs and
            substances.
              (6) In addition, for those countries identified
            pursuant to paragraph (3)(C)--
                      (A) which countries are parties to
                    international agreements on a method for
                    maintaining records of transactions of an
                    established list of precursor and essential
                    chemicals;
                      (B) which countries have established a
                    procedure by which such records may be made
                    available to United States law enforcement
                    authorities; and
                      (C) which countries have enacted national
                    chemical control legislation which would impose
                    specific recordkeeping and reporting
                    requirements for listed chemicals, establish a
                    system of permits or declarations for imports
                    and exports of listed chemicals, and authorize
                    government officials to seize or suspend
                    shipments of listed chemicals.
              (7) In addition, for those countries identified
            pursuant to paragraph (3)(D) the following:
                      (A)(i) Which countries have financial
                    institutions engaging in currency transactions
                    involving international narcotics trafficking
                    proceeds that include significant amounts of
                    United States currency or currency derived from
                    illegal drug sales in the United States or that
                    otherwise significantly affect the United
                    States;
                      (ii) which countries identified pursuant to
                    clause (i) have not reached agreement with the
                    United States authorities on a mechanism for
                    exchanging adequate records in connection with
                    narcotics investigations and proceedings; and
                      (iii) which countries identified pursuant to
                    clause (ii)--
                              (I) are negotiating in good faith
                            with the United States to establish
                            such a record-exchange mechanism, or
                              (II) have adopted laws or regulations
                            that ensure the availability to
                            appropriate United States Government
                            personnel and those of other
                            governments of adequate records in
                            connection with narcotics
                            investigations and proceedings.
                      (B) Which countries--
                              (i) have ratified the United Nations
                            Convention Against Illicit Traffic in
                            Narcotic Drugs and Psychotropic
                            Substances and are taking steps to
                            implement that Convention and other
                            applicable agreements and conventions
                            such as the recommendations of the
                            Financial Action Task Force, the policy
                            directive of the European Community,
                            the legislative guidelines of the
                            Organization of American States, and
                            other similar declarations; and
                              (ii) have entered into bilateral
                            agreements for the exchange of
                            information on money-laundering with
                            countries other than the United States.
                      (C) Findings on each country's adoption of
                    law and regulations considered essential to
                    prevent narcotics-related money laundering.
                    Such findings shall include whether a country
                    has--
                              (i) criminalized narcotics money
                            laundering;
                              (ii) required banks and other
                            financial institutions to know and
                            record the identity of customers
                            engaging in significant transactions,
                            including the recording of large
                            currency transactions at thresholds
                            appropriate to that country's economic
                            situation;
                              (iii) required banks and other
                            financial institutions to maintain, for
                            an adequate time, records necessary to
                            reconstruct significant transactions
                            through financial institutions in order
                            to be able to respond quickly to
                            information requests from appropriate
                            government authorities in narcotics-
                            related money laundering cases;
                              (iv) required or allowed financial
                            institutions to report suspicious
                            transactions;
                              (v) established systems for
                            identifying, tracing, freezing,
                            seizing, and forfeiting narcotics-
                            related assets;
                              (vi) enacted laws for the sharing of
                            seized narcotics assets with other
                            governments;
                              (vii) cooperated, when requested,
                            with appropriate law enforcement
                            agencies of other governments
                            investigating financial crimes related
                            to narcotics; and
                              (viii) addressed the problem on
                            international transportation of
                            illegal-source currency and monetary
                            instruments.
            The report shall also detail instances of refusals to
            cooperate with foreign governments, and any actions
            taken by the United States Government and any
            international organization to address such obstacles,
            including the imposition of sanctions or penalties.
      (b) Annual Reports on Assistance.--
              (1) In general.--At the time that the report required
            by subsection (a) is submitted each year, the Secretary
            of State, in consultation with appropriate United
            States Government agencies, shall report to the
            appropriate committees of the Congress on the
            assistance provided or proposed to be provided by the
            United States Government during the preceding fiscal
            year, the current fiscal year, and the next fiscal year
            to support international efforts to combat illicit
            narcotics production or trafficking.
              (2) Information to be included.--Each report pursuant
            to this subsection shall--
                      (A) specify the amount and nature of the
                    assistance provided or to be provided;
                      (B) include, for each country identified in
                    subsection (a)(3)(A), information from the Drug
                    Enforcement Administration, the Customs
                    Service, and the Coast Guard describing in
                    detail--
                              (i) the assistance provided or to be
                            provided to such country by that
                            agency, and
                              (ii) the assistance provided or to be
                            provided to that agency by such
                            country,
                    with respect to narcotic control efforts during
                    the preceding fiscal year, the current fiscal
                    year, and the next fiscal year; and
                      (C) list all transfers, which were made by
                    the United States Government during the
                    preceding fiscal year, to a foreign country for
                    narcotics control purposes of any property
                    seized by or otherwise forfeited to the United
                    States Government in connection with narcotics-
                    related activity, including an estimate of the
                    fair market value and physical condition of
                    each item of property transferred.

    SEC. 489A.\518\ * * * [Repealed--1995]
    ---------------------------------------------------------------------------

        \518\ Formerly at 22 U.S.C. 2291i. Sec. 1112 of Public Law 104-66
    (109 Stat. 707) repealed secs. 489A--Reporting Requirements Applicable
    After September 30, 1995--and 490A--Annual Certification Procedures
    After September 30, 1995. That section also amended the section
    catchlines of secs. 489 and 490, striking out ``for fiscal year 1995''
    in each case. Sec. 489A was originally added by sec. 5(a) of the
    International Narcotics Control Act of 1992 (Public Law 102-583; 106
    Stat. 4917), the heading originally read ``Reporting Requirements
    Applicable After September 30, 1994.''. Sec. 101(f)(2) of the
    International Narcotics Control Corrections Act of 1994 (Public Law
    103-447; 108 Stat. 4692) struck out ``1994'' and inserted in lieu
    thereof ``1995''.
    ---------------------------------------------------------------------------

    SEC. 490.\519\ ANNUAL CERTIFICATION PROCEDURES.

      (a) Withholding of Bilateral Assistance and Opposition to
    Multilateral Development Assistance.--
    ---------------------------------------------------------------------------
        \519\ 22 U.S.C. 2291j. Added by sec. 5(a) of the International
    Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917), the
    heading originally read ``ANNUAL CERTIFICATION PROCEDURES FOR FISCAL
    YEARS 1993 AND 1994.''. Sec. 101(g)(1)(A) of the International
    Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108
    Stat. 4692) struck out ``FOR FISCAL YEARS 1993 AND 1994'', and inserted
    in lieu thereof ``FOR FISCAL YEAR 1995''. Sec. 1112(b) of Public Law
    104-66 (109 Stat. 707) struck out ``FOR FISCAL YEAR 1995''.
        Sec. 1112(d)(2) of Public Law 104-66 (104 Stat. 707) struck out
    subsec. (i) to this section. Previously amended and restated by sec.
    101(g)(1)(H) of the International Narcotics Control Corrections Act of
    1994 (Public Law 103-447; 108 Stat. 4693), subsec. (i) most recently
    read as follows:
        ``(i) Effective Dates of Sections.--This section applies only
    during fiscal year 1995. Section 490A does not apply during that fiscal
    year.''.
    ---------------------------------------------------------------------------
              (1) Bilateral assistance.--Fifty percent of the
            United States assistance allocated each fiscal year in
            the report required by section 653 for each major
            illicit drug producing country or major drug-transit
            country \520\ shall be withheld from obligation and
            expenditure, except as provided in subsection (b). This
            paragraph shall not apply with respect to a country if
            the President determines that its application to that
            country would be contrary to the national interest of
            the United States, except that any such determination
            shall not take effect until at least 15 days after the
            President submits written notification of that
            determination to the appropriate congressional
            committees in accordance with the procedures applicable
            to reprogramming notifications under section 634A.
    ---------------------------------------------------------------------------
        \520\ Sec. 101(g)(1)(B) of the International Narcotics Control
    Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out
    ``(as determined under subsection (h))'' after ``major drug-transit
    country''.
    ---------------------------------------------------------------------------
              (2) Multilateral assistance.--The Secretary of the
            Treasury shall instruct the United States Executive
            Director of each multilateral development bank to vote,
            on and after March 1 \521\ of each year, against any
            loan or other utilization of the funds of their
            respective institution to or for any major illicit drug
            producing country or major drug-transit country (as
            determined under subsection (h)), except as provided in
            subsection (b). For purposes of this paragraph, the
            term ``multilateral development bank'' means the
            International Bank for Reconstruction and Development,
            the International Development Association, the Inter-
            American Development Bank, the Asian Development Bank,
            the African Development Bank, and the European Bank for
            Reconstruction and Development.
    ---------------------------------------------------------------------------
        \521\ Sec. 101(g)(1)(C) of the International Narcotics Control
    Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out
    ``April 1'' and inserted in lieu thereof ``March 1''.
    ---------------------------------------------------------------------------
      (b) \522\ Certification Procedures.--
    ---------------------------------------------------------------------------
        \522\ In Presidential Determination No. 2001-12 of March 1, 2001
    (66 F.R. 14454), the President stated the following:
        ``By virtue of the authority vested in me by section 490(b)(1)(A)
    of the Foreign Assistance Act of 1961, as amended (`the Act'), I hereby
    determine and certify that the following major illicit drug producing
    and/or major illicit drug transit countries have cooperated fully with
    the United States, or have taken adequate steps on their own, to
    achieve full compliance with the goals and objectives of the 1988
    United Nations Convention Against Illicit Traffic in Narcotic Drugs and
    Psychotropic Substances:
    ---------------------------------------------------------------------------

              ``The Bahamas, Bolivia, Brazil, People's Republic of China,
            Colombia, Dominican Republic, Ecuador, Guatemala, India,
            Jamaica, Laos, Mexico, Nigeria, Pakistan, Panama, Paraguay,
            Peru, Thailand, Venezuela, and Vietnam
    ---------------------------------------------------------------------------
        ``By virtue of the authority vested in me by section 490(b)(1)(B)
    of the Act, I hereby determine and certify that, for the following
    major illicit drug producing and/or major illicit drug transit
    countries that do not qualify for certification under section
    490(b)(1)(A), the vital national interests of the United States require
    that assistance not be withheld and that the United States not vote
    against multilateral development bank assistance:
    ---------------------------------------------------------------------------

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

              ``Afghanistan and Burma
    ---------------------------------------------------------------------------
        ``In making these determinations, I have considered the factors set
    forth in section 490 of the Act, based on the information contained in
    the International Narcotics Control Strategy Report of 2001. Given that
    the performance of each of these countries has differed, I have
    attached an explanatory statement for each of the countries subject to
    this determination.''.
    ---------------------------------------------------------------------------
              (1) What must be certified.--Subject to subsection
            (d), the assistance withheld from a country pursuant to
            subsection (a)(1) may be obligated and expended, and
            the requirement of subsection (a)(2) to vote against
            multilateral development bank assistance to a country
            shall not apply, if the President determines and
            certifies to the Congress, at the time of the
            submission of the report required by section 489(a),
            that--
                      (A) \522\ during the previous year the
                    country has cooperated fully with the United
                    States, or has taken adequate steps on its own,
                    to achieve full compliance with the goals and
                    objectives established by the United Nations
                    Convention Against Illicit Traffic in Narcotic
                    Drugs and Psychotropic Substances; or
                      (B) \522\ for a country that would not
                    otherwise qualify for certification under
                    subparagraph (A), the vital national interests
                    of the United States require that the
                    assistance withheld pursuant to subsection
                    (a)(1) be provided and that the United States
                    not vote against multilateral development bank
                    assistance for that country pursuant to
                    subsection (a)(2).
              (2) Considerations regarding cooperation.--In making
            the determination described in paragraph (1)(A), the
            President shall consider the extent to which the
            country has--
                      (A) met the goals and objectives of the
                    United Nations Convention Against Illicit
                    Traffic in Narcotic Drugs and Psychotropic
                    Substances, including action on such issues as
                    illicit cultivation, production, distribution,
                    sale, transport and financing, and money
                    laundering, asset seizure, extradition, mutual
                    legal assistance, law enforcement and transit
                    cooperation, precursor chemical control, and
                    demand reduction;
                      (B) accomplished the goals described in an
                    applicable bilateral narcotics agreement with
                    the United States or a multilateral agreement;
                    and
                      (C) taken legal and law enforcement measures
                    to prevent and punish public corruption,
                    especially by senior government officials, that
                    facilitates the production, processing, or
                    shipment of narcotic and psychotropic drugs and
                    other controlled substances, or that
                    discourages the investigation or prosecution of
                    such acts.
              (3) \522\ Information to be included in national
            interest certification.--If the President makes a
            certification with respect to a country pursuant to
            paragraph (1)(B), the President shall include in such
            certification--
                      (A) a full and complete description of the
                    vital national interests placed at risk if
                    United States bilateral assistance to that
                    country is terminated pursuant to this section
                    and multilateral development bank assistance is
                    not provided to such country; and
                      (B) a statement weighing the risk described
                    in subparagraph (A) against the risks posed to
                    the vital national interests of the United
                    States by the failure of such country to
                    cooperate fully with the United States in
                    combating narcotics or to take adequate steps
                    to combat narcotics on its own.
      (c) Licit Opium Producing Countries.--The President may make
    a certification under subsection (b)(1)(A) with respect to a
    major illicit drug producing country, or major drug-transit
    country, that is a producer of licit opium only if the
    President determines that such country maintains licit
    production and stockpiles at levels no higher than those
    consistent with licit market demand, and has taken adequate
    steps to prevent significant diversion of its licit cultivation
    and production into the illicit markets and to prevent illicit
    cultivation and production.\523\
    ---------------------------------------------------------------------------
        \523\ Sec. 101(g)(1)(D) of the International Narcotics Control
    Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out
    ``that such country has taken adequate steps to prevent significant
    diversion of its licit cultivation and production into the illicit
    market, maintains production and stockpiles at levels no higher than
    those consistent with licit market demand, and prevents illicit
    cultivation and production.'', and inserted in lieu thereof ``that such
    country maintains licit production and stockpiles at levels no higher
    than those consistent with licit market demand, and has taken adequate
    steps to prevent significant diversion of its licit cultivation and
    production into the illicit markets and to prevent illicit cultivation
    and production.''.
    ---------------------------------------------------------------------------
      (d) Congressional Review.--Subsection (e) shall apply if,
    within 30 \524\ calendar days after receipt of a certification
    submitted under subsection (b) at the time of submission of the
    report required by section 489(a), the Congress enacts a joint
    resolution disapproving the determination of the President
    contained in such certification.
    ---------------------------------------------------------------------------
        \524\ Sec. 101(g)(1)(E) of the International Narcotics Control
    Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out
    ``45'' and inserted in lieu thereof ``30''.
    ---------------------------------------------------------------------------
      (e) Denial of Assistance for Countries Decertified.--If the
    President does not make a certification under subsection (b)
    with respect to a country or the Congress enacts a joint
    resolution disapproving such certification, then until such
    time as the conditions specified in subsection (f) are
    satisfied--
              (1) funds may not be obligated for United States
            assistance for that country, and funds previously
            obligated for United States assistance for that country
            may not be expended for the purpose of providing
            assistance for that country; and
              (2) the requirement to vote against multilateral
            development bank assistance pursuant to subsection
            (a)(2) shall apply with respect to that country,
            without regard to the date specified in that
            subsection.
      (f) Recertification.--Subsection (e) shall apply to a country
    described in that subsection until--
              (1) the President, at the time of submission of the
            report required by section 489(a), makes a
            certification under subsection (b)(1)(A) or (b)(1)(B)
            with respect to that country, and the Congress does not
            enact a joint resolution under subsection (d)
            disapproving the determination of the President
            contained in that certification; or
              (2) the President, at any other time, makes the
            certification described in subsection (b)(1)(B) with
            respect to that country, except that this paragraph
            applies only if either--
                      (A) the President also certifies that--
                              (i) that country has undergone a
                            fundamental change in government, or
                              (ii) there has been a fundamental
                            change in the conditions that were the
                            reason--
                                      (I) why the President had not
                                    made a certification with
                                    respect to that country under
                                    subsection (b)(1)(A), or
                                      (II) if he had made such a
                                    certification and the Congress
                                    enacted a joint resolution
                                    disapproving the determination
                                    contained in the certification,
                                    why the Congress enacted that
                                    joint resolution; or
                      (B) the Congress enacts a joint resolution
                    approving the determination contained in the
                    certification under subsection (b)(1)(B).
    Any certification under subparagraph (A) of paragraph (2) shall
    discuss the justification for the certification.
      (g) \525\ Senate Procedures.--Any joint resolution under this
    section shall be considered in the Senate in accordance with
    the provisions of section 601(b) of the International Security
    Assistance and Arms Export Control Act of 1976.
    ---------------------------------------------------------------------------
        \525\ Subsec. (g) formerly read ``Congressional Review
    Procedures.--(1) Senate.--''. Sec. 101(g)(1)(F) of the International
    Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108
    Stat. 4693) struck this out, inserted ``Senate Procedures.--'', and
    struck out para. (2), which had read as follows:
        ``(2) House of representatives.--For the purpose of expediting the
    consideration and enactment of joint resolutions under this section, a
    motion to proceed to the consideration of any such joint resolution
    after it has been reported by the appropriate committee shall be
    treated as highly privileged in the House of Representatives.''.
    ---------------------------------------------------------------------------
      (h) \526\ Determining Major Drug-Transit and Major Illicit
    Drug Producing Countries.--Not later than November 1 \526\ of
    each year, the President shall notify the appropriate
    committees of the Congress of which countries have been
    determined to be major drug-transit countries, and which
    countries have been determined to be major illicit drug
    producing countries, for purposes of this Act.
    ---------------------------------------------------------------------------
        \526\ Sec. 101(g)(1)(G) of the International Narcotics Control
    Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out
    ``for Fiscal Years 1993 and 1994'' in the subsec. catchline, and struck
    out ``January 1'' in lieu of ``November 1'' in the text.
        In a letter, released November 1, 2000, to the chairmen and ranking
    members of the Committees on Appropriations, Foreign Relations, and
    International Relations, the President stated:
        ``In accordance with the provisions of section 490(h) of the
    Foreign Assistance Act of 1961, as amended (the `Foreign Assistance
    Act'), I have determined that the following are major illicit drug
    producing or major drug-transit countries: Afghanistan, The Bahamas,
    Bolivia, Brazil, Burma, Cambodia, China, Colombia, Dominican Republic,
    Ecuador, Guatemala, Haiti, India, Jamaica, Laos, Mexico, Nigeria,
    Pakistan, Panama, Paraguay, Peru, Thailand, Venezuela, and Vietnam.
        ``This year I have removed Hong Kong and Taiwan from the list of
    major illicit drug producing or major drug-transit countries (the
    `Majors List').''. (http://pdq.state.gov)
    ---------------------------------------------------------------------------

    SEC. 490A.\527\ * * * [Repealed--1995]
    ---------------------------------------------------------------------------

        \527\ Formerly at 22 U.S.C. 2291k. Sec. 1112 of Public Law 104-66
    (109 Stat. 707) repealed secs. 489A--Reporting Requirements Applicable
    After September 30, 1995--and 490A--Annual Certification Procedures
    After September 30, 1995. That section also amended the section
    catchlines of secs. 489 and 490, striking out ``for fiscal year 1995''
    in each case. Originally added by sec. 5(a) of the International
    Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917).
        Sec. 101(g)(2)(A) of the International Narcotics Control
    Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out
    ``1994'' from the section catchline, and inserted in lieu thereof
    ``1995''.
    ---------------------------------------------------------------------------

               Chapter 9--International Disaster Assistance \528\

        Sec. 491.\529\ Policy and General Authority.--(a) The
    Congress, recognizing that prompt United States assistance to
    alleviate human suffering caused by natural and manmade
    disasters is an important expression of the humanitarian
    concern and tradition of the people of the United States,
    affirms the willingness of the United States to provide
    assistance for the relief and rehabilitation of people and
    countries affected by such disasters.
    ---------------------------------------------------------------------------
        \528\ Sec. 101(1) of Public Law 94-161 (89 Stat. 849) inserted
    ``International Disaster Assistance'' in lieu of ``Refugee Relief
    Assistance''.
        \529\ 22 U.S.C. 2292. Sec. 491 was added by sec. 101(3) of Public
    Law 94-161 (80 Stat. 849). An earlier sec. 491, which was added by sec.
    109 of the FA Act of 1971, and repealed by sec. 101(2) of Public Law
    94-161 (89 Stat. 849), read as follows:
        ``Sec. 491. Refugee Relief Assistance.--There is authorized to be
    appropriated to the President for the fiscal year 1972, in addition to
    funds otherwise available for such purposes, not to exceed
    $250,000,000, to remain available until expended, for use by the
    President in providing assistance for the relief and rehabilitation of
    refugees from East Pakistan and for humanitarian relief in East
    Pakistan. Such assistance shall be distributed, to the maximum extent
    practicable, under the auspices of and by international institutions
    and relief agencies or United States voluntary agencies.''.
    ---------------------------------------------------------------------------
        (b) Subject to the limitations \530\ in section 492, and
    notwithstanding any other provision of this or any other Act,
    the President is authorized to furnish assistance to any
    foreign country, international organization, or private
    voluntary organization,\531\ on such terms and conditions as he
    may determine, for international disaster relief and
    rehabilitation, including assistance relating to disaster
    preparedness, and to the prediction of, and contingency
    planning for, natural disasters abroad.
    ---------------------------------------------------------------------------
        \530\ The words ``on appropriations'' which previously appeared at
    this point, were struck out by sec. 404(b) of the International
    Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
    Stat. 3150).
        \531\ The words, ``international organization, or private voluntary
    organization,'' were inserted in lieu of ``or international
    organization'' by sec. 118(a) of the International Development and Food
    Assistance Act of 1978 (Public Law 95-424; 92 Stat. 953).
    ---------------------------------------------------------------------------
        (c) In carrying out the provisions of this section the
    President shall insure that the assistance provided by the
    United States shall, to the greatest extent possible, reach
    those most in need of relief and rehabilitation as a result of
    natural and manmade disasters.
        Sec. 492.\532\ Authorization.--(a) \533\ There are
    authorized to be appropriated to the President to carry out
    section 491, $25,000,000 for the fiscal year 1986 and
    $25,000,000 for the fiscal year 1987.\534\ Amounts appropriated
    under this section are authorized to remain available until
    expended.\535\
    ---------------------------------------------------------------------------
        \532\ 22 U.S.C. 2292a. Sec. 492 was added by sec. 101(3) of Public
    Law 94-161 (89 Stat. 849).
        \533\ The subsection designation ``(a)'' and a new subsec. (b) were
    added by sec. 404(a) of the International Security and Development
    Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3150).
        \534\ The authorization figures for fiscal years 1986 and 1987 were
    inserted by sec. 404 of the International Security and Development
    Cooperation Act of 1985. (Public Law 99-83; 99 Stat. 219).
    Authorizations under Sec. 492 in recent years included the following:
    fiscal year 1979--$25,000,000; fiscal year 1980--$21,800,000; fiscal
    year 1981--$25,000,000; fiscal year 1982--$27,000,000; fiscal year
    1983--$27,000,000; fiscal year 1984--$25,000,000; fiscal year 1985--no
    authorization; fiscal years 1988 through 2001--no authorization.
        Congress did not enact an authorization for fiscal year 2001.
    Instead, the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000,
    enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat.
    1900), waived the requirements for authorization, and title II of that
    Act provided the following:
    ---------------------------------------------------------------------------

                      ``INTERNATIONAL DISASTER ASSISTANCE
    ---------------------------------------------------------------------------
        ``For necessary expenses for international disaster relief,
    rehabilitation, and reconstruction assistance pursuant to section 491
    of the Foreign Assistance Act of 1961, as amended, $165,000,000, to
    remain available until expended.
    ---------------------------------------------------------------------------

                            ``TRANSITION INITIATIVES
    ---------------------------------------------------------------------------
        ``For necessary expenses for international disaster rehabilitation
    and reconstruction assistance pursuant to section 491 of the Foreign
    Assistance Act of 1961, $50,000,000, to remain available until
    expended, to support transition to democracy and to long-term
    development of countries in crisis: Provided, That such support may
    include assistance to develop, strengthen, or preserve democratic
    institutions and processes, revitalize basic infrastructure, and foster
    the peaceful resolution of conflict: Provided further, That the United
    States Agency for International Development shall submit a report to
    the Committees on Appropriations at least 5 days prior to beginning a
    new program of assistance.''.
        See also sec. 501 of that Act, relating to obligations during last
    month of availability.
        Title VI of that Act (114 Stat. 1900A-61) provided emergency
    supplemental appropriations as follows:
    ---------------------------------------------------------------------------

                      ``INTERNATIONAL DISASTER ASSISTANCE
    ---------------------------------------------------------------------------
        ``For an additional amount for `International Disaster Assistance',
    $135,000,000, for rehabilitation and reconstruction assistance for
    Mozambique, Madagascar, and southern Africa, to remain available until
    expended: Provided, That none of the funds appropriated under this
    heading may be made available for nonproject assistance: Provided
    further, That prior to any obligation of funds appropriated under this
    heading, the Administrator of the Agency for International Development
    shall provide the Committees on Appropriations with a detailed report
    containing the amount of the proposed obligation and a description of
    the programs and projects, on a country-by-country basis, to be funded
    with such amount: Provided further, That up to $12,000,000 of the funds
    appropriated under this heading may be charged to finance obligations
    for which appropriations available under chapter 1 and 10 of part I of
    the Foreign Assistance Act of 1961 were initially charged for
    assistance for rehabilitation and reconstruction for Mozambique,
    Madagascar, and southern Africa: Provided further, That of the funds
    appropriated under this heading, up to $5,000,000 may be used for
    administrative expenses, including auditing costs, of the Agency for
    International Development associated with the assistance furnished
    under this heading: Provided further, That the entire amount is
    designated by the Congress as an emergency requirement pursuant to
    section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended: Provided further, That the entire
    amount provided shall be available only to the extent an official
    budget request that includes designation of the entire amount of the
    request as an emergency requirement as defined in the Balanced Budget
    and Emergency Deficit Control Act of 1985, as amended, is transmitted
    by the President to the Congress.''.
        Sec. 501 of the Emergency Supplemental Act 2000 (division B of
    Public Law 106-246; 114 Stat. 539) provided the following:
        ``Sec. 501. For an additional amount for the Agency for
    International Development, `International Disaster Assistance',
    $25,000,000, for rehabilitation and reconstruction assistance for
    Mozambique, Madagascar, and southern Africa, to remain available until
    expended: Provided, That the entire amount is designated by the
    Congress as an emergency requirement pursuant to section 251(b)(2)(A)
    of the Balanced Budget and Emergency Deficit Control Act of 1985, as
    amended: Provided further, That the entire amount provided shall be
    available only to the extent an official budget request that includes
    designation of the entire amount as an emergency requirement as defined
    in the Balanced Budget and Emergency Deficit Control Act of 1985, as
    amended, is transmitted by the President to the Congress.''.
        \535\ A sentence which called for a quarterly report on the
    programming and obligation of funds under Sec. 492 and had previously
    appeared at this point, was struck by Sec. 118(b)(2) of the
    International Development and Food Assistance Act of 1978 (Public Law
    95-424; 92 Stat. 953).
    ---------------------------------------------------------------------------
        (b) \533\ In addition to amounts otherwise available to
    carry out this chapter, up to $50,000,000 in any fiscal year
    may be obligated against appropriations under this part (other
    than this chapter) for use in providing assistance in
    accordance with the authorities and general policies of section
    491. Amounts subsequently appropriated under this chapter with
    respect to a disaster may be used to reimburse any
    appropriation account against which obligations were incurred
    under this subsection with respect to that disaster.
        Sec. 493.\536\ Disaster Assistance--Coordination.--The
    President is authorized to appoint a Special Coordinator for
    International Disaster Assistance whose responsibility shall be
    to promote maximum effectiveness and coordination in responses
    to foreign disasters by United States agencies and between the
    United States and other donors. Included among the Special
    Coordinator's responsibilities shall be the formulation and
    updating of contingency plans for providing disaster relief.
    ---------------------------------------------------------------------------
        \536\ 22 U.S.C. 2292b. Sec. 493 was added by sec. 101(3) of Public
    Law 94-161 (89 Stat. 849).
    ---------------------------------------------------------------------------
        Sec. 494.\537\ Disaster Relief Assistance.--There is
    authorized to be appropriated, in addition to other sums
    available for such purposes, $65,000,000 for use by the
    President for disaster relief and emergency recovery needs in
    Pakistan, and Nicaragua, under such terms and conditions as he
    may determine, such sums to remain available until expended.
    ---------------------------------------------------------------------------
        \537\ 22 U.S.C. 2292c. Former sec. 452, which was added by sec.
    2(2) of the Foreign Disaster Assistance Act of 1974 (Public Law 93-
    333), was redesignated as sec. 494 by sec. 101(4) of Public Law 94-161
    (89 Stat. 849).
    ---------------------------------------------------------------------------
        Sec. 494A.\538\ Famine and Disaster Relief to Drought-
    Stricken African Nations. * * * [Repealed--1978]
    ---------------------------------------------------------------------------
        \538\ Sec. 494A, originally added as sec. 639A by the FA Act of
    1973 and subsequently redesignated as sec. 494A by Public Law 94-161
    (89 Stat. 849), was repealed by sec. 604 of the International
    Development and Food Assistance Act of 1978 (Public Law 95-424; 92
    Stat. 961).
    ---------------------------------------------------------------------------
        Sec. 494B.\539\ African Development Program. * * *
    [Redesignated--1977]
    ---------------------------------------------------------------------------
        \540\ Sec. 494B, originally added as sec. 639B of this Act by the
    FA Act of 1973 and later redesignated as sec. 494B in 1975, was
    subsequently redesignated as sec. 120 (Sahel Development Program--
    Planning) by sec. 115 of Public Law 95-88 (91 Stat. 539).
    ---------------------------------------------------------------------------
        Sec. 495.\540\ Cyprus Relief and Rehabilitation.--The
    President is authorized to furnish assistance, on such terms
    and conditions as he may determine, for the relief and
    rehabilitation of refugees and other needy people in Cyprus.
    There is authorized to be appropriated for the purposes of this
    section, in addition to amounts otherwise available for such
    purposes, $40,000,000.\541\ Such amount is authorized to remain
    available until expended. Assistance under this section shall
    be provided in accordance with the policy and general authority
    contained in section 491.
    ---------------------------------------------------------------------------
        \540\ 22 U.S.C. 2292f. Sec. 495 was added by sec. 101(8) of Public
    Law 94-161 (89 Stat. 849).
        \541\ Sec. 402 of the International Security Assistance and Arms
    Export Control Act of 1976 (Public Law 94-329; 90 Stat. 757) inserted
    ``$40,000,000'' in lieu of ``$30,000,000''.
        The FA Appropriations Act, 1976, provided the following: ``Cyprus
    relief and rehabilitation: For necessary expenses to carry out the
    provisions of section 495, $25,000,000.''.
        For ``Cyprus relief and rehabilitation'' for the period July 1,
    1976, through September 30, 1976, $5,000,000.
    ---------------------------------------------------------------------------
        Sec. 495A.\542\ Guatemala Relief and Rehabilitation. * * *
    [Repealed--1978]
    ---------------------------------------------------------------------------
        \542\ Sec. 495A, as added by Public Law 94-276 (90 Stat. 397), was
    repealed by sec. 604 of the International Development and Food
    Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
    ---------------------------------------------------------------------------
        Sec. 495B.\543\ Italy Relief and Rehabilitation.--(a) In
    addition to amounts otherwise available for such purpose, there
    is authorized to be appropriated $25,000,000 for the fiscal
    year 1976 to furnish assistance under this chapter for the
    relief and rehabilitation of the people who have been
    victimized by the recent earthquake in Italy. Amounts
    appropriated under this section are authorized to remain
    available until expended.
    ---------------------------------------------------------------------------
        \543\ 22 U.S.C. 2292h. Sec. 495B was added by sec. 415 of the
    International Security Assistance and Arms Export Control Act of 1976
    (Public Law 94-329; 90 Stat. 761).
    ---------------------------------------------------------------------------
        (b) \544\ There are authorized to be appropriated to the
    President $30,000,000 for the fiscal year 1978 for relief,
    rehabilitation, and reconstruction assistance, in accordance
    with the provisions of section 491 and on such terms and
    conditions as he may determine, for the people who have been
    victimized by the recent earthquakes in Italy. Amounts
    appropriated under this subsection are authorized to remain
    available until expended.
    ---------------------------------------------------------------------------
        \544\ Sec. 120 of the International Development and Food Assistance
    Act of 1977 (Public Law 95-88; 91 Stat. 541) redesignated subsec. (b)
    as subsec. (c) and added this new subsec. (b).
        The FA Appropriations Act, 1978, provided the following:
        ``Italy relief and rehabilitation assistance: For necessary
    expenses to carry out the provisions of section 495B, $25,000,000.''.
    ---------------------------------------------------------------------------
        (c) Obligations incurred prior to the date of enactment of
    this section against other appropriations or accounts for the
    purpose of providing relief and rehabilitation assistance to
    the people of Italy may be charged to the appropriations
    authorized under this section.
        (d) \545\ (1) The Congress recognizes that prompt United
    States assistance is necessary to alleviate the human suffering
    arising from the earthquakes in southern Italy in late 1980.
    Accordingly, there are authorized to be appropriated to the
    President, in addition to amounts otherwise available for such
    purpose, $50,000,000 for the fiscal year 1981 for relief,
    rehabilitation, and reconstruction assistance for the victims
    of those earthquakes. Such assistance shall be provided in
    accordance with the policies and general authorities of section
    491 and on such terms and conditions as the President may
    determine.
    ---------------------------------------------------------------------------
        \545\ Subsec. (d) was added by Public Law 96-525 (94 Stat. 3043).
        The full $50,000,000 authorized in this subsection for Italian
    earthquake disaster assistance was appropriated by Public Law 96-536,
    the continuing resolution providing foreign aid funds for fiscal year
    1981. This $50,000,000 was designated as an earmarking out of the total
    of $73,000,000 appropriated in fiscal year 1981 for international
    disaster assistance. The FA Appropriations, 1982, also provided that of
    the $27,000,000 made available under sec. 491, ``not less than
    $10,000,000 shall be used for earthquake relief and reconstruction in
    southern Italy.''. The FA Appropriations Act, 1984 (sec. 101(b)(1) of
    the Further Continuing Appropriations Act, 1984) further provided that
    out of the $25,000,000 made available under sec. 491, ``$10,000,000
    shall be used only for earthquake relief and reconstruction in southern
    Italy, which amount may be derived either from amounts appropriated to
    carry out the provisions of section 491 of the Foreign Assistance Act
    of 1961 or from up to $10,000,000 of amounts heretofore appropriated
    pursuant to chapter 4 of part II of such Act for Syria which are, if
    deobligated, hereby continued available for the purposes of section 491
    or for other programs for Italy consistent with sections 103 through
    106 of such Act.''.
    ---------------------------------------------------------------------------
        (2) Amounts appropriated under this subsection are
    authorized to remain available until expended.
        (3) Obligations incurred against other appropriations or
    accounts for the purpose of providing relief, rehabilitation,
    and reconstruction assistance for the victims of the late 1980
    earthquakes in southern Italy may be charged to appropriations,
    enacted after those obligations were incurred, for assistance
    for that purpose under this chapter.
        Sec. 495C.\546\ Lebanon Relief and Rehabilitation.--(a) The
    Congress, recognizing that prompt United States assistance is
    necessary to alleviate the human suffering arising from the
    civil strife in Lebanon and to restore the confidence of the
    people of Lebanon, authorizes the President to furnish
    assistance, on such terms and conditions as he may determine,
    for the relief and rehabilitation of refugees and other needy
    people in Lebanon.
    ---------------------------------------------------------------------------
        \546\ 22 U.S.C. 2292i. Sec. 495C was added by sec. 416 of the
    International Security Assistance and Arms Export Control Act of 1976
    (Public Law 94-329; 90 Stat. 762).
    ---------------------------------------------------------------------------
        (b) There is authorized to be appropriated to the President
    for the purposes of this section, in addition to amounts
    otherwise available for such purposes, $20,000,000, which
    amount is authorized to remain available until expended.\547\
    ---------------------------------------------------------------------------
        \547\ The FA Appropriations Act, 1977, provided the following:
    ``For necessary expenses to carry out the provisions of section 495C,
    $20,000,000.''.
    ---------------------------------------------------------------------------
        (c) Assistance under this section shall be provided in
    accordance with the policies and general authority contained in
    section 491.
        (d) Obligations incurred prior to the date of enactment of
    this section against other appropriations or accounts for the
    purpose of providing relief and rehabilitation assistance to
    the people of Lebanon may be charged to the appropriations
    authorized under this section.
        (e) \548\ * * * [Repealed--1978]
    ---------------------------------------------------------------------------
        \548\ Subsec. (e), which called for a quarterly report on
    programing and obligation of funds under sec. 495C and had previously
    appeared at this point, was repealed by sec. 502(d)(1) of the
    International Development and Food Assistance Act of 1978 (Public Law
    95-424; 92 Stat. 959).
    ---------------------------------------------------------------------------
        Sec. 495D.\549\ Romanian Relief and Rehabilitation.--(a)
    The Congress, recognizing that prompt United States assistance
    is necessary to alleviate the human suffering arising from
    recent earthquakes in Romania, authorizes the President to
    furnish assistance, on such terms and conditions as he may
    determine, for the relief and rehabilitation of refugees and
    other earthquake victims in Romania.
    ---------------------------------------------------------------------------
        \549\ 22 U.S.C. 2292j. Sec. 495D was added by Public Law 95-21 (91
    Stat. 48).
    ---------------------------------------------------------------------------
        (b) There are hereby authorized to be appropriated to the
    President for the fiscal year 1977, notwithstanding any other
    provisions of this Act, in addition to amounts otherwise
    available for such purposes, not to exceed $20,000,000, which
    amount is authorized to remain available until expended.\550\
    ---------------------------------------------------------------------------
        \550\ The FA Appropriations Act, 1978, provided the following:
        ``Sec. 601. For expenses necessary to carry out the provisions of
    section 495D of the Foreign Assistance Act of 1961, as amended,
    $13,000,000 for the fiscal year 1977 for Romanian relief and
    rehabilitation assistance, to remain available until expended.''.
    ---------------------------------------------------------------------------
        (c) Assistance under this section shall be provided in
    accordance with the policies and general authority contained in
    section 491.
        (d) Obligations incurred prior to the date of enactment of
    this section against other appropriations or accounts for the
    purpose of providing relief and rehabilitation assistance to
    the people of Romania may be charged to the appropriations
    authorized under this section.
        (e) \551\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \551\ Subsec. (e), which had required a quarterly report from the
    President on the programing and obligation of funds under this section,
    was repealed by sec. 734(a)(1) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    ---------------------------------------------------------------------------
        (f) Nothing in this section shall be interpreted as
    endorsing any measure undertaken by the Government of Romania
    which would suppress human rights as defined in the Conference
    on Security and Co-operation in Europe (Helsinki) Final Act and
    the United Nations Declaration on Human Rights, or as
    constituting a precedent for or commitment to provide United
    States development assistance to Romania, and the Romanian
    Government shall be so notified when aid is furnished under
    this section.
        Sec. 495E.\552\ Turkey Relief, Rehabilitation, and
    Reconstruction.--The President is requested to use up to
    $10,000,000 of the funds made available under section 492 of
    this Act to provide relief, rehabilitation, and reconstruction
    assistance to the victims of the recent earthquakes in Turkey.
    ---------------------------------------------------------------------------
        \552\ 22 U.S.C. 2292k. Sec. 495E was originally added as sec. 495D
    by sec. 121 of the International Development and Food Assistance Act of
    1977 (Public Law 95-88; 91 Stat. 541). It was redesignated as sec. 495E
    by sec. 119(1) of the International Development and Food Assistance Act
    of 1978 (Public Law 95-424; 92 Stat. 953).
    ---------------------------------------------------------------------------
        Sec. 495F.\553\ African Rehabilitation and Resettlement.--
    (a) The Congress recognizes that United States assistance is
    necessary to help developing countries in Africa meet the
    longer term rehabilitation and resettlement needs of displaced
    persons and other innocent victims of civil strife. Therefore,
    the President is authorized to furnish assistance, on such
    terms and conditions as he may determine, for the longer term
    rehabilitation and resettlement needs of such victims. Funds
    for this purpose should be used to assist African governments
    in providing semipermanent housing, potable water supply
    systems, and sanitary facilities which are generally not
    provided by existing refugee relief agencies.
    ---------------------------------------------------------------------------
        \553\ 22 U.S.C. 2292l. Sec. 495F, as added by sec. 119(2) of the
    International Development and Food Assistance Act of 1978 (Public Law
    95-424; 92 Stat. 953), was amended and restated by sec. 405 of the
    International Security and Development Cooperation Act of 1980 (Public
    Law 96-533; 94 Stat. 3150). It formerly read as follows:
        ``Sec. 495F. Assistance to African Refugees.--The President is
    authorized to furnish assistance, on such terms and conditions as he
    may determine, exclusively for the relief and rehabilitation of African
    refugees and other needy people located in Africa. There is authorized
    to be appropriated for the fiscal year 1980 for purposes of this
    section in addition to amounts otherwise available for such purposes,
    $14,920,000, which amount is authorized to remain available until
    expended. Assistance under this section shall be provided in accordance
    with the policies and general authorities contained in section 491.''.
    ---------------------------------------------------------------------------
        (b) There are authorized to be appropriated to the
    President for the purposes of this section, in addition to
    amounts otherwise available for such purposes, $15,000,000 for
    the fiscal year 1981.\554\ Amounts appropriated under this
    subsection are authorized to remain available until expended.
    ---------------------------------------------------------------------------
        \554\ Authorizations under sec. 495F during recent years included
    the following: fiscal year 1979--$15,000,000; fiscal year 1980--
    $14,920,000.
        During fiscal year 1981, foreign assistance programs operated
    pursuant to a series of continuing resolutions. The last continuing
    resolution in the series (H.J. Res. 644, Public Law 96-536) provided
    (with several exceptions) such amounts as may be necessary for
    continuing projects or activities ``which were conducted in fiscal year
    1980 and would be provided for in H.R. 7854, the Foreign Assistance and
    Related Programs Appropriation Act, 1981, as reported July 29, 1980, at
    a rate of operations not in excess of the rate which would have been
    provided under the terms of the conference report (House Report 96-
    787), and in accordance with associated agreements stated in the Joint
    Explanatory Statements of the Committee of Conference, accompanying
    H.R. 4473 * * *'' (this conference report was never approved by
    Congress). H.R. 4473 provided the following: ``Assistance to African
    refugees: For necessary expenses to carry out the provisions of section
    495F, $14,250,000: Provided, That these funds shall be transferred to
    the Office of Refugee Programs of the Department of State for
    obligation and expenditure.''.
    ---------------------------------------------------------------------------
        (c) Assistance under this section shall be provided in
    accordance with the policies and general authorities contained
    in section 491.
        Sec. 495G.\555\ Special Caribbean Hurricane Relief
    Assistance.--The President is authorized to furnish assistance,
    on such terms and conditions as he may determine, for disaster
    relief and reconstruction in the Caribbean to assist in
    alleviating the human suffering caused by recent hurricanes in
    that region. In addition to amounts otherwise available for
    such purposes, there is authorized to be appropriated for
    purposes of this section $25,000,000 for the fiscal year 1980,
    which amount is authorized to remain available until
    expended.\556\ Assistance under this section shall be provided
    in accordance with the policies and general authorities
    contained in section 491.
    ---------------------------------------------------------------------------
        \555\ 22 U.S.C. 2292m. Sec. 495G was added by Public Law 96-109 (93
    Stat. 842). Such Act also stated that priority should be given to
    furnishing agricultural commodities under Public Law 480 to this
    hurricane affected area.
        \556\ The Supplemental Appropriation and Rescission Bill, 1980
    (Public Law 96-304; 94 Stat. 873), contained $10 million intended for
    special Caribbean hurricane disaster relief.
    ---------------------------------------------------------------------------
        Sec. 495H.\557\ Cambodian Disaster Relief Assistance.--(a)
    The Congress recognizes that prompt United States assistance is
    necessary to alleviate the human suffering arising from famine
    and disease in Cambodia. Accordingly, the President is
    authorized to furnish assistance, on such terms and conditions
    as he may determine, for disaster relief to alleviate the
    suffering of the victims of famine and disease in Cambodia.
    Assistance provided under this section shall be for
    humanitarian purposes and limited to the civilian population,
    with emphasis on providing food, medicine and medical care,
    clothing, temporary shelter, transportation for emergency
    supplies and personnel, and similar assistance to save human
    lives.
    ---------------------------------------------------------------------------
        \557\ 22 U.S.C. 2292n. Sec. 495H was added by sec. 2 of Public Law
    96-110 (93 Stat. 843). Sec. 4 of such Act also required a report from
    the President by Jan. 12, 1980, regarding total costs of the U.S.
    Government and State and local governments of domestic and foreign
    assistance to refugees during fiscal years 1980 and 1981. Subsequently,
    sec. 1011(a)(4) of the Department of State Authorization Act, Fiscal
    Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1061) repealed sec. 4
    of Public Law 96-110.
    ---------------------------------------------------------------------------
        (b) Assistance provided under this section or any other
    provision of law to alleviate the human suffering caused by
    famine and disease in Cambodia shall be provided, to the
    maximum extent practicable, through international agencies and
    private voluntary organizations such as (among others) the
    World Relief Committee, World Medical Missions, Inc., Cama
    Services, World Vision, Food for the Hungry, Thailand Baptist
    Mission, Catholic Relief Services, Oxfam, and the International
    Rescue Committee.
        (c)(1) In providing assistance under this section, the
    President shall satisfy himself that adequate procedures have
    been established to ensure that such assistance reaches the
    innocent victims of famine and disease for whom it is intended.
    Such procedures shall include end use monitoring of deliveries
    on a periodic basis by individuals having freedom of movement
    where the assistance is being distributed within Cambodia.
        (2) \558\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \558\ Par. (2), which had required a report by the President that
    adequate procedures have been established ensure that the assistance
    provided under this section is reaching the innocent victims of famine
    and disease for whom it is intended, was repealed by sec. 734(1) of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1560). Such report was submitted on February 11,
    1980.
    ---------------------------------------------------------------------------
        (d)(1) In addition to amounts otherwise available for such
    purposes, there is authorized to be appropriated for purposes
    of this section $30,000,000 for the fiscal year 1980, which
    amount is authorized to remain available until expended.\559\
    ---------------------------------------------------------------------------
        \559\ The Supplemental Appropriation and Rescission Bill, 1980
    (Public Law 96-304; 94 Stat. 873), included $30 million intended for
    Cambodian Disaster Relief Assistance.
    ---------------------------------------------------------------------------
        (2) Obligations incurred, prior to the enactment of
    appropriations to carry out this section, against other
    appropriations or accounts for the purpose of alleviating the
    human suffering caused by famine and disease in Cambodia may be
    charged to the appropriations authorized by paragraph (1) of
    this subsection.
        (3) The President may exercise the authority of section
    610(a) of this Act (without regard to the 20 percent limitation
    contained in that section on increases in accounts) in order to
    transfer, for use in carrying out this section, up to
    $30,000,000 of the funds made available for the fiscal year
    1980 to carry out other provisions of this Act.
        (4) Priority shall be given in allocating assistance under
    the Agricultural Trade Development and Assistance Act of 1954
    to furnishing agricultural commodities for use in carrying out
    this section.
        (e) Assistance under this section shall be provided in
    accordance with the policies and utilizing the general
    authorities provided in section 491.
        Sec. 495I.\560\ Assistance for Displaced Persons in Central
    America.--(a)(1) The Congress recognizes that prompt United
    States assistance is necessary to help meet the basic human
    needs of persons displaced by strife in El Salvador. Therefore,
    the President is authorized to furnish assistance, on such
    terms and conditions as he may determine, to help alleviate the
    suffering of these displaced persons. Assistance provided under
    this section shall be for humanitarian purposes, with emphasis
    on the provision of food, medicine, medical care, and shelter
    and, where possible, implementation of other relief and
    rehabilitation activities. The Congress encourages the use,
    where appropriate of the services of private and voluntary
    organizations and international relief agencies in the
    provision of assistance under this section.
    ---------------------------------------------------------------------------
        \560\ 22 U.S.C. 2292o. Sec. 495I was added by sec. 504 of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1540).
    ---------------------------------------------------------------------------
        (2) The Congress understands that the country of Belize has
    expressed interest and willingness in the resettlement in its
    territory of Haitian nationals who desire to settle in Belize.
    Therefore, the President is authorized to furnish assistance,
    on such terms and conditions as he may determine, to assist the
    Government of Belize in the resettlement of Haitian nationals
    in the national territory of Belize.
        (b) There are authorized to be appropriated to the
    President for the purposes of this section, in addition to
    amounts otherwise available for such purposes, $5,000,000 for
    the fiscal year 1982 and $5,000,000 for the fiscal year
    1983.\561\ Amounts appropriated under this section are
    authorized to remain available until expended.
    ---------------------------------------------------------------------------
        \561\ The FA Appropriations Act, 1982, provided that out of the
    $473 million in funds for migration and refugee assistance during
    fiscal year 1982, ``$5,000,000 of this amount shall be used for
    assistance for persons displaced by strife in El Salvador as provided
    in H.R. 3566 as reported May 19, 1981.''. Under the provisions of the
    Further Continuing Appropriations Act, 1983 (Public Law 97-377), which
    continued funding for foreign assistance at the rates and under the
    terms and conditions provided in the FA Appropriations Act, 1982, with
    exceptions, no prior year earmarking of funds under the ``Migration and
    Refugee Assistance'' account would apply.
    ---------------------------------------------------------------------------
        (c) Assistance under this section shall be provided in
    accordance with the policies and utilizing the general
    authorities provided in section 491.
        Sec. 495J.\562\ Lebanon Emergency Relief, Rehabilitation,
    and Reconstruction Assistance.--(a) The Congress recognizes
    that prompt United States assistance is necessary to alleviate
    the human suffering and resettlement needs of the innocent
    victims of recent strife in Lebanon. Therefore, the President
    is authorized to furnish assistance, on such terms and
    conditions as he may determine, for the relief, rehabilitation,
    and reconstruction needs of such victims. Assistance provided
    under this section shall emphasize the provision of food,
    medicine, clothing, shelter, and water supply systems, and
    similar efforts to ameliorate the suffering of the people in
    Lebanon.
    ---------------------------------------------------------------------------
        \562\ 22 U.S.C. 2292p. Sec. 495J was added by Public Law 97-208 (96
    Stat. 138). The Supplemental Appropriations Act, 1982 (Public Law 97-
    257; 96 Stat. 818 at 833), included the following:

                                   ``LEBANON EMERGENCY RELIEF

                                       ``(TRANSFER OF FUNDS)

        ``For expenses necessary to carry out the provisions of section
    495J of the Foreign Assistance Act of 1961, $50,000,000 which shall be
    derived by transfer from the Department of State, `Migration and
    Refugee Assistance', to remain available until expended: Provided, That
    of such amount not less than $10,000,000 shall be available only for
    the America University of Beirut.''.
    ---------------------------------------------------------------------------
        (b) In addition to amounts otherwise available for such
    purpose, there is authorized to be appropriated to the
    President $50,000,000 to carry out this section. Amounts
    appropriated under this subsection are authorized to remain
    available until expended.
        (c) Assistance under this section shall be furnished in
    accordance with the policies and general authorities contained
    in section 491.
        Sec. 495K.\563\ African Famine Assistance.--
    ---------------------------------------------------------------------------
        \563\ 22 U.S.C. 2292q. Sec. 495K was added by sec. 2 of the African
    Relief and Recovery Act of 1985 (Public Law 99-8; 99 Stat. 21).
        The Urgent Supplemental Appropriations, 1985--African Famine Relief
    (Public Law 99-10; 99 Stat. 27), provided the following:
        ``For an additional amount for international disaster assistance,
    $137,500,000 for emergency relief and recovery assistance for Africa,
    to be available only for such purpose and to remain available until
    March 31, 1986 Provided, That the Committee on Appropriations of each
    House of Congress is notified five days in advance of the obligation of
    any funds made available under this paragraph, unless the emergency is
    life threatening and immediate action is necessary.
    ---------------------------------------------------------------------------

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

                 Chapter 10--Development Fund for Africa \564\
      Sec. 496.\565\ Long-Term Development Assistance for Sub-
    Saharan Africa.--(a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \564\ Sec. 562(a) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2026), added chapter 10, secs. 496-497. Previously, chapter 10,
    sec. 496, relating to assistance to Portugal and Portuguese colonies in
    Africa gaining independence, as added by sec. 53 of the Foreign
    Assistance Act of 1974, was repealed by sec. 1211(a)(4) of the
    International Security and Development Cooperation Act of 1985 (Public
    Law 99-83; 99 Stat. 279).
        Sec. 562 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2030),
    further stated:
        ``(b) Evaluations.--It is the sense of the Congress that there
    should be periodic evaluations of the progress of the Agency for
    International Development in achieving the purpose specified in section
    496(c) of the Foreign Assistance Act of 1961.
        ``(c) Reports to Congress.--As part of the annual Congressional
    Presentation materials for economic assistance, the Administrator of
    the Agency for International Development shall include a description of
    the progress made during the previous fiscal year in carrying out
    chapter 10 of part I of the Foreign Assistance Act of 1961 in three
    countries in sub-Saharan Africa which represent differing economic
    situations and levels of progress. The description shall include--
    ---------------------------------------------------------------------------

              ``(1) the nature and extent of consultation to ensure local
            perspectives, as described in subsections (e)(1) and (f) of
            section 496;
              ``(2) the degree of involvement of local people in the
            implementation of projects having a local focus;
              ``(3) the extent to which there has been expansion of the
            participation and integration of African women in each of the
            critical sectors specified in section 496(i);
              ``(4) program assistance provided, including the amounts
            obligated, the criteria used for assisting reforms, and the
            provisions made pursuant to section 496(h)(2)(B) to protect
            vulnerable groups from possible negative consequences of the
            reforms; and
              ``(5) a description of the assistance for the critical sector
            priorities specified in section 496(i), by sector, including
            the amounts obligated.''.
    ---------------------------------------------------------------------------
        See related legislation in ``Assistance to Africa,'' in Legislation
    on Foreign Relations Through 2000, vol. I-B.
        \565\ 22 U.S.C. 2293.
    ---------------------------------------------------------------------------
              (1) drought and famine have caused countless deaths
            and untold suffering among the people of sub-Saharan
            Africa;
              (2) drought and famine in combination with other
            factors such as desertification, government neglect of
            the agricultural sector, and inappropriate economic
            policies have severely affected long-term development
            in sub-Saharan Africa; and
              (3) the most cost-effective and efficient way of
            overcoming Africa's vulnerability to drought and famine
            is to address Africa's long-term development needs
            through a process that builds upon the needs and
            capabilities of the African people, promotes sustained
            and equitable economic growth, preserves the
            environment, and protects the rights of the individual.
      (b) Authority To Furnish Assistance.--The President is
    authorized to furnish project and program assistance, on such
    terms and conditions as he may determine in accordance with the
    policies contained in this section, for long-term development
    in sub-Saharan Africa.
      (c) Purpose of Assistance.--
              (1) Purpose.--The purpose of assistance under this
            section shall be to help the poor majority of men and
            women in sub-Saharan Africa to participate in a process
            of long-term development through economic growth that
            is equitable, participatory, environmentally
            sustainable, and self-reliant.
              (2) Use of assistance to encourage private sector
            development.--Assistance under this section should, in
            a manner consistent with paragraph (1), be used to
            promote sustained economic growth, encourage private
            sector development, promote individual initiatives, and
            help to reduce the role of central governments in areas
            more appropriate for the private sector.
      (d) Application of Development Assistance General Authorities
    and Policies.--Except to the extent inconsistent with this
    section--
              (1) any reference in any law to chapter 1 of this
            part (including references to sections 103 through 106)
            shall be deemed to include a reference to this section;
            and
              (2) assistance under this section shall be provided
            consistent with the policies contained in section 102.
      (e) Private and Voluntary Organizations.--
              (1) Consultation to ensure local perspectives.--The
            Agency for International Development shall take into
            account the local-level perspectives of the rural and
            urban poor in sub-Saharan Africa, including women,
            during the planning process for project and program
            assistance under this section. In order to gain that
            perspective the Agency for International Development
            should consult closely with African, United States, and
            other private and voluntary organizations that have
            demonstrated effectiveness in or commitment to the
            promotion of local, grassroots activities on behalf of
            long-term development in sub-Saharan Africa as
            described in subsection (c).
              (2) Definition of private and voluntary
            organizations.--For purposes of this section, the term
            ``private and voluntary organization'' includes (in
            addition to entities traditionally considered to be
            private and voluntary organizations) cooperatives,
            credit unions, trade unions, women's groups, nonprofit
            development research institutions, and indigenous local
            organizations, which are private and nonprofit.
      (f) Local Involvement in Project Implementation.--Local
    people, including women, shall be closely consulted and
    involved in the implementation of every project under this
    section which as a local focus.
      (g) Participation of African Women.--The Agency for
    International Development shall ensure that development
    activities assisted under this section incorporate a
    significant expansion of the participation (including
    decisionmaking) and integration of African women in each of the
    critical sectors described in subsection (i).
      (h) Types of Assistance.--
              (1) Projects and programs to address critical
            sectoral priorities.--Assistance under this section
            shall emphasize primarily projects and programs to
            address critical sectoral priorities for long-term
            development described in subsection (i).
              (2) Reform of economic policies.--
                      (A) Use of program assistance.--Assistance
                    under this section may also include program
                    assistance to promote reform of sectoral
                    economic policies affecting long-term
                    development in sub-Saharan Africa as described
                    in subsection (c), with primary emphasis on
                    reform of economic policies to support the
                    critical sectoral priorities described in
                    subsection (i).
                      (B) Protection of vulnerable groups.--
                    Assisted policy reforms shall also include
                    provisions to protect vulnerable groups
                    (especially poor, isolated, and female farmers,
                    the urban poor, and children including
                    displaced children) and long-term environmental
                    interests from possible negative consequences
                    of the reforms.
              (3) \566\ Democratization and conflict resolution
            capabilities.--Assistance under this section may also
            include program assistance--
    ---------------------------------------------------------------------------
        \566\ Sec. 127(c)(1) of the African Growth and Opportunity Act
    (title I of Public Law 106-200; 114 Stat. 273) redesignated para. (3)
    as para. (4) and added a new para. (3).
    ---------------------------------------------------------------------------
                      (A) to promote democratization, good
                    governance, and strong civil societies in sub-
                    Saharan Africa; and
                      (B) to strengthen conflict resolution
                    capabilities of governmental,
                    intergovernmental, and nongovernmental entities
                    in sub-Saharan Africa.
              (4) \566\ Other assistance.--Funds made available to
            carry out this section shall be used almost exclusively
            for assistance in accordance with paragraphs (1), (2),
            and (3).\567\ Assistance consistent with the purpose of
            subsection (c) may also be furnished under this section
            to carry out the provisions of sections 103 through 106
            of this Act.
    ---------------------------------------------------------------------------
        \567\ Sec. 127(c)(1) 2f the African Growth and Opportunity Act
    (title I of Public Law 106-200; 114 Stat. 273) struck out ``paragraphs
    (1) and (2)'' and inserted in lieu thereof ``paragraphs (1), (2), and
    (3)''.
    ---------------------------------------------------------------------------
      (i) Critical Sectoral Priorities.--The critical sectoral
    priorities for long-term development, as described in
    subsection (c), are the following:
              (1) Agricultural production and natural resources.--
                      (A) Agricultural production.--Increasing
                    agricultural production in ways which protect
                    and restore the natural resource base,
                    especially food production, through
                    agricultural policy changes, agricultural
                    research (including participatory research
                    directly involving small farmers) and
                    extension, development and promotion of
                    agriculture marketing activities, credit
                    facilities, and appropriate production
                    packages, and the construction and improvement
                    of needed production-related infrastructure
                    such as farm-to-market roads, small-scale
                    irrigation, and rural electrification. Within
                    this process, emphasis shall be given to
                    promoting increased equity in rural income
                    distribution, recognizing the role of small
                    farmers.
                      (B) Natural resource base.--Maintaining and
                    restoring the renewable natural resource base
                    primarily in ways which increase agricultural
                    production, through the following:
                              (i) Small-scale, affordable,
                            resource-conserving, low-risk local
                            projects, using appropriate
                            technologies (including traditional
                            agricultural methods) suited to local
                            environmental, resource, and climatic
                            conditions, and featuring close
                            consultation with and involvement of
                            local people at all stages of project
                            design and implementation. Emphasis
                            shall be given to grants for African
                            local government organizations,
                            international or African
                            nongovernmental organizations, and
                            United States private and voluntary
                            organizations.
                              (ii) Support for efforts at national
                            and regional levels to provide
                            technical and other support for
                            projects of the kinds described in
                            clause (i) and to strengthen the
                            capacities of African countries to
                            provide effective extension and other
                            services in support of environmentally
                            sustainable increases in food
                            production.
                              (iii) Support for special training
                            and education efforts to improve the
                            capacity of countries in sub-Saharan
                            Africa to manage their own environments
                            and natural resources.
                              (iv) Support for low-cost
                            desalination activities in order to
                            increase the availability of fresh
                            water sources in sub-Saharan Africa.
              (2) Health.--Improving health conditions, with
            special emphasis on meeting the health needs of mothers
            and children (including displaced children) through the
            establishment of primary health care systems that give
            priority to preventive health and that will be
            ultimately self-sustaining. In addition, providing
            training and training facilities, in sub-Saharan
            Africa, for doctors and other health care providers,
            notwithstanding any provision of law that restricts
            assistance to foreign countries.\568\
    ---------------------------------------------------------------------------
        \568\ Sec. 111(b) of the Global AIDS and Tuberculosis Relief Act of
    2000 (Public Law 106-264; 114 Stat. 752) added this sentence.
    ---------------------------------------------------------------------------
              (3) Voluntary family planning services.--Providing
            increased access to voluntary family planning services,
            including encouragement of private, community, and
            local government initiatives.
              (4) Education.--Improving the relevance, equity, and
            efficiency of education, with special emphasis on
            improving primary education.
              (5) Income-generating opportunities.--Developing
            income-generating opportunities for the unemployed and
            underemployed in urban and rural areas through, among
            other things, support for off-farm employment
            opportunities in micro- and small-scale labor-intensive
            enterprises.
      (j) Minimum Levels of Assistance for Certain Critical
    Sectors.--The Agency for International Development should
    target the equivalent of 10 percent of the amount authorized to
    be appropriated for each fiscal year to carry out this chapter
    for each of the following:
              (1) The activities described in subsection (i)(1)(B),
            including identifiable components of agricultural
            production projects.
              (2) The activities described in subsection (i)(2).
              (3) The activities described in subsection (i)(3).
      (k) Effective Use of Assistance.--Assistance provided under
    this section shall be concentrated in countries which will make
    the most effective use of such assistance in order to fulfill
    the purpose specified in subsection (c), especially those
    countries (including those of the Sahel region) having the
    greatest need for outside assistance.
      (l) Promotion of Regional Integration.--Assistance under this
    section shall, to the extent consistent with this section,
    include assistance to promote the regional and subregional
    integration of African production structures, markets, and
    infrastructure.
      (m) Donor Coordination Mechanism.--Funds made available to
    carry out this section may be used to assist the governments of
    countries in sub-Saharan Africa to increase their capacity to
    participate effectively in donor coordination mechanisms at the
    country, regional, and sector levels.
      (n) Relation to Other Authorities.--
              (1) Assistance under other authorities.--The
            authority granted by this section to provide assistance
            for long-term development in sub-Saharan Africa is not
            intended to preclude the use of other authorities for
            that purpose. Centrally funded programs which benefit
            sub-Saharan Africa shall continue to be funded under
            chapter 1 of part I of this Act.
              (2) Transfer authorities.--
                      (A) The transfer authority contained in
                    section 109 of this Act shall not apply with
                    respect to this section.
                      (B) The transfer authority contained in
                    section 610(a) of this Act may not be used to
                    transfer funds made available to carry out this
                    section in order to allow them to be used in
                    carrying out any other provision of this Act.
              (3) Reprogramming notifications.--Section 634A of
            this Act does not apply with respect to funds made
            available to carry out this section.
              (4) Procurement of goods and services.--In order to
            allow the assistance authorized by this section to be
            furnished as effectively and expeditiously as possible,
            section 604(a) of this Act, and similar provisions
            relating to the procurement of goods and services,
            shall not apply with respect to goods and services
            procured for use in carrying out this section. The
            exemption provided by this paragraph shall not be
            construed to apply to the Comprehensive Anti/Apartheid
            \569\ Act of 1986.
    ---------------------------------------------------------------------------
        \569\ Should read ``Anti-Apartheid''.
    ---------------------------------------------------------------------------
      (o) Support for SADCC Projects.--
              (1) Authority to provide assistance.--To the extent
            funds are provided for such purpose in the annual
            Foreign Operations, Export Financing, and Related
            Programs Appropriations Act, funds made available to
            carry out this chapter may be used to assist sector
            projects, in the sectors specified in paragraph (2),
            that are supported by the Southern Africa Development
            Coordination Conference (SADCC) to enhance the economic
            development of the member states forming that regional
            institution.
              (2) Sectors.--The sectors with respect to which
            assistance may be provided under this subsection are
            the following: transportation; manpower development;
            agriculture and natural resources; energy (including
            the improved utilization of electrical power sources
            which already exist in the member states and offer the
            potential to swiftly reduce the dependence of those
            states on South Africa for electricity); and industrial
            development and trade (including private sector
            initiatives).
              (3) Relation to dfa policies and authorities.--To the
            maximum extent feasible, the assistance authorized by
            this subsection shall be provided consistent with the
            policies and authorities contained in the preceding
            subsection of this section.
      Sec. 497.\570\ Authorizations of Appropriations for the
    Development Fund for Africa.--Funds appropriated to carry out
    this chapter are authorized to be made available until
    expended. It is the sense of the Congress that the authority of
    this subsection should be used to extend the period of
    availability of those funds whenever appropriate to improve the
    quality of assistance provided under section 496.\571\
    ---------------------------------------------------------------------------
        \570\ 22 U.S.C. 2294.
        \571\ Congress did not enact an authorization for fiscal year 2001.
    Instead, the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000,
    enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat.
    1900), waived the requirements for authorization, and title II of that
    Act provided the following:
    ---------------------------------------------------------------------------

                     ``AGENCY FOR INTERNATIONAL DEVELOPMENT

                   ``CHILD SURVIVAL AND DISEASE PROGRAMS FUND
    ---------------------------------------------------------------------------
        ``For necessary expenses to carry out the provisions of chapters 1
    and 10 of part I of the Foreign Assistance Act of 1961, for child
    survival, basic education, assistance to combat tropical and other
    infectious diseases, and related activities, in addition to funds
    otherwise available for such purposes, $963,000,000, to remain
    available until expended: Provided, That this amount shall be made
    available for such activities as: (1) immunization programs; (2) oral
    rehydration programs; (3) health and nutrition programs, and related
    education programs, which address the needs of mothers and children;
    (4) water and sanitation programs; (5) assistance for displaced and
    orphaned children; (6) programs for the prevention, treatment, and
    control of, and research on, tuberculosis, HIV/AIDS, polio, malaria and
    other infectious diseases; and (7) basic education programs for
    children: Provided further, That none of the funds appropriated under
    this heading may be made available for nonproject assistance, except
    that funds may be made available for such assistance for basic
    education and ongoing health programs: Provided further, That of the
    funds appropriated under this heading, not to exceed $125,000, in
    addition to funds otherwise available for such purposes, may be used to
    monitor and provide oversight of child survival, maternal health, and
    infectious disease programs: Provided further, That the following
    amounts should be allocated as follows: $295,000,000 for child survival
    and maternal health; $30,000,000 for vulnerable children; $300,000,000
    for HIV/AIDS; $125,000,000 for other infectious diseases; $103,000,000
    for children's basic education; and $110,000,000 for UNICEF: Provided
    further, That of the funds appropriated under this heading, up to
    $50,000,000 may be made available for a United States contribution to
    the Global Fund for Children's Vaccines, up to $10,000,000 may be made
    available for the International AIDS Vaccine Initiative, and up to
    $20,000,000 may be made available for a United States contribution to
    an international HIV/AIDS fund as authorized by subtitle B, title I of
    Public Law 106-264, or a comparable international HIV/AIDS fund.
    ---------------------------------------------------------------------------

                            ``DEVELOPMENT ASSISTANCE

                        ``(INCLUDING TRANSFER OF FUNDS)
    ---------------------------------------------------------------------------
        ``For necessary expenses to carry out the provisions of sections
    103 through 106, and chapter 10 of part I of the Foreign Assistance Act
    of 1961, title V of the International Security and Development
    Cooperation Act of 1980 (Public Law 96-533) and the provisions of
    section 401 of the Foreign Assistance Act of 1969, $1,305,000,000, to
    remain available until September 30, 2002: * * * Provided further, That
    of the amount appropriated under this heading, up to $16,000,000 may be
    made available for the African Development Foundation and shall be
    apportioned directly to that agency: * * *''.
    ---------------------------------------------------------------------------

    Chapter 11--Support for the Economic and Democratic Development of the
              Independent States of the Former Soviet Union \572\

    SEC. 498.\573\, \574\ ASSISTANCE FOR THE INDEPENDENT STATES.

        The President is authorized to provide assistance to the
    independent states of the former Soviet Union under this
    chapter for the following activities:
    ---------------------------------------------------------------------------
        \572\ Sec. 201 of the FREEDOM Support Act (Public Law 102-511; 106
    Stat. 3324) added chapter 11, secs. 498-498C.
        \573\ 22 U.S.C. 2295.
        \574\ Section 3(b) of Executive Order 12884 of December 1, 1993 (58
    F.R. 64099; December 3, 1993), as amended, delegated to the Secretary
    of State those functions conferred upon the President in sec. 498. This
    delegation of authority is subject to the authority of the Coordinator
    (as established in sec. 102 of the FREEDOM Support Act; 22 U.S.C. 5812)
    under sec. 102 of that Act. Sec. 3 of that Executive Order ceased to be
    effective with enactment of the Foreign Affairs Reform and
    Restructuring Act of 1998, pursuant to sec. 1422(a)(4) (division G of
    Public Law 105-277; 112 Stat. 2681).
    ---------------------------------------------------------------------------
              (1) Urgent humanitarian needs.--Meeting urgent
            humanitarian needs (including those arising from the
            health effects of exposure to radiation in the
            Chernobyl region), in particular--
                      (A) meeting needs for medicine, medical
                    supplies and equipment, and food, including the
                    nutritional needs of infants such as processed
                    baby food; and
                      (B) continuing efforts to rebuild from the
                    earthquake in Armenia.
              (2) Democracy.--Establishing a democratic and free
            society by fostering--
                      (A) political, social, and economic
                    pluralism;
                      (B) respect for internationally recognized
                    human rights and the rule of law;
                      (C) the development of institutions of
                    democratic governance, including electoral and
                    legislative processes;
                      (D) the institution and improvement of public
                    administration at the national,
                    intergovernmental, regional, and local level;
                      (E) the development of a free and independent
                    media;
                      (F) the development of effective control by
                    elected civilian officials over, and the
                    development of a nonpolitical officer corps in,
                    the military and security forces; and
                      (G) strengthened administration of justice
                    through programs and activities carried out in
                    accordance with section 498B(e).
              (3) Free market systems.--Creating and developing
            private enterprise and free market systems based on the
            principle of private ownership of property, including--
                      (A) the development of private cooperatives,
                    credit unions, and labor unions;
                      (B) the improvement in the collection and
                    analysis of statistical information;
                      (C) the reform and restructuring of banking
                    and financial systems; and
                      (D) the protection of intellectual property.
              (4) Trade and investment.--Creating conditions that
            promote trade and investment, and encouraging
            participation of the United States private sector in
            the development of the private sector in the
            independent states of the former Soviet Union.
              (5) Food distribution and production.--Promoting
            market-based mechanisms for the distribution of the
            inputs necessary to agricultural production and for the
            handling, marketing, storage, and processing of
            agricultural commodities; encouraging policies that
            provide incentives for agricultural production; and
            creating institutions that provide technical and
            financial support for the agricultural sector.
              (6) Health and human services.--Promoting programs to
            strengthen and build institutions that provide quality
            health care and voluntary family planning services,
            housing, and other services and policies that are
            components of a social safety net, particularly for
            infants, children, and people with disabilities.
              (7) Education and educational television.--Promoting
            broad-based educational reform at all levels, in
            particular--
                      (A) by assisting the development of curricula
                    and by making available textbooks, other
                    educational materials, and appropriate
                    telecommunications technologies for the
                    delivery of educational and instructional
                    programming; and
                      (B) by assisting the development of the
                    skills necessary to produce educational
                    television programs aimed at promoting basic
                    skills and the human values associated with a
                    democratic society and a free market economy.
              (8) Energy efficiency and production.--Promoting
            market-based pricing policies and the transfer of
            technologies that reduce energy wastage and harmful
            emissions; supporting developmentally sound capital
            energy projects that utilize United States advanced
            coal technologies; and promoting efficient production,
            use, and transportation of oil, gas, coal, and other
            sources of energy.
              (9) Civilian nuclear reactor safety.--Implementing--
                      (A) a program of short-term safety upgrade of
                    civilian nuclear power plants, including the
                    training of power plant personnel,
                    implementation of improved procedures for
                    nuclear power plant operation, the development
                    of effective and independent regulatory
                    authorities, and cost-effective hardware
                    upgrades; and
                      (B) a program to retire those civilian
                    nuclear power plants whose capacity could be
                    more cost-effectively replaced through energy
                    efficiency.
              (10) Environment.--Enhancing the human and natural
            environment and conserving environmental resources,
            including through--
                      (A) facilitation of the adoption of
                    environmentally-sound policies and
                    technologies, environmental restoration, and
                    sustainable use of natural resources;
                      (B) promotion of the provision of
                    environmental technology, education, and
                    training by United States businesses, not-for-
                    profit organizations, and institutions of
                    higher education; and
                      (C) promotion of cooperative research efforts
                    to validate and improve environmental
                    monitoring of protracted radiation exposure.
              (11) Transportation and telecommunications.--
            Improving transportation and telecommunications
            infrastructure and management, including intermodal
            transportation systems to ensure the safe and efficient
            movement of people, products, and materials.
              (12) Drug education, interdiction, and eradication.--
            Promoting drug education, interdiction, and eradication
            programs.
              (13) Migration.--Protecting and caring for refugees,
            displaced persons, and other migrants; addressing the
            root causes of migration; and promoting the development
            of appropriate immigration and emigration laws and
            procedures.

    SEC. 498A.\575\ CRITERIA FOR ASSISTANCE TO GOVERNMENTS OF THE
                        INDEPENDENT STATES.

        (a) \576\ In General.--In providing assistance under this
    chapter for the government of any independent state of the
    former Soviet Union, the President shall take into account not
    only relative need but also the extent to which that
    independent state is acting to--
    ---------------------------------------------------------------------------
        \575\ 22 U.S.C. 2295a. Sec. 907 of the FREEDOM Support Act (Public
    Law 102-511; 106 Stat. 3357) provided the following restriction:
        ``SEC. 907. RESTRICTION ON ASSISTANCE TO AZERBAIJAN.
        ``United States assistance under this or any other Act (other than
    assistance under title V of this Act) may not be provided to the
    Government of Azerbaijan until the President determines, and so reports
    to the Congress, that the Government of Azerbaijan is taking
    demonstrable steps to cease all blockades and other offensive uses of
    force against Armenia and Nagorno-Karabakh.''.
        See also footnote at sec. 498C.
        \576\ Section 2(c) of Executive Order 12884 of December 1, 1993 (58
    F.R. 64099; December 3, 1993) delegated to the Coordinator (as
    established in sec. 102 of the FREEDOM Support Act; 22 U.S.C. 5812)
    those functions conferred upon the President in sections 498A(a),
    498B(c) and 498B(g).
    ---------------------------------------------------------------------------
              (1) make significant progress toward, and is
            committed to the comprehensive implementation of, a
            democratic system based on principles of the rule of
            law, individual freedoms, and representative government
            determined by free and fair elections;
              (2) make significant progress in, and is committed to
            the comprehensive implementation of, economic reform
            based on market principles, private ownership, and
            integration into the world economy, including
            implementation of the legal and policy frameworks
            necessary for such reform (including protection of
            intellectual property and respect for contracts);
              (3) respect internationally recognized human rights,
            including the rights of minorities and the rights to
            freedom of religion and emigration;
              (4) respect international law and obligations and
            adhere to the Helsinki Final Act of the Conference on
            Security and Cooperation in Europe and the Charter of
            Paris, including the obligations to refrain from the
            threat or use of force and to settle disputes
            peacefully;
              (5) cooperate in seeking peaceful resolution of
            ethnic and regional conflicts;
              (6) implement responsible security policies,
            including--
                      (A) adhering to arms control obligations
                    derived from agreements signed by the former
                    Soviet Union;
                      (B) reducing military forces and expenditures
                    to a level consistent with legitimate defense
                    requirements;
                      (C) not proliferating nuclear, biological, or
                    chemical weapons, their delivery systems, or
                    related technologies; and
                      (D) restraining conventional weapons
                    transfers;
              (7) take constructive actions to protect the
            international environment, prevent significant
            transborder pollution, and promote sustainable use of
            natural resources;
              (8) deny support for acts of international terrorism;
              (9) accept responsibility for paying an equitable
            portion of the indebtedness to United States firms
            incurred by the former Soviet Union;
              (10) cooperate with the United States Government in
            uncovering all evidence regarding Americans listed as
            prisoners-of-war, or otherwise missing during American
            operations, who were detained in the former Soviet
            Union during the Cold War; and
              (11) terminate support for the communist regime in
            Cuba, including removal of troops, closing military and
            intelligence facilities, including the military and
            intelligence facilities at Lourdes and Cienfuegos,\577\
            and ceasing trade subsidies and economic, nuclear, and
            other assistance.
    ---------------------------------------------------------------------------
        \577\ Sec. 106(b) of the Cuban Liberty and Democratic Solidarity
    (LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 795) struck out
    ``of military facilities'' and inserted in lieu thereof ``military and
    intelligence facilities, including the military and intelligence
    facilities at Lourdes and Cienfuegos''.
        Sec. 111(b) of that Act (110 Stat. 802) further provided that
    ``Notwithstanding any other provision of law, the President shall
    withhold from assistance allocated on or after [March 12, 1996], for
    any country an amount equal to the sum of assistance and credits, if
    any, provided on or after [March 12, 1996] by that country or any
    entity in that country in support of the completion of the Cuban
    nuclear facility at Juragua, near Cienfuegos, Cuba.''.
    ---------------------------------------------------------------------------
        (b) \578\, \579\ Ineligibility for Assistance.--
    The President shall not provide assistance under this chapter--
    ---------------------------------------------------------------------------
        \578\ Section 1(a)(2) of Executive Order 12884 of December 1, 1993
    (58 F.R. 64099; December 3, 1993), as amended, delegated to the
    Secretary of State those functions conferred upon the President in
    paragraphs (1), (2), (3), and (5) of sec. 498A(b).
        See also in the Foreign Assistance Appropriations, 2001: sec. 517--
    Independent States of the Former Soviet Union; and sec. 565--
    Discrimination Against Minority Religious Faiths in the Russian
    Federation.
        \579\ On August 7, 1996, the State Department issued Public Notice
    2306, stating that ``the Secretary of State has made a determination
    pursuant to Section 498A of the Foreign Assistance Act of 1961, as
    amended, and has concluded that publication of the determination would
    be harmful to the national security of the United States.'' (61 F.R.
    10056).
    ---------------------------------------------------------------------------
              (1) for the government of any independent state that
            the President determines is engaged in a consistent
            pattern of gross violations of internationally
            recognized human rights or of international law;
              (2) for the government of any independent state that
            the President determines has failed to take
            constructive actions to facilitate the effective
            implementation of applicable arms control obligations
            derived from agreements signed by the former Soviet
            Union;
              (3) for the government of any independent state that
            the President determines has, on or after the date of
            enactment of this chapter, knowingly transferred to
            another country--
                      (A) missiles or missile technology
                    inconsistent with the guidelines and parameters
                    of the Missile Technology Control Regime; or
                      (B) any material, equipment, or technology
                    that would contribute significantly to the
                    ability of such country to manufacture any
                    weapon of mass destruction (including nuclear,
                    chemical, and biological weapons) if the
                    President determines that the material,
                    equipment, or technology was to be used by such
                    country in the manufacture of such weapon;
              (4) for the government of any independent state that
            is prohibited from receiving such assistance by section
            101 or 102 of the Arms Export Control Act \580\ or
            sections 306(a)(1) and 307 of the Chemical and
            Biological Weapons Control and Warfare Elimination Act
            of 1991; \581\, \582\
    ---------------------------------------------------------------------------
        \580\ Formerly referred to section 669 or 670 of this Act. Sec.
    826(b) of the Foreign Relations Authorization Act, Fiscal Years 1994
    and 1995 (Public Law 103-236; 108 Stat. 519), repealed those two
    sections, and sec. 826(c) of that Act stated that ``Any reference in
    law as of the date of enactment of this Act [April 30, 1994] to section
    669 or 670 of the Foreign Assistance Act of 1961 shall, after such
    date, be deemed to be a reference to section 101 or 102, as the case
    may be, of the Arms Export Control Act.''.
        \581\ For text of the Chemical and Biological Weapons Control and
    Warfare Elimination Act of 1991, see Legislation on Foreign Relations
    Through 2000, vol. II, sec. F.
        \582\ Sec. 106(c)(1) of the Cuban Liberty and Democratic Solidarity
    (LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 796) struck out
    ``or'' at the end of para. (4); redesignated para. (5) as para. (6);
    and added a new para. (5).
    ---------------------------------------------------------------------------
              (5) \582\ for the government of any independent state
            effective 30 days after the President has determined
            and certified to the appropriate congressional
            committees (and Congress has not enacted legislation
            disapproving the determination within that 30-day
            period) that such government is providing assistance
            for, or engaging in nonmarket based trade (as defined
            in section 498B(k)(3)) with, the Cuban Government; or
              (6) \582\ for the Government of Russia if it has
            failed to make significant progress on the removal of
            Russian or Commonwealth of Independent States troops
            from Estonia, Latvia, and Lithuania or if it has failed
            to undertake good faith efforts, such as negotiations,
            to end other military practices that violate the
            sovereignty of the Baltic states.
      (c) Exceptions to Ineligibility.--Assistance prohibited by
    subsection (b) or any similar provision of law, other than
    assistance prohibited by the provisions referred to in
    subsection (b)(4), may be furnished under any of the following
    circumstances:
              (1) \583\ The President determines that furnishing
            such assistance is important to the national interest
            of the United States.
    ---------------------------------------------------------------------------
        \583\ Section 1(a)(3) of Executive Order 12884 of December 1, 1993
    (58 F.R. 64099; December 3, 1993) delegated to the Secretary of State
    those functions conferred upon the President in paragraph (1) of
    ``section 498A(C)'', ``and the requirement to make reports under that
    section regarding determinations under that paragraph''. As there is no
    such designation in the Foreign Assistance Act, the Executive Order is
    probably referring to sec. 498A(c).
    ---------------------------------------------------------------------------
              (2) \584\ The President determines that furnishing
            such assistance will foster respect for internationally
            recognized human rights and the rule of law or the
            development of institutions of democratic governance.
    ---------------------------------------------------------------------------
        \584\ Section 2(d) of Executive Order 12884 of December 1, 1993 (58
    F.R. 64099; December 3, 1993) delegated to the Coordinator (as
    established in sec. 102 of the FREEDOM Support Act; 22 U.S.C. 5812)
    those functions conferred upon the President in paragraph (2) of sec.
    498A(c), and the requirement to make reports under that section
    regarding determinations under that paragraph.
    ---------------------------------------------------------------------------
              (3) \585\ The assistance is furnished for the
            alleviation of suffering resulting from a natural or
            man-made disaster.
    ---------------------------------------------------------------------------
        \585\ Section 3(c) of Executive Order 12884 of December 1, 1993 (58
    F.R. 64099; December 3, 1993), as amended, delegated to the Secretary
    of State those functions conferred upon the President in paragraph (3)
    of sec. 498A(c), and the requirement to make reports under that section
    regarding determinations under that paragraph. This delegation of
    authority is subject to the authority of the Coordinator (as
    established in sec. 102 of the FREEDOM Support Act; 22 U.S.C. 5812)
    under sec. 102 of that Act. Sec. 3 of that Executive Order ceased to be
    effective with enactment of the Foreign Affairs Reform and
    Restructuring Act of 1998, pursuant to sec. 1422(a)(4) (division G of
    Public Law 105-277; 112 Stat. 2681).
    ---------------------------------------------------------------------------
              (4) \586\ The assistance is provided under the
            secondary school exchange program administered by the
            United States Information Agency.
    ---------------------------------------------------------------------------
        \586\ Sec. 106(c)(3) of the Cuban Liberty and Democratic Solidarity
    (LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 796) added para.
    (4).
    ---------------------------------------------------------------------------
    The President shall immediately report to the Congress any
    determination under paragraph (1) or (2) or any decision to
    provide assistance under paragraph (3).
        (d) \587\ Reduction in Assistance for Support of
    Intelligence Facilities in Cuba.--
    ---------------------------------------------------------------------------
        \587\ Sec. 106(d)(2) of the Cuban Liberty and Democratic Solidarity
    (LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 797) added
    subsec. (d). Sec. 106(d)(1) of that Act further provided the following:
        ``(d) facilities at lourdes, cuba.--
    ---------------------------------------------------------------------------

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

    SEC. 498B.\588\ AUTHORITIES RELATING TO ASSISTANCE AND OTHER
                        PROVISIONS.

        (a) Assistance Through Governments and Nongovernmental
    Organizations.--Assistance under this chapter may be provided
    to governments or through nongovernmental organizations.
    ---------------------------------------------------------------------------
        \588\ 22 U.S.C. 2295b.
    ---------------------------------------------------------------------------
      (b) Technical and Managerial Assistance.--Technical
    assistance under this chapter shall, to the maximum extent
    feasible, be provided on a long term, on-site basis and shall
    emphasize the provision of practical, management and other
    problem-solving advice, particularly advice on private
    enterprise provided by United States business volunteers.
      (c) \576\ Enterprise Funds.--Activities supported pursuant to
    this chapter may include the establishment of and the provision
    of support for one or more enterprise funds for the independent
    states of the former Soviet Union. If the President determines
    \589\ that an enterprise fund should be established and
    supported under this chapter, the provisions contained in
    section 201 of the Support for East European Democracy (SEED)
    Act of 1989 (excluding the authorizations of appropriations
    provided in subsection (b) of that section) shall be deemed to
    apply with respect to such enterprise fund and to funds made
    available to such enterprise fund pursuant to this chapter.
    ---------------------------------------------------------------------------
        \589\ In Department of State Public Notice 1926 of December 10,
    1993, the Coordinator of U.S. Assistance to the New Independent States
    determined that the following enterprise funds should be established
    and supported under chapter 11 of part I of the Act: (1) The Russian-
    American Enterprise Fund, (2) The Fund for Large Enterprise
    Restructuring, and (3) The Central Asia Regional Enterprise Fund (58
    F.R. 69441). Department of State Public Notice 1976 of March 23, 1994,
    determined that the Western NIS Enterprise Fund should be established
    and supported under chapter 11 of part I (59 F.R. 16255). Department of
    State Public Notice 2228 of June 23, 1995, determined that the U.S.
    Russia Investment Fund should be established and supported under
    chapter 11 of part I (61 F.R. 36176).
    ---------------------------------------------------------------------------
      (d) Cooperative Development and Research Projects.--
    Assistance under this chapter may include support for
    cooperative development projects, including cooperative
    development research projects, among the United States, other
    countries, and independent states of the former Soviet Union.
      (e) Administration of Justice Programs.--In order to
    strengthen the administration of justice in the independent
    states of the former Soviet Union under paragraph (2)(G) of
    section 498, the President may exercise the same authorities as
    are available under section 534 of this Act, subject to the
    limitations and requirements of that section, other than
    subsection (c) and the last two sentences of subsection (e).
      (f) Use of Economic Support Funds.--Any funds that have been
    allocated under chapter 4 of part II for assistance for the
    independent states of the former Soviet Union may be used in
    accordance with the provisions of this chapter.
      (g) \576\ Use of SEED Agency Funds and Administrative
    Authorities.--The President may authorize any agency of the
    United States Government that has authority to conduct
    activities under the Support for East European Democracy (SEED)
    Act of 1989 to use--
              (1) any funds that are available to it for activities
            related to international affairs outside Eastern
            Europe, and
              (2) any administrative authorities that are available
            to it for activities with respect to Eastern Europe,
    to conduct activities authorized by section 498 with respect to
    the independent states of the former Soviet Union.
      (h) \590\ Procurement Restrictions.--Funds made available for
    assistance under this chapter may be used for procurement--
    ---------------------------------------------------------------------------
        \590\ Section 5(a) of Executive Order 12884 of December 1, 1993 (58
    F.R. 64099; December 3, 1993) delegated to the head of the agency that
    is responsible for administering relevant programs or activities those
    functions conferred upon the President in sections 498B(h) and 498B(i).
    This delegation of authority is subject to the authority of the
    Coordinator (as established in sec. 102 of the FREEDOM Support Act; 22
    U.S.C. 5812) under sec. 102 of that Act.
    ---------------------------------------------------------------------------
              (1) in the United States, the independent states of
            the former Soviet Union, or a developing country; or
              (2) in any other country but only if--
                      (A) the provision of such assistance requires
                    commodities or services of a type that are not
                    produced in and available for purchase in any
                    country specified in paragraph (1); or
                      (B) the President determines, on a case-by-
                    case basis, that procurement in such other
                    country is necessary--
                              (i) to meet unforeseen circumstances,
                            such as emergency situations, where it
                            is important to permit procurement in a
                            country not specified in paragraph (1),
                            or
                              (ii) to promote efficiency in the use
                            of United States foreign assistance
                            resources, including to avoid
                            impairment of foreign assistance
                            objectives.
      (i) Terms and Conditions.--Assistance under this chapter
    shall be provided on such terms and conditions as the President
    may determine, consistent with applicable provisions of law
    (except as otherwise provided in subsection (j)).
      (j) Waiver of Certain Provisions.--
              (1) In general.--Funds authorized to be appropriated
            for fiscal year 1993 by this chapter, and any other
            funds appropriated for fiscal year 1993 that are used
            under the authority of subsection (f) or (g), may be
            used to provide assistance under this chapter
            notwithstanding any other provision of law, except
            for--
                      (A) this chapter;
                      (B) section 634A of this Act and comparable
                    notification requirements contained in sections
                    of the annual foreign operations, export
                    financing, and related programs Act;
                      (C) sections 101 and 102 of the Arms Export
                    Control Act \591\ and sections 306 and 307 of
                    the Chemical and Biological Weapons Control and
                    Warfare Elimination Act of 1961,\592\ to the
                    extent that they apply to assistance to
                    governments; and
    ---------------------------------------------------------------------------
        \591\ Formerly referred to sections 669 and 670 of this Act. Sec.
    826(b) of the Foreign Relations Authorization Act, Fiscal Years 1994
    and 1995 (Public Law 103-236; 108 Stat. 519) repealed those two
    sections, and sec. 826(c) of that Act stated that ``Any reference in
    law as of the date of enactment of this Act [April 30, 1994] to section
    669 or 670 of the Foreign Assistance Act of 1961 shall, after such
    date, be deemed to be a reference to section 101 or 102 , as the case
    may be, of the Arms Export Control Act.''.
        \592\ So in original. Should read ``1991''. Sec. 306 (22 U.S.C.
    5604) and sec. 307 (22 U.S.C. 5605) may be found in Legislation on
    Foreign Relations Through 2000, vol. II, sec. F.
    ---------------------------------------------------------------------------
                      (D) section 1341 of title 31, United States
                    Code (commonly referred to as the ``Anti-
                    Deficiency Act''), the Congressional Budget and
                    Impoundment Control Act of 1974, the Balanced
                    Budget and Emergency Deficit Control Act of
                    1985, and the Budget Enforcement Act of
                    1990.\593\
    ---------------------------------------------------------------------------
        \593\ Public Law 97-258 (96 Stat. 877 at 923), Public Law 93-344
    (88 Stat. 297), Public Law 99-177 (99 Stat. 1037), and title XIII of
    Public Law 101-508 (104 Stat. 1388-573), respectively.
    ---------------------------------------------------------------------------
              (2) Nuclear reactor safety and related activities.--
            Any provision that corresponds to section 510 of the
            Foreign Operations, Export Financing, and Related
            Programs Appropriations Act, 1991 (relating to the
            prohibition on financing exports of nuclear equipment,
            fuel, and technology) \594\ shall not apply with
            respect to funds used pursuant to this chapter.
    ---------------------------------------------------------------------------
        \594\ Sec. 510 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2003), is restated currently by sec. 506 of the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    2000 (H.R. 3422, enacted by reference in sec. 1000(a)(2) of Public Law
    106-113; 113 Stat. 1535).
    ---------------------------------------------------------------------------
      (k) Definitions.--
              (1) Appropriate congressional committees.--As used in
            this chapter, the term ``appropriate congressional
            committees'' means the Committee on Foreign Affairs
            \595\ and the Committee on Appropriations of the House
            of Representatives and the Committee on Foreign
            Relations and the Committee on Appropriations of the
            Senate.
    ---------------------------------------------------------------------------
        \595\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
              (2) Independent states of the former soviet union.--
            As used in this chapter, the terms ``independent states
            of the former Soviet Union'' and ``independent states''
            have the meaning given those terms by section 3 of the
            Freedom for Russia and Emerging Eurasian Democracies
            and Open Markets Support Act of 1992.
              (3) \596\ 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--
    ---------------------------------------------------------------------------
        \596\ Sec. 106(c)(2) of the Cuban Liberty and Democratic Solidarity
    (LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 796) added para.
    (3).
    ---------------------------------------------------------------------------
                      (A) exports to the Cuban Government on terms
                    that involve a grant, concessional price,
                    guaranty, insurance, or subsidy;
                      (B) imports from the Cuban Government at
                    preferential tariff rates;
                      (C) exchange arrangements that include
                    advance delivery of commodities, arrangements
                    in which the Cuban Government is not held
                    accountable for unfulfilled exchange contracts,
                    and arrangements under which Cuba does not pay
                    appropriate transportation, insurance, or
                    finance costs; and
                      (D) the exchange, reduction, or forgiveness
                    of debt of the Cuban Government in return for a
                    grant by the Cuban Government of an equity
                    interest in a property, investment, or
                    operation of the Cuban Government or of a Cuban
                    national.
              (4) Cuban government.--(A) The term ``Cuban
            Government'' includes the government of any political
            subdivision of Cuba, and any agency or instrumentality
            of the Government of Cuba.
              (B) For purposes of subparagraph (A), the term
            ``agency or instrumentality of the Government of Cuba''
            means an agency or instrumentality of a foreign state
            as defined in section 1603(b) of title 28, United
            States Code, with each reference in such section to ``a
            foreign state'' deemed to be a reference to ``Cuba''.

    SEC. 498C.\597\ AUTHORIZATION OF APPROPRIATIONS.

        (a) In general.--To carry out this chapter, there are
    authorized to be appropriated to the President for fiscal year
    1993 $410,000,000, in addition to amounts otherwise available
    for assistance for the independent states of the former Soviet
    Union. Amounts appropriated pursuant to this subsection are
    authorized to remain available until expended.\598\
    ---------------------------------------------------------------------------
        \597\ 22 U.S.C. 2295c.
        \598\ Congress did not enact an authorization for fiscal year 2001.
    Instead, the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000,
    enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat.
    1900), waived the requirements for authorization, and titles II and V
    of that Act provided the following:
    ---------------------------------------------------------------------------

                   ``TITLE II--BILATERAL ECONOMIC ASSISTANCE
              * * * * * * *

       ``assistance for the independent states of the former soviet union
    ---------------------------------------------------------------------------
        ``(a) For necessary expenses to carry out the provisions of
    chapters 11 and 12 of part I of the Foreign Assistance Act of 1961 and
    the FREEDOM Support Act, for assistance for the Independent States of
    the former Soviet Union and for related programs, $810,000,000, to
    remain available until September 30, 2002: Provided, That the
    provisions of such chapters shall apply to funds appropriated by this
    paragraph: Provided further, That of the funds made available for the
    Southern Caucasus region, notwithstanding any other provision of law,
    15 percent may be used for confidence-building measures and other
    activities in furtherance of the peaceful resolution of the regional
    conflicts, especially those in the vicinity of Abkhazia and Nagorno-
    Karabagh: Provided further, That of the amounts appropriated under this
    heading not less than $20,000,000 shall be made available solely for
    the Russian Far East: Provided further, That of the funds appropriated
    under this heading, not less than $1,500,000 should be available only
    to meet the health and other assistance needs of victims of trafficking
    in persons.
        ``(b) Of the funds appropriated under this heading, not less than
    $170,000,000 should be made available for assistance for Ukraine:
    Provided, That of this amount, not less than $25,000,000 should be made
    available for nuclear reactor safety initiatives, and not less than
    $5,000,000 should be made available for the Ukranian Land and Resource
    Management Center.
        ``(c) Of the funds appropriated under this heading, not less than
    $92,000,000 shall be made available for assistance for Georgia of which
    not less than $25,000,000 should be made available to support Border
    Security Guard and export control initiatives.
        ``(d) Of the funds appropriated under this heading, not less than
    $90,000,000 shall be made available for assistance for Armenia.
        ``(e) Section 907 of the FREEDOM Support Act shall not apply to--
    ---------------------------------------------------------------------------

              ``(1) activities to support democracy or assistance under
            title V of the FREEDOM Support Act and section 1424 of Public
            Law 104-201;
              ``(2) any assistance provided by the Trade and Development
            Agency under section 661 of the Foreign Assistance Act of 1961
            (22 U.S.C. 2421);
              ``(3) any activity carried out by a member of the United
            States and Foreign Commercial Service while acting within his
            or her official capacity;
              ``(4) any insurance, reinsurance, guarantee, or other
            assistance provided by the Overseas Private Investment
            Corporation under title IV of chapter 2 of part I of the
            Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
              ``(5) any financing provided under the Export-Import Bank Act
            of 1945; or
              ``(6) humanitarian assistance.
    ---------------------------------------------------------------------------
        ``(f) Not more than 25 percent of the funds appropriated under this
    heading may be made available for assistance for any country in the
    region. Activities authorized under title V (nonproliferation and
    disarmament programs and activities) of the FREEDOM Support Act shall
    not be counted against the 25 percent limitation.
        ``(g) Of the funds made available under this heading for nuclear
    safety activities, not to exceed 8 percent of the funds provided for
    any single project may be used to pay for management costs incurred by
    a United States agency or national lab in administering said project.
        ``(h)(1) Of the funds appropriated under this heading that are
    allocated for assistance for the Government of the Russian Federation,
    60 percent shall be withheld from obligation until the President
    determines and certifies in writing to the Committees on Appropriations
    that the Government of the Russian Federation:
    ---------------------------------------------------------------------------

              ``(A) has terminated implementation of arrangements to
            provide Iran with technical expertise, training, technology, or
            equipment necessary to develop a nuclear reactor, related
            nuclear research facilities or programs, or ballistic missile
            capability;
              ``(B) is cooperating with international efforts to
            investigate allegations of war crimes and atrocities in
            Chechnya;
              ``(C) is providing full access to international non-
            government organizations providing humanitarian relief to
            refugees and internally displaced persons in Chechnya; and
              ``(D) is in compliance with article V of the Treaty on
            Conventional Armed Forces in Europe regarding forces deployed
            in the flank zone in and around Chechyna.
    ---------------------------------------------------------------------------
        ``(2) Paragraph (1) shall not apply to--
    ---------------------------------------------------------------------------

              ``(A) assistance to combat infectious diseases; and
              ``(B) activities authorized under title V (Nonproliferation
            and Disarmament Programs and Activities) of the FREEDOM Support
            Act.
    ---------------------------------------------------------------------------
        ``(i) Of the funds appropriated under this heading for assistance
    for Russia, and the heading ``Migration and Refugee Assistance'', not
    less than $10,000,000 shall be made available to non-government
    organizations providing humanitarian relief in Chechyna and Ingushetia.
        ``(j) Of the funds appropriated under this heading, not less than
    $45,000,000 shall be made available, in addition to funds otherwise
    available for such purposes, for assistance for child survival,
    environmental health, and to combat infectious diseases, and for
    related activities.
    ---------------------------------------------------------------------------
              * * * * * * *

       ``NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
    ---------------------------------------------------------------------------
        ``For necessary expenses for nonproliferation, anti-terrorism and
    related programs and activities, $311,600,000, to carry out the
    provisions of chapter 8 of part II of the Foreign Assistance Act of
    1961 for anti-terrorism assistance, section 504 of the FREEDOM Support
    Act, section 23 of the Arms Export Control Act or the Foreign
    Assistance Act of 1961 for demining activities, the clearance of
    unexploded ordnance, the destruction of small arms, and related
    activities, notwithstanding any other provision of law, including
    activities implemented through nongovernmental and international
    organizations, section 301 of the Foreign Assistance Act of 1961 for a
    voluntary contribution to the International Atomic Energy Agency (IAEA)
    and a voluntary contribution to the Korean Peninsula Energy Development
    Organization (KEDO), and for a United States contribution to the
    Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided,
    That the Secretary of State shall inform the Committees on
    Appropriations at least 20 days prior to the obligation of funds for
    the Comprehensive Nuclear Test Ban Treaty Preparatory Commission:
    Provided further, That of this amount not to exceed $15,000,000, to
    remain available until expended, may be made available for the
    Nonproliferation and Disarmament Fund, notwithstanding any other
    provision of law, to promote bilateral and multilateral activities
    relating to nonproliferation and disarmament: Provided further, That
    such funds may also be used for such countries other than the
    Independent States of the former Soviet Union and international
    organizations when it is in the national security interest of the
    United States to do so: Provided further, That such funds shall be
    subject to the regular notification procedures of the Committees on
    Appropriations: Provided further, That funds appropriated under this
    heading may be made available for the International Atomic Energy
    Agency only if the Secretary of State determines (and so reports to the
    Congress) that Israel is not being denied its right to participate in
    the activities of that Agency: Provided further, That of the funds
    appropriated under this heading, $40,000,000 should be made available
    for demining, clearance of unexploded ordnance, and related activities:
    Provided further, That of the funds made available for demining and
    related activities, not to exceed $500,000, in addition to funds
    otherwise available for such purposes, may be used for administrative
    expenses related to the operation and management of the demining
    program.
    ---------------------------------------------------------------------------
              * * * * * * *

                         ``TITLE V--GENERAL PROVISIONS
              * * * * * * *

                ``INDEPENDENT STATES OF THE FORMER SOVIET UNION
    ---------------------------------------------------------------------------
        ``Sec. 517. (a) None of the funds appropriated under the heading
    ``Assistance for the Independent States of the Former Soviet Union''
    shall be made available for assistance for a government of an
    Independent State of the former Soviet Union--
    ---------------------------------------------------------------------------

              ``(1) unless that government is making progress in
            implementing comprehensive economic reforms based on market
            principles, private ownership, respect for commercial
            contracts, and equitable treatment of foreign private
            investment; and
              ``(2) if that government applies or transfers United States
            assistance to any entity for the purpose of expropriating or
            seizing ownership or control of assets, investments, or
            ventures.
            Assistance may be furnished without regard to this subsection
            if the President determines that to do so is in the national
            interest.
    ---------------------------------------------------------------------------
        ``(b) None of the funds appropriated under the heading `Assistance
    for the Independent States of the Former Soviet Union' shall be made
    available for assistance for a government of an Independent State of
    the former Soviet Union if that government directs any action in
    violation of the territorial integrity or national sovereignty of any
    other Independent State of the former Soviet Union, 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.
        ``(c) None of the funds appropriated under the heading `Assistance
    for the Independent States of the Former Soviet Union' shall be made
    available for any state to enhance its military capability: Provided,
    That this restriction does not apply to demilitarization, demining or
    nonproliferation programs.
        ``(d) Funds appropriated under the heading `Assistance for the
    Independent States of the Former Soviet Union' for the Russian
    Federation, Armenia, Georgia, and Ukraine shall be subject to the
    regular notification procedures of the Committees on Appropriations.
        ``(e) Funds made available in this Act for assistance for the
    Independent States of the former Soviet Union shall be subject to the
    provisions of section 117 (relating to environment and natural
    resources) of the Foreign Assistance Act of 1961.
        ``(f) Funds appropriated in this or prior appropriations Acts that
    are or have been made available for an Enterprise Fund in the
    Independent States of the Former Soviet Union may be deposited by such
    Fund in interest-bearing accounts prior to the disbursement of such
    funds by the Fund for program purposes. The Fund may retain for such
    program 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.
        ``(g) In issuing new task orders, entering into contracts, or
    making grants, with funds appropriated in this Act or prior
    appropriations Acts under the heading ``Assistance for the Independent
    States of the Former Soviet Union'' and under comparable headings in
    prior appropriations Acts, for projects or activities that have as one
    of their primary purposes the fostering of private sector development,
    the Coordinator for United States Assistance to the New Independent
    States and the implementing agency shall encourage the participation of
    and give significant weight to contractors and grantees who propose
    investing a significant amount of their own resources (including
    volunteer services and in-kind contributions) in such projects and
    activities.
    ---------------------------------------------------------------------------
              * * * * * * *

       ``DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN
                                   FEDERATION
    ---------------------------------------------------------------------------
        ``Sec. 565. None of the funds appropriated under this Act may be
    made available for the Government of the Russian Federation, after 180
    days from the date of the enactment of this Act, unless the President
    determines and certifies in writing to the Committees on Appropriations
    and the Committee on Foreign Relations of the Senate that the
    Government of the Russian Federation has implemented no statute,
    executive order, regulation or similar government action that would
    discriminate, or would have as its principal effect discrimination,
    against religious groups or religious communities in the Russian
    Federation in violation of accepted international agreements on human
    rights and religious freedoms to which the Russian Federation is a
    party.''.
        See also the FREEDOM Support Act (Public Law 102-511; 106 Stat.
    3320), in Legislation on Foreign Relations Through 2000, vol. I-B.
    ---------------------------------------------------------------------------
        (b) Operating expenses.--
              (1) Authority to transfer program funds.--Subject to
            paragraph (2), funds made available under subsection
            (a) may be transferred to, and merged with, funds
            appropriated for ``Operating Expenses of the Agency for
            International Development''. Funds so transferred may
            be expended for administrative costs in carrying out
            this chapter, including reimbursement of the Department
            of State for its incremental costs associated with
            assistance provided under this chapter.
              (2) \599\ Limitation on amount transferred.--Not more
            than 2 percent of the funds made available for a fiscal
            year under subsection (a) may be transferred pursuant
            to paragraph (1) unless, at least 15 days before
            transferring any additional amount, the President
            notifies the appropriate congressional committees in
            accordance with the procedures applicable to
            reprogramming notifications under section 634A of this
            Act.
    ---------------------------------------------------------------------------
        \599\ Section 3(b) of Executive Order 12884 of December 1, 1993 (58
    F.R. 64099; December 3, 1993), as amended, delegated to the Secretary
    of State those functions conferred upon the President in section
    498C(b)(2). This delegation of authority is subject to the authority of
    the Coordinator (as established in sec. 102 of the FREEDOM Support Act;
    22 U.S.C. 5812) under sec. 102 of that Act. Sec. 3 of that Executive
    Order ceased to be effective with enactment of the Foreign Affairs
    Reform and Restructuring Act of 1998, pursuant to sec. 1422(a)(4)
    (division G of Public Law 105-277; 112 Stat. 2681).
    ---------------------------------------------------------------------------

    Chapter 12--Support for the Economic and Political Independence of the
             Countries of the South Caucasus and Central Asia \600\

    SEC. 499.\601\ UNITED STATES ASSISTANCE TO PROMOTE RECONCILIATION AND
                        RECOVERY FROM REGIONAL CONFLICTS.

        (a) Purpose of Assistance.--The purposes of assistance
    under this section include--
    ---------------------------------------------------------------------------
        \600\ Sec. 596(b) of the Silk Road Strategy Act of 1999 (sec. 596
    of the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2000; H.R. 3422, enacted by reference in sec.
    1000(a)(2) of Public Law 106-113; 113 Stat. 1535) added chapter 12 to
    part I of this Act.
        \601\ 22 U.S.C. 2296.
    ---------------------------------------------------------------------------
              (1) the creation of the basis for reconciliation
            between belligerents;
              (2) the promotion of economic development in areas of
            the countries of the South Caucasus and Central Asia
            impacted by civil conflict and war; and
              (3) the encouragement of broad regional cooperation
            among countries of the South Caucasus and Central Asia
            that have been destabilized by internal conflicts.
        (b) Authorization for Assistance.--
              (1) In general.--To carry out the purposes of
            subsection (a), the President is authorized to provide
            humanitarian assistance and economic reconstruction
            assistance for the countries of the South Caucasus and
            Central Asia to support the activities described in
            subsection (c).
              (2) Definition of humanitarian assistance.--In this
            subsection, the term ``humanitarian assistance'' means
            assistance to meet humanitarian needs, including needs
            for food, medicine, medical supplies and equipment,
            education, and clothing.
        (c) Activities Supported.--Activities that may be supported
    by assistance under subsection (b) include--
              (1) providing for the humanitarian needs of victims
            of the conflicts;
              (2) facilitating the return of refugees and
            internally displaced persons to their homes; and
              (3) assisting in the reconstruction of residential
            and economic infrastructure destroyed by war.

    SEC. 499A.\602\ ECONOMIC ASSISTANCE.

        (a) Purpose of Assistance.--The purpose of assistance under
    this section is to foster economic growth and development,
    including the conditions necessary for regional economic
    cooperation, in the South Caucasus and Central Asia.
    ---------------------------------------------------------------------------
        \602\ 22 U.S.C. 2296a.
    ---------------------------------------------------------------------------
        (b) Authorization for Assistance.--To carry out the purpose
    of subsection (a), the President is authorized to provide
    assistance for the countries of the South Caucasus and Central
    Asia to support the activities described in subsection (c).
        (c) Activities Supported.--In addition to the activities
    described in section 498, activities supported by assistance
    under subsection (b) should support the development of the
    structures and means necessary for the growth of private sector
    economies based upon market principles.

    SEC. 499B.\603\ DEVELOPMENT OF INFRASTRUCTURE.

        (a) Purpose of Programs.--The purposes of programs under
    this section include--
    ---------------------------------------------------------------------------
        \603\ 22 U.S.C. 2296b.
    ---------------------------------------------------------------------------
              (1) to develop the physical infrastructure necessary
            for regional cooperation among the countries of the
            South Caucasus and Central Asia; and
              (2) to encourage closer economic relations and to
            facilitate the removal of impediments to cross-border
            commerce among those countries and the United States
            and other developed nations.
        (b) Authorization for Programs.--To carry out the purposes
    of subsection (a), the following types of programs for the
    countries of the South Caucasus and Central Asia may be used to
    support the activities described in subsection (c):
              (1) Activities by the Export-Import Bank to complete
            the review process for eligibility for financing under
            the Export-Import Bank Act of 1945.
              (2) The provision of insurance, reinsurance,
            financing, or other assistance by the Overseas Private
            Investment Corporation.
              (3) Assistance under section 661 of this Act
            (relating to the Trade and Development Agency).
        (c) Activities Supported.--Activities that may be supported
    by programs under subsection (b) include promoting actively the
    participation of United States companies and investors in the
    planning, financing, and construction of infrastructure for
    communications, transportation, including air transportation,
    and energy and trade including highways, railroads, port
    facilities, shipping, banking, insurance, telecommunications
    networks, and gas and oil pipelines.

    SEC. 499C.\604\ BORDER CONTROL ASSISTANCE.

        (a) Purpose of Assistance.--The purpose of assistance under
    this section includes the assistance of the countries of the
    South Caucasus and Central Asia to secure their borders and
    implement effective controls necessary to prevent the
    trafficking of illegal narcotics and the proliferation of
    technology and materials related to weapons of mass destruction
    (as defined in section 2332a(c)(2) of title 18, United States
    Code), and to contain and inhibit transnational organized
    criminal activities.
    ---------------------------------------------------------------------------
        \604\ 22 U.S.C. 2296c.
    ---------------------------------------------------------------------------
        (b) \605\ Authorization for Assistance.--To carry out the
    purpose of subsection (a), the President is authorized to
    provide assistance to the countries of the South Caucasus and
    Central Asia to support the activities described in subsection
    (c).
    ---------------------------------------------------------------------------
        \605\ Sec. 516 of the Security Assistance Act of 2000 (Public Law
    106-280; 114 Stat. 859) provided the following:
        ``SEC. 516. BORDER SECURITY AND TERRITORIAL INDEPENDENCE.
        ``(a) GUUAM Countries and Armenia.--For the purpose of carrying out
    section 499C of the Foreign Assistance Act of 1961 and assisting GUUAM
    countries and Armenia to strengthen national control of their borders
    and to promote the independence and territorial sovereignty of such
    countries, the following amounts are authorized to be made available
    for fiscal years 2001 and 2002:
    ---------------------------------------------------------------------------

              ``(1) $5,000,000 for fiscal year 2001 and $20,000,000 for
            fiscal year 2002 are of the amounts made available under
            section 23 of the Arms Export Control Act (22 U.S.C. 2763).
              ``(2) $2,000,000 for fiscal year 2001 and $10,000,000 for
            fiscal year 2002 of the amounts made available under chapter 9
            of part II of the Foreign Assistance Act of 1961, as added by
            section 301.
              ``(3) $500,000 for fiscal year 2001 and $5,000,000 for fiscal
            year 2002 of the amounts made available to carry out chapter 5
            of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
            2347 et seq.).
              ``(4) $1,000,000 for fiscal year 2001 and $2,000,000 for
            fiscal year 2002 of the amounts made available to carry out
            chapter 8 of part II of the Foreign Assistance Act.
    ---------------------------------------------------------------------------
        ``(b) GUUAM Countries Defined.--In this section, the term `GUUAM
    countries' means the group of countries that signed a protocol on
    quadrilateral cooperation on November 25, 1997, together with
    Uzbekistan.''.
    ---------------------------------------------------------------------------
        (c) Activities Supported.--Activities that may be supported
    by assistance under subsection (b) include assisting those
    countries of the South Caucasus and Central Asia in developing
    capabilities to maintain national border guards, coast guard,
    and customs controls.

    SEC. 499D.\606\ STRENGTHENING DEMOCRACY, TOLERANCE, AND THE DEVELOPMENT
                        OF CIVIL SOCIETY.

        (a) Purpose of Assistance.--The purpose of assistance under
    this section is to promote institutions of democratic
    government and to create the conditions for the growth of
    pluralistic societies, including religious tolerance and
    respect for internationally recognized human rights.
    ---------------------------------------------------------------------------
        \606\ 22 U.S.C. 2296d.
    ---------------------------------------------------------------------------
        (b) Authorization for Assistance.--To carry out the purpose
    of subsection (a), the President is authorized to provide the
    following types of assistance to the countries of the South
    Caucasus and Central Asia:
              (1) Assistance for democracy building, including
            programs to strengthen parliamentary institutions and
            practices.
              (2) Assistance for the development of nongovernmental
            organizations.
              (3) Assistance for development of independent media.
              (4) Assistance for the development of the rule of
            law, a strong independent judiciary, and transparency
            in political practice and commercial transactions.
              (5) International exchanges and advanced professional
            training programs in skill areas central to the
            development of civil society.
              (6) Assistance to promote increased adherence to
            civil and political rights under section 116(e) of this
            Act.
        (c) Activities Supported.--Activities that may be supported
    by assistance under subsection (b) include activities that are
    designed to advance progress toward the development of
    democracy.

    SEC. 499E.\607\ ADMINISTRATIVE AUTHORITIES.

        (a) Assistance Through Governments and Nongovernmental
    Organizations.--Assistance under this chapter may be provided
    to governments or through nongovernmental organizations.
    ---------------------------------------------------------------------------
        \607\ 22 U.S.C. 2296e.
    ---------------------------------------------------------------------------
        (b) Use of Economic Support Funds.--Except as otherwise
    provided, any funds that have been allocated under chapter 4 of
    part II for assistance for the independent states of the former
    Soviet Union may be used in accordance with the provisions of
    this chapter.
        (c) Terms and Conditions.--Assistance under this chapter
    shall be provided on such terms and conditions as the President
    may determine.
        (d) Available Authorities.--The authority in this chapter
    to provide assistance for the countries of the South Caucasus
    and Central Asia is in addition to the authority to provide
    such assistance under the FREEDOM Support Act (22 U.S.C. 5801
    et seq.) or any other Act, and the authorities applicable to
    the provision of assistance under chapter 11 may be used to
    provide assistance under this chapter.

    SEC. 499F.\608\ DEFINITIONS.

        In this chapter:
    ---------------------------------------------------------------------------
        \608\ 22 U.S.C. 2296f.
    ---------------------------------------------------------------------------
              (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means the
            Committee on Foreign Relations of the Senate and the
            Committee on International Relations of the House of
            Representatives.
              (2) Countries of the south caucasus and central
            asia.--The term ``countries of the South Caucasus and
            Central Asia'' means Armenia, Azerbaijan, Georgia,
            Kazakstan, Kyrgyzstan, Tajikistan, Turkmenistan, and
            Uzbekistan.

                                 PART II \609\

                            Chapter 1--Policy \610\

        Sec. 501.\611\ Statement of Policy.--The Congress of the
    United States reaffirms the policy of the United States to
    achieve international peace and security through the United
    Nations so that armed force shall not be used except for
    individual or collective self-defense. The Congress hereby
    finds that the efforts of the United States and other friendly
    countries to promote peace and security continue to require
    measures of support based upon the principle of effective self-
    help and mutual aid. It is the purpose of this part to
    authorize measures in the common defense against internal and
    external aggression, including the furnishing of military
    assistance, upon request, to friendly countries and
    international organizations. In furnishing such military
    assistance, it remains the policy of the United States to
    continue to exert maximum efforts to achieve universal control
    of weapons of mass destruction and universal regulation and
    reduction of armaments, including armed forces, under adequate
    safeguards to protect complying countries against violation and
    invasion.
    ---------------------------------------------------------------------------
        \609\ Sec. 594(a) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1993 (Public Law 102-391; 106
    Stat. 1692), inserted a chapter 12 at the end of Part I, preceding this
    note, to provide for the Enterprise for the Americas Initiative. Sec.
    602(b) of the Jobs Through Exports Act of 1992 (Public Law 102-549; 106
    Stat. 3669), struck out this amendment, however, and inserted ``Part
    IV--Enterprise for the Americas Initiative'' beginning at sec. 701 of
    this Act.
        \610\ Sec. 201(a) of the FA Act of 1963 struck out the words
    ``Short Title and'' in the chapter heading which formerly read ``Short
    Title and Policy''.
        \611\ 22 U.S.C. 2301. Former sec. 502 was designated sec. 501 by
    sec. 201(a)(1) of the FA Act of 1967. Former sec. 501, which related to
    the short title, was repealed by sec. 201(b) of the FA Act of 1963.
    ---------------------------------------------------------------------------
        The Congress recognizes that the peace of the world and the
    security of the United States are endangered so long as hostile
    countries \612\ continue by threat of military action, by the
    use of economic pressure, and by internal subversion, or other
    means to attempt to bring under their domination peoples now
    free and independent and continue to deny the rights of freedom
    and self-government to peoples and countries once free but now
    subject to such domination.
    ---------------------------------------------------------------------------
        \612\ Sec. 705(1)(A) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2317) struck out ``international communism and the countries it
    controls'' and inserted in lieu thereof ``hostile countries''.
    ---------------------------------------------------------------------------
        It is the sense of the Congress that an important
    contribution toward peace would be made by the establishment
    under the Organization of American States of an international
    military force.
        In enacting this legislation, it is therefore the intention
    of the Congress to promote the peace of the world and the
    foreign policy, security, and general welfare of the United
    States by fostering an improved climate of political
    independence and individual liberty, improving the ability of
    friendly countries and international organizations to deter or,
    if necessary, defeat \613\ aggression, facilitating
    arrangements for individual and collective security, assisting
    friendly countries to maintain internal security, and creating
    an environment of security and stability in the developing
    friendly countries essential to their more rapid social,
    economic, and political progress. The Congress urges that all
    other countries able to contribute join in a common undertaking
    to meet the goals stated in this part.
    ---------------------------------------------------------------------------
        \613\ Sec. 705(1)(B) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2317) struck out `` Communist or Communist-supported'' from this
    point.
    ---------------------------------------------------------------------------
        It is the sense of the Congress that in the administration
    of this part priority shall be given to the needs of those
    countries in danger of becoming victims of \614\ aggression or
    in which the internal security is threatened by internal
    subversion inspired or supported by hostile countries.
    ---------------------------------------------------------------------------
        \614\ Sec. 705(1)(C) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2317) struck out ``active Communist or Communist-supported
    aggression or those countries in which the internal security is
    threatened by Communist-inspired or Communist-supported internal
    subversion.'' and inserted in lieu thereof ``aggression or in which the
    internal security is threatened by internal subversion inspired or
    supported by hostile countries.''. This paragraph was added originally
    by sec. 201(a)(2) of the FA Act of 1967.
    ---------------------------------------------------------------------------
        Finally, the Congress reaffirms its full support of the
    progress of the members of the North Atlantic Treaty
    Organization toward increased cooperation in political,
    military, and economic affairs. In particular, the Congress
    welcomes the steps which have been taken to promote
    multilateral programs of coordinated procurement, research,
    development, and production of defense articles and urges that
    such programs be expanded to the fullest extent possible to
    further the defense of the North Atlantic area.
        Sec. 502.\615\ Utilization of Defense Articles and
    Services.--Defense articles and defense services \616\ to any
    country shall be furnished solely for internal security
    (including for antiterrorism and nonproliferation
    purposes),\617\ for legitimate self-defense, to permit the
    recipient country to participate in regional or collective
    arrangements or measures consistent with the Charter of the
    United Nations, or otherwise to permit the recipient country to
    participate in collective measures requested by the United
    Nations for the purpose of maintaining or restoring
    international peace and security,\618\ or for the purpose of
    assisting foreign military forces in less developed friendly
    countries (or the voluntary efforts of personnel of the Armed
    Forces of the United States in such countries) to construct
    public works and to engage in other activities helpful to the
    economic and social development of such friendly countries. It
    is the sense of the Congress that such foreign military forces
    should not be maintained or established solely for civic action
    activities and that such civic action activities not
    significantly detract from the capability of the military
    forces to perform their military missions and be coordinated
    with and form part of the total economic and social development
    effort.
    ---------------------------------------------------------------------------
        \615\ 22 U.S.C. 2302. Former subsec. (a) of sec. 505 was
    redesignated sec. 502 by sec. 201(d)(1) of the FA Act of 1967.
        \616\ The words to this point were substituted for ``Utilization of
    Assistance.--(a) Military assistance'' by sec. 201(d)(2) of the FA Act
    of 1967.
        \617\ Sec. 701 of the Security Assistance Act of 2000 (public Law
    106-280; 114 Stat. 861) inserted ``(including for antiterrorism and
    nonproliferation purposes)'' after ``internal security''.
        \618\ Sec. 201(c)(1) of the FA Act of 1965 struck out a colon and
    added the remainder of this section from this point.
    ---------------------------------------------------------------------------
        Sec. 502A.\619\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \619\ Formerly at 22 U.S.C. 2302. Sec. 104(b)(2)(A) of Public Law
    104-164 (110 Stat. 1426) repealed sec. 502A. Originally added by sec.
    12(a) of the FA Act of 1973, the section had read as follows:
        ``sec. 502a. excess defense articles.--Excess defense articles
    shall be provided whenever possible rather than providing such articles
    by the procurement of new items.''.
    ---------------------------------------------------------------------------
        Sec. 502B.\620\ Human Rights.--(a)(1) \621\ The United
    States shall, in accordance with its international obligations
    as set forth in the Charter of the United Nations and in
    keeping with the constitutional heritage and traditions of the
    United States, promote and encourage increased respect for
    human rights and fundamental freedoms throughout the world
    without distinction as to race, sex, language, or religion.
    Accordingly, a principal goal of the foreign policy of the
    United States shall be to promote the increased observance of
    internationally recognized human rights by all countries.
    ---------------------------------------------------------------------------
        \620\ 22 U.S.C. 2304. Sec. 502B, which was added by sec. 46 of the
    FA Act of 1974, was amended by sec. 301(a) of the International
    Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
    329; 90 Stat. 748), and by the Export Administration Amendments Act of
    1985 (Public Law 99-64; 99 Stat. 156.) It formerly read as follows:
        ``Sec. 502B. Human Rights.--It is the sense of Congress that except
    in extraordinary circumstances, the President shall substantially
    reduce or terminate security assistance to any government which engages
    in a consistent pattern of gross violations of internationally
    recognized human rights, including torture or cruel, inhuman or
    degrading treatment or punishment; prolonged detention without charges;
    or other flagrant denials of the right to life, liberty, and the
    security of the person.
        ``(b) Whenever proposing or furnishing security assistance to any
    government falling within the provisions of paragraph (a), the
    President shall advise the Congress of the extraordinary circumstances
    necessitating the assistance.
        ``(c) In determining whether or not a government falls within the
    provisions of subsection (a), consideration shall be given to the
    extent of cooperation by such government in permitting an unimpeded
    investigation of alleged violations of internationally recognized human
    rights by appropriate international organizations, including the
    International Committee of the Red Cross and anybody acting under the
    authority of the United Nations or of the Organization of American
    States.
        ``(d) For purposes of this section, `security assistance' means
    assistance under chapter 2 (military assistance) or chapter 4 (security
    supporting assistance) of this part, assistance under part V (Indochina
    Postwar Reconstruction) or part VI (Middle East Peace) of this Act,
    sales under the Foreign Military Sales Act, or assistance for public
    safety under this or any other Act.''.
        \621\ Par. (1) was amended and restated by sec. 6(a) of the
    International Security Assistance Act of 1978 (Public Law 95-384; 92
    Stat. 731).
    ---------------------------------------------------------------------------
        (2) \622\ Except under circumstances specified in this
    section, no security assistance may be provided to any country
    the government of which engages in a consistent pattern of
    gross violations of internationally recognized human rights.
    Security assistance may not be provided to the police, domestic
    intelligence, or similar law enforcement forces of a country,
    and licenses may not be issued under the Export Administration
    Act of 1979 \623\ for the export of crime control and detection
    instruments and equipment to a country, the government of which
    engages in a consistent pattern of gross violations of
    internationally recognized human rights unless the President
    certifies in writing to the Speaker of the House of
    Representatives and the chairman of the Committee on Foreign
    Relations of the Senate and the chairman of the Committee on
    Banking, Housing, and Urban Affairs of the Senate (when
    licenses are to be issued pursuant to the Export Administration
    Act of 1979), that extraordinary circumstances exist warranting
    provision of such assistance and issuance of such licenses.
    Assistance may not be provided under chapter 5 of this part to
    a country the government of which engages in a consistent
    pattern of gross violations of internationally recognized human
    rights unless the President certifies in writing to the Speaker
    of the House of Representatives and the chairman of the
    Committee on Foreign Relations of the Senate that extraordinary
    circumstances exist warranting provision of such
    assistance.\624\
    ---------------------------------------------------------------------------
        \622\ The words ``It is further the policy of the United States
    that,'' which previously appeared at this point, were struck by sec.
    6(b) of the International Security Assistance Act of 1978 (Public Law
    95-384; 92 Stat. 731).
        \623\ The reference to the Export Administration Act of 1979 was
    inserted in lieu of a reference to the Export Administration Act of
    1969 by sec. 704 of the International Security and Development
    Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3157).
        \624\ The final two sentences of par. (2) were added by sec. 6 of
    the International Security Assistance Act of 1978 (Public Law 95-384;
    92 Stat. 731, 732).
    ---------------------------------------------------------------------------
        (3) In furtherance of paragraphs (1) and (2),\625\ the
    President is directed to formulate and conduct international
    security assistance programs of the United States in a manner
    which will promote and advance human rights and avoid
    identification of the United States, through such programs,
    with governments which deny to their people internationally
    recognized human rights and fundamental freedoms, in violation
    of international law or in contravention of the policy of the
    United States as expressed in this section or otherwise.
    ---------------------------------------------------------------------------
        \625\ The words ``paragraphs (1) and (2),'' were inserted in lieu
    of ``the foregoing policy'' by sec. 6(e) of the International Security
    Assistance Act of 1978 (Public Law 95-384; 92 Stat. 732).
    ---------------------------------------------------------------------------
        (4) \626\ In determining whether the government of a
    country engages in a consistent pattern of gross violations of
    internationally recognized human rights, the President shall
    give particular consideration to whether the government--
    ---------------------------------------------------------------------------
        \626\ Sec. 421(b) of the International Religious Freedom Act of
    1998 (Public Law 105-292; 112 Stat. 2810) added para. (4).
    ---------------------------------------------------------------------------
              (A) has engaged in or tolerated particularly severe
            violations of religious freedom, as defined in section
            3 of the International Religious Freedom Act of 1998;
            or
              (B) has failed to undertake serious and sustained
            efforts to combat particularly severe violations of
            religious freedom when such efforts could have been
            reasonably undertaken.
        (b) The Secretary of State shall transmit to the Congress,
    as part of the presentation materials for security assistance
    programs proposed for each fiscal year, a full and complete
    report, prepared with the assistance of the Assistant Secretary
    of State for Democracy, Human Rights, and Labor \627\ and with
    the assistance of the Ambassador at Large for International
    Religious Freedom,\628\ with respect to practices regarding the
    observance of and respect for internationally recognized human
    rights in each country proposed as a recipient of security
    assistance. Wherever applicable, such report shall include
    consolidated information regarding the commission of war
    crimes, crimes against humanity, and evidence of acts that may
    constitute genocide (as defined in article 2 of the Convention
    on the Prevention and Punishment of the Crime of Genocide and
    modified by the United States instrument of ratification to
    that convention and section 2(a) of the Genocide Convention
    Implementation Act of 1987).\629\ Wherever applicable, such
    report shall include information on practices regarding
    coercion in population control, including coerced abortion and
    involuntary sterilization.\630\ Such report shall also include,
    wherever applicable, information on violations of religious
    freedom, including particularly severe violations of religious
    freedom (as defined in section 3 of the International Religious
    Freedom Act of 1998).\631\ Each report under this section shall
    describe the extent to which each country has extended
    protection to refugees, including the provision of first asylum
    and resettlement.\632\ Each report under this section shall
    list the votes of each member of the United Nations Commission
    on Human Rights on all country-specific and thematic
    resolutions voted on at the Commission's annual session during
    the period covered during the preceding year.\633\ In
    determining whether a government falls within the provisions of
    subsection (a)(3) and in the preparation of any report or
    statement required under this section, consideration shall be
    given to--
    ---------------------------------------------------------------------------
        \627\ Sec. 162(e)(2) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), changed
    this title designation by striking ``Human Rights and Humanitarian
    Affairs'' and inserting lieu thereof ``Democracy, Human Rights, and
    Labor''. Previously, sec. 109(a)(3) of the Foreign Relations
    Authorization Act, Fiscal Year 1978 (Public Law 95-105; 91 Stat. 846)
    changed the title designation from ``Coordinator for Human Rights and
    Humanitarian Affairs'' to ``Assistant Secretary of State for Human
    Rights and Humanitarian Affairs''.
        \628\ Sec. 102(d)(2)(A) of the International Religious Freedom Act
    of 1998 (Public Law 105-292; 112 Stat. 2795) inserted ``and with the
    assistance of the Ambassador at Large for International Religious
    Freedom'' after ``Labor''.
        \629\ The sentence beginning ``Wherever applicable'' referring to
    war crimes and crimes of genocide was added by sec. 806(b) of the
    Admiral James W. Nance and Meg Donovan Foreign Relations Authorization
    Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by reference in
    sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536).
        \630\ The sentence beginning ``Wherever applicable'' referring to
    coercive population control was added by sec. 127 of the Foreign
    Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law
    100-204; 101 Stat. 1331).
        \631\ Sec. 102(d)(2)(B) of the International Religious Freedom Act
    of 1998 (Public Law 105-292; 112 Stat. 2795) added the sentence that
    begins ``Such report shall also include''.
        \632\ Sec. 252 of the Admiral James W. Nance and Meg Donovan
    Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
    3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
    113 Stat. 1536), added the sentence relating to the protection of
    refugees.
        \633\ Sec. 201(b) of Public Law 104-319 (110 Stat. 3864) added the
    sentence beginning ``Each report * * *''.
    ---------------------------------------------------------------------------
              (1) the relevant findings of appropriate
            international organizations, including nongovernmental
            organizations, such as the International Committee of
            the Red Cross; and
              (2) the extent of cooperation by such government in
            permitting an unimpeded investigation by any such
            organization of alleged violations of internationally
            recognized human rights.
        (c)(1) Upon the request of the Senate or the House of
    Representatives by resolution of either such House, or upon the
    request of the Committee on Foreign Relations of the Senate or
    the Committee on Foreign Affairs \634\ of the House of
    Representatives, the Secretary of State shall, within thirty
    days after receipt of such request, transmit to both such
    committees a statement, prepared with the assistance of the
    Assistant Secretary of State for Democracy, Human Rights, and
    Labor,\627\ with respect to the country designated in such
    request, setting forth--
    ---------------------------------------------------------------------------
        \634\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives. Previously,
    sec. 9(a)(6) of the U.S.C. Technical Amendments (Public Law 103-437;
    108 Stat. 4588) struck out ``International Relations'' and inserted in
    lieu thereof ``Foreign Affairs''.
    ---------------------------------------------------------------------------
              (A) all the available information about observance of
            and respect for human rights and fundamental freedom in
            that country, and a detailed description of practices
            by the recipient government with respect thereto;
              (B) the steps the United States has taken to--
                      (i) promote respect for and observance of
                    human rights in that country and discourage any
                    practices which are inimical to internationally
                    recognized human rights, and
                      (ii) publicly or privately call attention to,
                    and disassociate the United States and any
                    security assistance provided for such country
                    from, such practices;
              (C) whether, in the opinion of the Secretary of
            State, notwithstanding any such practices--
                      (i) extraordinary circumstances exist which
                    necessitate a continuation of security
                    assistance for such country, and, if so, a
                    description of such circumstances and the
                    extent to which such assistance should be
                    continued (subject to such conditions as
                    Congress may impose under this section), and
                      (ii) on all the facts it is in the national
                    interest of the United States to provide such
                    assistance; and
              (D) such other information as such committee or such
            House may request.
        (2)(A) A resolution of request under paragraph (1) of this
    subsection shall be considered in the Senate in accordance with
    the provisions of section 601(b) of the International Security
    Assistance and Arms Export Control Act of 1976.
        (B) The term ``certification'', as used in section 601 of
    such Act, means, for the purposes of this subsection, a
    resolution of request of the Senate under paragraph (1) of this
    subsection.
        (3) In the event a statement with respect to a country is
    requested pursuant to paragraph (1) of this subsection but is
    not transmitted in accordance therewith within thirty days
    after receipt of such request, no security assistance shall be
    delivered to such country except as may thereafter be
    specifically authorized by law from such country unless and
    until such statement is transmitted.
        (4)(A) In the event a statement with respect to a country
    is transmitted under paragraph (1) of this subsection, the
    Congress may at any time thereafter adopt a joint resolution
    terminating, restricting, or continuing security assistance for
    such country. In the event such a joint resolution is adopted,
    such assistance shall be so terminated, so restricted, or so
    continued, as the case may be.
        (B) Any such resolution shall be considered in the Senate
    in accordance with the provisions of section 601(b) of the
    International Security Assistance and Arms Export Control Act
    of 1976.
        (C) The term ``certification'', as used in section 601 of
    such Act, means, for the purposes of this paragraph, a
    statement transmitted under paragraph (1) of this subsection.
        (d) For the purposes of this section--
              (1) the term ``gross violations of internationally
            recognized human rights'' includes torture or cruel,
            inhuman, or degrading treatment or punishment,
            prolonged detention without charges and trial, causing
            the disappearance of persons by the abduction and
            clandestine detention of those persons,\635\ and other
            flagrant denial of the right to life, liberty, or the
            security of person; and
    ---------------------------------------------------------------------------
        \635\ The words ``causing the disappearance of persons by the
    abduction and clandestine detention of those persons,'' were added by
    sec. 701(b) of the International Security and Development Cooperation
    Act of 1980 (Public Law 96-533; 94 Stat. 3156).
    ---------------------------------------------------------------------------
              (2) the term ``security assistance'' means--
                      (A) assistance under chapter 2 (military
                    assistance) or chapter 4 (economic support
                    fund) \636\ or chapter 5 (military education
                    and training) or chapter 6 (peacekeeping
                    operations) or chapter 8 (antiterrorism
                    assistance) of this part; \637\
    ---------------------------------------------------------------------------
        \636\ The words ``economic support fund'' were inserted in lieu of
    ``security supporting assistance'' by sec. 10(b)(1) of the
    International Security Assistance Act of 1978 (Public Law 95-384; 92
    Stat. 735).
        \637\ Sec. 12(b) of the International Security Assistance Act of
    1978 (Public Law 95-384; 92 Stat. 737) added the words ``or chapter 6
    (peacekeeping operations)'' and struck the words ``or part VI
    (assistance to the Middle East) of this Act'' which had previously been
    the final phrase of this paragraph.
        The International Security and Development Assistance
    Authorizations Act of 1983 (sec. 101(b)(2) of the Further Continuing
    Appropriations Act, 1984; Public Law 98-151) added the words ``or
    chapter 8 (antiterrorism assistance)''. Pursuant to Public Law 98-151,
    this amendment was enacted as stated in title II of H.R. 2992, as
    reported by the House Committee on Foreign Affairs on May 17, 1983.
    ---------------------------------------------------------------------------
                      (B) sales of defense articles or services,
                    extensions of credits (including participations
                    in credits),\638\ and guaranties of loans under
                    the Arms Export Control Act; or
    ---------------------------------------------------------------------------
        \638\ While the printed slip law did not include a close
    parentheses in subpar. (B), it is interpreted that such a mark was
    intended to be inserted at this point.
    ---------------------------------------------------------------------------
                      (C) any license in effect with respect to the
                    export of defense articles or defense services
                    to or for the armed forces, police,
                    intelligence, or other internal security forces
                    of a foreign country under section 38 of the
                    Arms Export Control Act.
        (e) \639\ Notwithstanding any other provision of law, funds
    authorized to be appropriated under part I of this Act may be
    made available for the furnishing of assistance to any country
    with respect to which the President finds that such a
    significant improvement in its human rights record has occurred
    as to warrant lifting the prohibition on furnishing such
    assistance in the national interest of the United States.
    ---------------------------------------------------------------------------
        \639\ Subsec. (e) was added by sec. 511 of the International
    Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 380).
    ---------------------------------------------------------------------------
        (f) \640\ In allocating the funds authorized to be
    appropriated by this Act and the Arms Export Control Act, the
    President shall take into account significant improvements in
    the human rights records of recipient countries, except that
    such allocations may not contravene any other provision of law.
    ---------------------------------------------------------------------------
        \640\ Subsec. (f) was added by sec. 4 of the International Security
    Assistance Act of 1979 (Public Law 96-92; 93 Stat. 702).
    ---------------------------------------------------------------------------
        (g) \641\ Whenever the provisions of subsection (e) or (f)
    of this section are applied, the President shall report to the
    Congress before making any funds available pursuant to those
    subsections. The report shall specify the country involved, the
    amount and kinds of assistance to be provided, and the
    justification for providing the assistance, including a
    description of the significant improvements which have occurred
    in the country's human rights record.
    ---------------------------------------------------------------------------
        \641\ Subsec. (g) was added by sec. 1201 of the International
    Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
    Stat. 276).
    ---------------------------------------------------------------------------
        (h) \642\ (1) The report required by subsection (b) shall
    include the following:
    ---------------------------------------------------------------------------
        \642\ Sec. 104(b) of the Trafficking Victims Protection Act of 2000
    (division A of Public Law 106-386; 114 Stat. 1472) added subsec. (h).
    ---------------------------------------------------------------------------
              (A) A description of the nature and extent of severe
            forms of trafficking in persons, as defined in section
            103 of the Trafficking Victims Protection Act of 2000,
            in each foreign country.
              (B) With respect to each country that is a country of
            origin, transit, or destination for victims of severe
            forms of trafficking in persons, an assessment of the
            efforts by the government of that country to combat
            such trafficking. The assessment shall address the
            following:
                      (i) Whether government authorities in that
                    country participate in, facilitate, or condone
                    such trafficking.
                      (ii) Which government authorities in that
                    country are involved in activities to combat
                    such trafficking.
                      (iii) What steps the government of that
                    country has taken to prohibit government
                    officials from participating in, facilitating,
                    or condoning such trafficking, including the
                    investigation, prosecution, and conviction of
                    such officials.
                      (iv) What steps the government of that
                    country has taken to prohibit other individuals
                    from participating in such trafficking,
                    including the investigation, prosecution, and
                    conviction of individuals involved in severe
                    forms of trafficking in persons, the criminal
                    and civil penalties for such trafficking, and
                    the efficacy of those penalties in eliminating
                    or reducing such trafficking.
                      (v) What steps the government of that country
                    has taken to assist victims of such
                    trafficking, including efforts to prevent
                    victims from being further victimized by
                    traffickers, government officials, or others,
                    grants of relief from deportation, and
                    provision of humanitarian relief, including
                    provision of mental and physical health care
                    and shelter.
                      (vi) Whether the government of that country
                    is cooperating with governments of other
                    countries to extradite traffickers when
                    requested, or, to the extent that such
                    cooperation would be inconsistent with the laws
                    of such country or with extradition treaties to
                    which such country is a party, whether the
                    government of that country is taking all
                    appropriate measures to modify or replace such
                    laws and treaties so as to permit such
                    cooperation.
                      (vii) Whether the government of that country
                    is assisting in international investigations of
                    transnational trafficking networks and in other
                    cooperative efforts to combat severe forms of
                    trafficking in persons.
                      (viii) Whether the government of that country
                    refrains from prosecuting victims of severe
                    forms of trafficking in persons due to such
                    victims having been trafficked, and refrains
                    from other discriminatory treatment of such
                    victims.
                      (ix) Whether the government of that country
                    recognizes the rights of victims of severe
                    forms of trafficking in persons and ensures
                    their access to justice.
              (C) Such other information relating to trafficking in
            persons as the Secretary of State considers
            appropriate.
        (2) In compiling data and making assessments for the
    purposes of paragraph (1), United States diplomatic mission
    personnel shall consult with human rights organizations and
    other appropriate nongovernmental organizations.

                         Chapter 2--Military Assistance

        Sec. 503.\643\ General Authority.--(a) The President is
    authorized to furnish military assistance, on such terms and
    conditions as he may determine,\644\ to any friendly country or
    international organization, the assisting of which the
    President finds will strengthen the security of the United
    States and promote world peace and which is otherwise eligible
    to receive such assistance, by--
    ---------------------------------------------------------------------------
        \643\ 22 U.S.C. 2311. Sec. 12(b)(1) of the FA Act of 1973 amended
    sec. 503, which formerly read as follows:
        ``Sec. 503. General Authority.--The President is authorized to
    furnish military assistance on such terms and conditions as he may
    determine, to any friendly country or international organization, the
    assisting of which the President finds will strengthen the security of
    the United States and promote world peace and which is otherwise
    eligible to receive such assistance by--
        ``(a) acquiring from any source and providing (by loan or grant)
    any defense article or defense service;
        ``(b) making financial contributions to multilateral programs for
    the acquisition or construction of facilities for collective defense;
        ``(c) providing financial assistance for expenses incident to
    participation by the United States Government in regional or collective
    defense organizations;
        ``(d) assigning or detailing members of the Armed Forces of the
    United States and other personnel of the Department of Defense to
    perform duties of a noncombatant nature, including those related to
    training or advice.''.
        \644\ In 2000, the President determined that the furnishing of
    defense articles and services to the Economic Community of Western
    African States would ``strengthen the security of the United States and
    promote world peace'' (Presidential Determination No. 2000-13 of
    February 16, 2000; 65 F.R. 10069).
        In 1999, the President made similar determinations for Croatia
    (Presidential Determination No. 99-21 of April 8, 1999); and the
    Organization for Security and Cooperation in Europe (Presidential
    Determination No. 99-31 of June 30, 1999; 64 F.R. 37033).
        In 1997, the President determined that the furnishing of defense
    articles and services to the Governments of Georgia, Kazakstan,
    Kyrgyzstan, Moldova, Turkmenistan, Russia, Ukraine, and Uzbekistan,
    would strengthen the security of the United States and promote world
    peace (Presidential Determination No. 97-19 of March 11, 1997; 62 F.R.
    13531).
        In 1995 and 1996, the President made similar determinations for
    Angola (Presidential Determination No. 95-32 of July 28, 1995; 60 F.R.
    40255), Mongolia (Presidential Determination No. 95-38 of August 22,
    1995; 60 F.R. 50069), Bosnia and Herzegovina (Presidential
    Determination No. 96-10 of February 23, 1996; 61 F.R. 8463), Slovenia,
    and the Former Yugoslav Republic of Macedonia (Presidential
    Determination No. 96-18 of March 8, 1996; 61 F.R. 11497).
    ---------------------------------------------------------------------------
              (1) acquiring from any source and providing (by loan
            or grant) any defense article or defense service;
              (2) assigning or detailing members of the Armed
            Forces of the United States and other personnel of the
            Department of Defense to perform duties of a non-
            combatant nature; or
              (3) \645\ transferring such of the funds appropriated
            or otherwise made available under this chapter as the
            President may determine for assistance to a recipient
            country,\646\ to the account in which funds for the
            procurement of defense articles and defense services
            under section 21 and section 22 of the Arms Export
            Control Act have been deposited for such recipient, to
            be merged with such deposited funds, and to be used
            solely to meet obligations of the recipient for payment
            for sales under that Act. Sales which are wholly paid
            from funds transferred under paragraph (3) or from
            funds made available on a non-repayable basis under
            section 23 of the Arms Export Control Act \647\ shall
            be priced to exclude the costs of salaries of members
            of the Armed Forces of the United States (other than
            the Coast Guard).\647\
    ---------------------------------------------------------------------------
        \645\ Par. (3) was added by sec. 112(a) of the International
    Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
    Stat. 3138).
        Title III of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1988 (sec. 101(e) of the Continuing
    Appropriations for 1988, Public Law 100-202; 101 Stat. 1329-131),
    stipulated: ``That, after September 30, 1989, none of the funds
    appropriated under this heading shall be made available for the
    purposes of section 503(a)(3) of the Foreign Assistance Act of 1961''.
    This proviso was subsequently repealed by title III of the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1989 (Public Law 100-461; 102 Stat. 2268).
        \646\ The word ``country'' was inserted in lieu of the words
    ``specified in section 504(a)(1) of this Act, within the dollar
    limitations of that section'' by sec. 110(c) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1536).
        \647\ The last sentence of par. (3) was added by sec. 123(a) of the
    International Security and Development Cooperation Act of 1985 (Public
    Law 99-83; 99 Stat. 205). The language ``or from funds * * * Act'' and
    ``(other than the Coast Guard)'' was added by Sec. 586(a) of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268), to
    become effective on October 1, 1989.
    ---------------------------------------------------------------------------
        (b) In addition to such other terms and conditions as the
    President may determine pursuant to subsection (a), defense
    articles may be loaned thereunder only if--
              (1) there is a bona fide reason, other than the
            shortage of funds, for providing such articles on a
            loan basis rather than on a grant basis;
              (2) there is a reasonable expectation that such
            articles will be returned to the agency making the loan
            at the end of the loan period unless the loan is then
            renewed;
              (3) the loan period is of fixed duration not
            exceeding five years, during which such article may be
            recalled for any reason by the United States;
              (4) the agency making the loan is reimbursed for the
            loan based on the amount charged to the appropriation
            for military assistance under subsection (c); and
              (5) \648\ the loan agreement provides that (A) if the
            defense article is damaged while on loan, the country
            or international organization to which it was loaned
            will reimburse the United States for the cost of
            restoring or replacing the defense article, and (B) if
            the defense article is lost or destroyed while on loan,
            the country or international organization to which it
            was loaned will pay to the United States an amount
            equal to the replacement cost (less any depreciation in
            the value) of the defense article.
    ---------------------------------------------------------------------------
        \648\ Par. (5) was amended and restated by sec. 109(c) of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1536). It formerly read as follows:
        ``(5) arrangements are made with the agency making the loan to be
    reimbursed in the event such article is lost or destroyed while on
    loan, such reimbursement being made first out of any funds available to
    carry out this chapter and based on the depreciated value of the
    article at the time of loss or destruction.''.
    ---------------------------------------------------------------------------
        (c)(1) In the case of any loan of a defense article or
    defense service made under this section, there shall be a
    charge to the appropriation for military assistance for any
    fiscal year while the article or service is on loan in an
    amount based on--
              (A) the out-of-pocket expenses authorized to be
            incurred in connection with such loan during such
            fiscal year; and
              (B) the depreciation which occurs during such year
            while such article is on loan.
        (2) The provisions of this subsection shall not apply--
              (A) to any particular defense article or defense
            service which the United States Government agreed,
            prior to the date of enactment of this subsection, to
            lend; and
              (B) to any defense article or defense service, or
            portion thereof, acquired with funds appropriated for
            military assistance under this Act.
        Sec. 504.\649\ Authorization.--(a) \650\ (1) There are
    authorized to be appropriated to the President to carry out the
    purposes of this chapter $805,100,000 for the fiscal year 1986
    and $805,100,000 for the fiscal year 1987.
    ---------------------------------------------------------------------------
        \649\ 22 U.S.C. 2312.
        \650\ Subsec. (a) was amended and restated by sec. 103 of the
    International Security and Development Cooperation Act of 1985 (Public
    Law 99-83; 99 Stat. 195).
        Authorizations under sec. 504 in recent years included the
    following: fiscal year 1977--$235,000,000; fiscal year 1978--
    $228,900,000; fiscal year 1979--$133,500,000; fiscal year 1980--
    $110,200,000; fiscal year 1981--$106,100,000; fiscal year 1982--
    $238,500,000; fiscal year 1983--$238,500,000; fiscal year 1984--
    $639,700,000; fiscal year 1985--no authorization; fiscal years 1988
    through 2001--no authorization.
        Sec. 587(c) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1993 (Public Law 102-391; 106
    Stat. 1689), provided the following:
        ``(c) Of the funds made available (including earmarked funds) in
    Public Law 101-513 and prior Acts making appropriations for foreign
    operations, export financing, and related programs to carry out the
    provisions of section 23 of the Arms Export Control Act and section 503
    of the Foreign Assistance Act of 1961, $45,750,000 are rescinded.''.
    ---------------------------------------------------------------------------
        (2) Amounts appropriated under this subsection are
    authorized to remain available until expended.
        (b) In order to make sure that a dollar spent on military
    assistance to foreign countries is as necessary as a dollar
    spent for the United States military establishment, the
    President shall establish procedures for programing and
    budgeting so that programs of military assistance come into
    direct competition for financial support with other activities
    and programs of the Department of Defense.
        Sec. 505.\651\ Conditions of Eligibility.--(a) In addition
    to such other provisions as the President may require, no
    defense articles or related training or other defense service
    \652\ shall be furnished to any country on a grant basis unless
    it shall have agreed that--
    ---------------------------------------------------------------------------
        \651\ 22 U.S.C. 2314. Former sec. 506 was redesignated sec. 505 by
    sec. 201(e) of the FA Act of 1967.
        \652\ Sec. 203(b) of the International Security Assistance and Arms
    Export Control Act of 1976 (Public Law 94-329; 90 Stat. 735) added ``or
    related training or other defense service''.
    ---------------------------------------------------------------------------
              (1) it will not, without the consent of the
            President--
                      (A) permit any use of such articles or
                    related training or other defense service \652\
                    by anyone not an officer, employee, or agent of
                    that country,
                      (B) transfer, or permit any officer,
                    employee, or agent of that country to transfer
                    such articles or related training or other
                    defense service \652\ by gift, sale, or
                    otherwise, or
                      (C) use or permit the use of such articles or
                    related training or other defense service \652\
                    for purposes other than those for which
                    furnished;
              (2) it will maintain the security of such articles or
            related training or other defense service,\652\ and
            will provide substantially the same degree of security
            protection afforded to such articles or related
            training or other defense service \652\ by the United
            States Government;
              (3) it will, as the President may require, permit
            continuous observation and review by, and furnish
            necessary information to, representatives of the United
            States Government with regard to the use of such
            articles or related training or other defense service;
            \652\ and
              (4) unless the President consents to other
            disposition, it will return to the United States
            Government for such use or disposition as the President
            considers in the best interests of the United States,
            such articles or related training or other defense
            service \652\ which are no longer needed for the
            purposes for which furnished.
        (b) No defense articles shall be furnished on a grant basis
    to any country at a cost in excess of $3,000,000 in any fiscal
    year unless the President determines--
              (1) that such country conforms to the purposes and
            principles of the Charter of the United Nations;
              (2) that such defense articles will be utilized by
            such country for the maintenance of its own defensive
            strength, or \653\ the defensive strength of the free
            world;
    ---------------------------------------------------------------------------
        \653\ Sec. 201(b) of the FA Act of 1971 substituted ``or'' in lieu
    of ``and''.
    ---------------------------------------------------------------------------
              (3) that such country is taking all reasonable
            measures, consistent with its political and economic
            stability, which may be needed to develop its defense
            capacities; and
              (4) that the increased ability of such country to
            defend itself is important to the security of the
            United States.
        (c) \654\ The President shall regularly reduce and, with
    such deliberate speed as orderly procedure and other relevant
    considerations, including prior commitments, will permit, shall
    terminate all further grants of military equipment and supplies
    to any country having sufficient wealth to enable it, in the
    judgment of the President, to maintain and equip its own
    military forces at adequate strength, without undue burden to
    its economy.
    ---------------------------------------------------------------------------
        \654\ Subsecs. (c) and (d) were added by sec. 201(a) of the FA Act
    of 1962.
    ---------------------------------------------------------------------------
        (d) \654\, \655\ (1) Assistance and deliveries
    of assistance under this chapter to any country shall be
    terminated as hereinafter provided, if such country uses
    defense articles or defense services furnished under this Act,
    the Mutual Security Act of 1954,\656\ or any predecessor
    Foreign Assistance Act, in substantial violation (either in
    terms of quantities or in terms of the gravity of the
    consequences regardless of the quantities involved) of any
    agreement entered into pursuant to any such Act (A) by using
    such articles or services for a purpose not authorized under
    section 502 or, if such agreement provides that such articles
    or services may only be used for purposes more limited than
    those authorized under section 502, for a purpose not
    authorized under such agreement; (B) by transferring such
    articles or services to, or permitting any use of such articles
    or services by, anyone not an officer, employee, or agent of
    the recipient country without the consent of the President; or
    (C) by failing to maintain the security of such articles or
    services.
    ---------------------------------------------------------------------------
        \655\ Sec. 304(a) of the International Security Assistance and Arms
    Export Control Act of 1976 (Public Law 94-329; 90 Stat. 751) amended
    subsec. (d) which formerly read as follows:
        ``(d) Any country which hereafter uses defense articles or defense
    services furnished such country under this Act, the Mutual Security Act
    of 1954, as amended, or any predecessor foreign assistance Act, in
    substantial violation of the provisions of this chapter or any
    agreements entered into pursuant to any of such Acts shall be
    immediately ineligible for further assistance.''.
        \656\ For text, see Legislation on Foreign Relations Through 2000,
    vol. I-B.
    ---------------------------------------------------------------------------
        (2)(A) Assistance and deliveries of assistance shall be
    terminated pursuant to paragraph (1) of this subsection if the
    President so determines and so states in writing to the
    Congress, or if the Congress so finds by joint resolution.
        (B) The President shall report to the Congress promptly
    upon the receipt of information that a violation described in
    paragraph (1) of this subsection may have occurred.
        (3) Assistance to a country shall remain terminated in
    accordance with paragraph (1) of this subsection until such
    time as--
              (A) the President determines that the violation has
            ceased; and
              (B) the country concerned has given assurances
            satisfactory to the President that such violation will
            not recur.
        (4) The authority contained in section 614(a) of this Act
    may not be used to waive the provisions of this section with
    respect to further assistance under this chapter.
        (e) \657\ In considering a request for approval of any
    transfer of any weapon, weapons system, munitions, aircraft,
    military boat, military vessel, or other implement of war to
    another country, the President shall not give his consent under
    subsection (a)(1) or (a)(4) to the transfer unless the United
    States itself would transfer the defense article under
    consideration to that country.\658\ In addition, the President
    shall not give his consent under subsection (a)(1) or (a)(4) to
    the transfer of any significant defense articles on the United
    States Munitions List unless the foreign country requesting
    consent to transfer agrees to demilitarize such defense
    articles prior to transfer, or the proposed recipient foreign
    country provides a commitment in writing to the United States
    Government that it will not transfer such defense articles if
    not demilitarized, to any other foreign country or person
    without first obtaining the consent of the President.
    ---------------------------------------------------------------------------
        \657\ Former subsec. (e), which related to conditions of
    eligibility, was repealed by Public Law 92-226. New subsecs. (e) and
    (f) were added by sec. 12(3) of the FA Act of 1973.
        \658\ Sec. 204(b)(2) of the International Security Assistance and
    Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 735)
    amended sec. 505(e) by striking out the following words after
    ``country'': ``, and prior to the date he intends to give his consent
    to the transfer, the President notifies the Speaker of the House of
    Representatives and the Committee on Foreign Relations of the Senate in
    writing of each intended consent, the justification for giving such
    consent, the defense article for which he intends to give his consent
    to be so transferred, and the foreign country to which that defense
    article is to be transferred''.
    ---------------------------------------------------------------------------
        (f) \657\ Effective July 1, 1974, no defense article shall
    be furnished to any country on a grant basis unless such
    country shall have agreed that the net proceeds of sale
    received by such country in disposing of any weapon, weapons
    system, munition, aircraft, military boat, military vessel, or
    other implement of war received under this chapter will be paid
    to the United States Government and shall be available to pay
    all official costs of the United States Government payable in
    the currency of that country, including all costs relating to
    the financing of international educational and cultural
    exchange activities in which that country participates under
    the programs authorized by the Mutual Educational and Cultural
    Exchange Act of 1961.\659\ In the case of items which were
    delivered prior to 1985,\660\ the President may waive the
    requirement that such net proceeds be paid to the United States
    Government if he determines that to do so is in the national
    interest of the United States.\661\
    ---------------------------------------------------------------------------
        \659\ For text, see Legislation on Foreign Relations Through 2000,
    vol. II, sec. E.
        \660\ Title III of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 1998), struck out ``1975'' and inserted in lieu thereof ``1985''.
        \661\ The last sentence of par. (f) was added by sec. 123(b) of the
    International Security Cooperation and Development Act of 1985 (Public
    Law 99-83; 99 Stat. 205).
    ---------------------------------------------------------------------------
        (g) \662\ (1) It is the policy of the United States that no
    assistance under this chapter should be furnished to any
    foreign country, the laws, regulations, official policies, or
    governmental practices of which prevent any United States
    person (as defined in section 7701(a)(30) of the Internal
    Revenue Code of 1954) from participating in the furnishing of
    defense articles or defense services under this chapter on the
    basis of race, religion, national origin, or sex.
    ---------------------------------------------------------------------------
        \662\ Subsec. (g) was added by sec. 302(a) of the International
    Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
    329; 90 Stat. 751).
    ---------------------------------------------------------------------------
        (2)(A) No agency performing functions under this chapter
    shall, in employing or assigning personnel to participate in
    the performance of any such function, whether in the United
    States or abroad, take into account the exclusionary policies
    or practices of any foreign government where such policies or
    practices are based upon race, religion, national origin, or
    sex.
        (B) Each contract entered into by any such agency for the
    performance of any function under this chapter shall contain a
    provision to the effect that no person, partnership,
    corporation, or other entity performing functions pursuant to
    such contract, shall, in employing or assigning personnel to
    participate in the performance of any such function, whether in
    the United States or abroad, take into account the exclusionary
    policies or practices of any foreign government where such
    policies or practices are based upon race, religion, national
    origin, or sex.
        (3) The President shall promptly transmit reports to the
    Speaker of the House of Representatives and the chairman of the
    Committee on Foreign Relations of the Senate concerning any
    transaction in which any United States person (as defined in
    section 7701(a)(30) of the Internal Revenue Code of 1954) is
    prevented by a foreign government on the basis of race,
    religion, national origin, or sex, from participating in the
    furnishing of assistance under this chapter, or education and
    training under chapter 5, to any foreign country. Such reports
    shall include (A) a description of the facts and circumstances
    of any such discrimination, (B) the response thereto on the
    part of the United States or any agency or employee thereof,
    and (C) the result of such response, if any.
        (4)(A) Upon the request of the Committee on Foreign
    Relations of the Senate or the Committee on Foreign Affairs
    \663\ of the House of Representatives, the President shall,
    within 60 days after receipt of such request, transmit to both
    such committees a statement, prepared with the assistance of
    the Assistant Secretary of State for Democracy, Human Rights,
    and Labor,\664\ with respect to the country designated in such
    request, setting forth--
    ---------------------------------------------------------------------------
        \663\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives. Previously,
    sec. 9(a)(6) of the U.S.C. Technical Amendments (Public Law 103-437;
    108 Stat. 4588) struck out ``International Relations'' and inserted in
    lieu thereof ``Foreign Affairs''.
        \664\ Sec. 162(e)(2) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), changed
    this title designation by striking ``Human Rights and Humanitarian
    Affairs'' and inserting lieu thereof ``Democracy, Human Rights, and
    Labor''. Previously, sec. 109(a)(4) of the Foreign Relations
    Authorization Act, Fiscal Year 1978 (Public Law 95-105; 91 Stat. 846)
    changed the title designation from ``Coordinator for Human Rights and
    Humanitarian Affairs'' to ``Assistant Secretary of State for Human
    Rights and Humanitarian Affairs''.
    ---------------------------------------------------------------------------
              (i) all the available information about the
            exclusionary policies or practices of the government of
            such country when such policies or practices are based
            upon race, religion, national origin, or sex, and
            prevent any such person from participating in a
            transaction involving the furnishing of any assistance
            under this chapter or any education and training under
            chapter 5;
              (ii) the response of the United States thereto and
            the results of such response;
              (iii) whether, in the opinion of the President,
            notwithstanding any such policies or practices--
                      (I) extraordinary circumstances exist which
                    necessitate a continuation of such assistance
                    or education and training transaction, and, if
                    so, a description of such circumstances and the
                    extent to which such assistance or education
                    and training transaction should be continued
                    (subject to such conditions as Congress may
                    impose under this section), and
                      (II) on all the facts it is in the national
                    interest of the United States to continue such
                    assistance or education and training
                    transaction; and
              (iv) such other information as such committee may
            request.
        (B) In the event a statement with respect to an assistance
    or training transaction is requested pursuant to subparagraph
    (A) of this paragraph but is not transmitted in accordance
    therewith within 60 days after receipt of such request, such
    assistance or training transaction shall be suspended unless
    and until such statement is transmitted.
        (C)(i) In the event a statement with respect to an
    assistance or training transaction is transmitted under
    subparagraph (A) of this paragraph, the Congress may at any
    time thereafter adopt a joint resolution terminating or
    restricting such assistance or training transaction.
        (ii) Any such resolution shall be considered in the Senate
    in accordance with the provisions of section 601(b) of the
    International Security Assistance and Arms Export Control Act
    of 1976.
        (iii) The term ``certification'', as used in section 601 of
    such Act, means, for the purposes of this paragraph, a
    statement transmitted under subparagraph (A) of this paragraph.
        Sec. 506.\665\ Special Authority.--(a)(1) \666\ If the
    President determines and reports to the Congress in accordance
    with section 652 of this Act that--
    ---------------------------------------------------------------------------
        \665\ 22 U.S.C. 2318. Former sec. 510 was redesignated sec. 506 by
    sec. 201(j)(1) of the FA Act of 1967. Sec. 506, as amended by sec. 102
    of Public Law 94-329, was further amended and restated by sec. 5(b) of
    the International Security Assistance Act of 1979 (Public Law 96-92; 93
    Stat. 702).
        \666\ Sec. 551 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
    Stat. 1236), inserted the designation ``(1)'' here, redesignated
    ``(1)'' and ``(2)'' as ``(A)'' and ``(B)'', and inserted a new
    ``(2)(A)'' and ``(B)''.
        Pursuant to sec. 506(a)(1), on July 21, 2000, the President
    determined that
        ``(1) an unforeseen emergency exists that requires immediate
    military assistance to UNAMSIL [United Nations Mission in Sierra
    Leone], countries currently or in the future participating in UNAMSIL,
    and other countries involved in peacekeeping efforts or affiliated
    coalition operations with respect to Sierra Leone, including the
    Government of Sierra Leone, and
        ``the emergency requirement cannot be met under the authority of
    the Arms Export Control Act or any other law except section 506(a)(1)
    of the Act.
        ``I therefore direct the drawdown of defense articles from the
    stocks of the Department of Defense, defense services from the
    Department of Defense, and military education and training of an
    aggregate value not to exceed $18 million to UNAMSIL and such countries
    to support peacekeeping efforts with respect to Sierra Leone.''
    (Presidential Determination No. 2000-27; 65 F.R. 47827).
        A similar determination was issued for UNAMSIL in Presidential
    Determination No. 2001-04 of December 11, 2000 (65 F.R. 78895), to make
    not to exceed $36 million available.
        Pursuant to title III of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 2000, on September 29, 2000,
    the President directed ``the drawdown of defense articles from the
    stocks of the Department of Defense, and military education and
    training of the aggregate value of $4 million for Tunisia, consistent
    with the authority provided under title III, for purposes of part II of
    the Foreign Assistance Act of 1961.'' (Presidential Determination No.
    2000-13, September 29, 2000, 65 F.R. 59699).
    ---------------------------------------------------------------------------
              (A) \666\ an unforeseen emergency exists which
            requires immediate military assistance to a foreign
            country or international organization; and
              (B) \666\ the emergency requirement cannot be met
            under the authority of the Arms Export Control Act or
            any other law except this section;
    he may direct, for the purposes of this part, the drawdown of
    defense articles from the stocks of the Department of Defense,
    defense services of the Department of Defense, and military
    education and training, of an aggregate value of not to exceed
    $100,000,000 in any fiscal year.\667\
    ---------------------------------------------------------------------------
        \667\ The aggregate value of this special authority was increased
    from $10 million to $50 million by sec. 112(d) of the International
    Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
    Stat. 3139). It was subsequently increased from $50 million to $75
    million by sec. 110(b) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1526), and to $100
    million from $75 million by sec. 103(a) of Public Law 104-164 (110
    Stat. 1423).
    ---------------------------------------------------------------------------
              (2) \668\ (A) \666\ If the President determines and
            reports to the Congress in accordance with section 652
            of this Act that it is in the national interest of the
            United States to draw down articles and services from
            the inventory and resources of any agency of the United
            States Government and military education and training
            from the Department of Defense, the President may
            direct the drawdown of such articles, services, and
            military education and training--\669\
    ---------------------------------------------------------------------------
        \668\ The Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October
    24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429;
    114 Stat. 1900A-27), provided the following:
    ---------------------------------------------------------------------------

                          ``NOTIFICATION REQUIREMENTS
    ---------------------------------------------------------------------------
        ``Sec. 515. * * *
        ``(b) Drawdowns made pursuant to section 506(a)(2) of the Foreign
    Assistance Act of 1961 shall be subject to the regular notification
    procedures of the Committees on Appropriations.''.
        Pursuant to sec. 506(a)(2), on March 2, 2000, the President
    determined that ``it is in the national interest of the United States
    to draw down articles and services from the inventory and resources of
    the Department of Defense, for the purpose of providing international
    disaster assistance to Southern Africa, including Mozambique, South
    Africa, Zimbabwe, and Botswana.
        ``Therefore, I direct the drawdown of up to $37.6 million of
    articles and services from the inventory and resources of the
    Department of Defense for Southern Africa, including Mozambique, South
    Africa, Zimbabwe, and Botswana for the purposes and under the
    authorities of chapter 9 of part I of the Act.''. (Presidential
    Determination No. 2000-17; 65 F.R. 15821).
        \669\ Sec. 103(b) of Public Law 104-164 (110 Stat. 1423) amended
    and restated the latter part of subpara. (A).
    ---------------------------------------------------------------------------
                      (i) for the purposes and under the
                    authorities of--
                              (I) chapter 8 of part I (relating to
                            international narcotics control
                            assistance);
                              (II) chapter 9 of part I (relating to
                            international disaster assistance);
                            \670\
    ---------------------------------------------------------------------------
        \670\ Sec. 121(b) of the Security Assistance Act of 2000 (Public
    Law 106-280; 114 Stat. 850) struck out ``or'' at the end of subclause
    (II), struck out subclause (III), which had referred to the Migration
    and Refugee Assistance Act of 1962 (restated in new subclause (V)), and
    added new subclauses (III), (IV), and (V).
    ---------------------------------------------------------------------------
                              (III) chapter 8 of part II (relating
                            to antiterrorism assistance);
                              (IV) chapter 9 of part II (relating
                            to nonproliferation assistance); or
                              (V) the Migration and Refugee
                            Assistance Act of 1962; or
                      (ii) for the purpose of providing such
                    articles, services, and military education and
                    training to Vietnam, Cambodia, and Laos as the
                    President determines are necessary--
                              (I) to support cooperative efforts to
                            locate and repatriate members of the
                            United States Armed Forces and
                            civilians employed directly or
                            indirectly by the United States
                            Government who remain unaccounted for
                            from the Vietnam War; and
                              (II) to ensure the safety of United
                            States Government personnel engaged in
                            such cooperative efforts and to support
                            Department of Defense-sponsored
                            humanitarian projects associated with
                            such efforts.
              (B) An aggregate value of not to exceed \671\
            $200,000,000 in any fiscal year of such articles,
            services, and military education and training may be
            provided pursuant to subparagraph (A) of this
            paragraph--
    ---------------------------------------------------------------------------
        \671\ Sec. 103(b)(2) of Public Law 104-164 (110 Stat. 1424) struck
    out ``$75,000,000 in any fiscal year of defense articles, defense
    services, and military education and training may be provided pursuant
    to subparagraph (A) of this paragraph.'' and inserted in lieu thereof
    text from this point to the end of subpara. (B). Sec. 121(a) of the
    Security Assistance Act of 2000 (Public Law 106-280; 114 Stat. 850)
    subsequently struck out ``$150,000,000'' and inserted in lieu thereof
    ``$200,000,000''.
    ---------------------------------------------------------------------------
                      (i) not more than $75,000,000 of which may be
                    provided from the drawdown from the inventory
                    and resources of the Department of Defense;
                      (ii) not more than $75,000,000 of which may
                    be provided pursuant to clause (i)(I) of such
                    subparagraph; and
                      (iii) not more than $15,000,000 of which may
                    be provided to Vietnam, Cambodia, and Laos
                    pursuant to clause (ii) of such subparagraph.
        (b)(1) The authority contained in this section shall be
    effective for any such emergency only upon prior notification
    to the Committee on Foreign Affairs \663\ of the House of
    Representatives, the Committee on Foreign Relations of the
    Senate, and the Committee on Appropriations of each House of
    Congress. In the case of drawdowns authorized by subclauses (I)
    and (III) of subsection (a)(2)(A)(i), notifications shall be
    provided to those committees at least 15 days in advance of the
    drawdowns in accordance with the procedures applicable to
    reprogramming notifications under section 634A.\672\
    ---------------------------------------------------------------------------
        \672\ Sec. 103(b)(3) of Public Law 104-164 (110 Stat. 1424) added
    this sentence.
    ---------------------------------------------------------------------------
        (2) The President shall keep the Congress fully and
    currently informed of all defense articles, defense services,
    and military education and training provided under this
    section, including providing the Congress with a report
    detailing all defense articles, defense services, and military
    education and training delivered to the recipient country or
    international organization upon delivery of such articles or
    upon completion of such services or education and training.
    Such report shall also include whether any savings were
    realized by utilizing commercial transport services rather than
    acquiring those services from United States Government
    transport assets.\673\
    ---------------------------------------------------------------------------
        \673\ Sec. 576(1) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
    Stat. 2433), added ``, including providing the Congress with a report
    detailing all defense articles, defense services, and military
    education and training delivered to the recipient country or
    international organization upon delivery of such articles or upon
    completion of such services or education and training. Such report
    shall also include whether any savings were realized by utilizing
    commercial transport services rather than acquiring those services from
    United States Government transport assets.''.
    ---------------------------------------------------------------------------
        (c) \674\ For the purposes of any provision of law that
    authorizes the drawdown of defense or other articles or
    commodities, or defense or other services from an agency of the
    United States Government, such drawdown may include the supply
    of commercial transportation and related services that are
    acquired by contract for the purposes of the drawdown in
    question if the cost to acquire such commercial transportation
    and related services is less than the cost to the United States
    Government of providing such services from existing agency
    assets.
    ---------------------------------------------------------------------------
        \674\ Sec. 576 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
    Stat. 2433), redesignated subsec. (c) as subsec. (d), and added a new
    subsec. (c).
        Title III of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October
    24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429;
    114 Stat. 1900A-18), provided the following:
    ---------------------------------------------------------------------------

                      ``FOREIGN MILITARY FINANCING PROGRAM
    ---------------------------------------------------------------------------
        ``For expenses necessary for grants to enable the President to
    carry out the provisions of section 23 of the Arms Export Control Act,
    $3,545,000,000: Provided, That of the funds appropriated under this
    heading, not less than $1,980,000,000 shall be available for grants
    only for Israel, and not less than $1,300,000,000 shall be made
    available for grants only for Egypt: Provided further, That the funds
    appropriated by this paragraph for Israel shall be disbursed within 30
    days of the enactment of this Act or by October 31, 2000, whichever is
    later: Provided further, That to the extent that the Government of
    Israel requests that funds be used for such purposes, grants made
    available for Israel by this paragraph shall, as agreed by Israel and
    the United States, be available for advanced weapons systems, of which
    not less than $520,000,000 shall be available for the procurement in
    Israel of defense articles and defense services, including research and
    development: Provided further, That of the funds appropriated by this
    paragraph, not less than $75,000,000 should be available for assistance
    for Jordan: Provided further, That of the funds appropriated by this
    paragraph, not less than $3,000,000 shall be made available for
    assistance for Malta: Provided further, That of the funds appropriated
    by this paragraph, not less than $8,500,000 shall be made available for
    assistance for Tunisia: Provided further, That during fiscal year 2001,
    the President is authorized to, and shall, direct the draw-downs of
    defense articles from the stocks of the Department of Defense, defense
    services of the Department of Defense, and military education and
    training of an aggregate value of not less than $5,000,000 under the
    authority of this proviso for Tunisia for the purposes of part II of
    the Foreign Assistance Act of 1961 and any amount so directed shall
    count toward meeting the earmark in the preceding proviso: Provided
    further, That of the funds appropriated by this paragraph, not less
    than $8,000,000 shall be made available for Georgia: Provided further,
    That during fiscal year 2001, the President is authorized to, and
    shall, direct the draw-downs of defense articles from the stocks of the
    Department of Defense, defense services of the Department of Defense,
    and military education and training of an aggregate value of not less
    than $4,000,000 under the authority of this proviso for Georgia for the
    purposes of part II of the Foreign Assistance Act of 1961 and any
    amount so directed shall count toward meeting the earmark in the
    preceding proviso: Provided further, That funds appropriated by this
    paragraph shall be nonrepayable notwithstanding any requirement in
    section 23 of the Arms Export Control Act: Provided further, That funds
    made available under this paragraph shall be obligated upon
    apportionment in accordance with paragraph (5)(C) of title 31, United
    States Code, section 1501(a).
        ``None of the funds made available under this heading shall be
    available to finance the procurement of defense articles, defense
    services, or design and construction services that are not sold by the
    United States Government under the Arms Export Control Act unless the
    foreign country proposing to make such procurements has first signed an
    agreement with the United States Government specifying the conditions
    under which such procurements may be financed with such funds:
    Provided, That all country and funding level increases in allocations
    shall be submitted through the regular notification procedures of
    section 515 of this Act: Provided further, That none of the funds
    appropriated under this heading shall be available for assistance for
    Sudan and Liberia: Provided further, That funds made available under
    this heading may be used, notwithstanding any other provision of law,
    for demining, the clearance of unexploded ordnance, and related
    activities, and may include activities implemented through
    nongovernmental and international organizations: Provided further, That
    none of the funds appropriated under this heading shall be available
    for assistance for Guatemala: Provided further, That only those
    countries for which assistance was justified for the ``Foreign Military
    Sales Financing Program'' in the fiscal year 1989 congressional
    presentation for security assistance programs may utilize funds made
    available under this heading for procurement of defense articles,
    defense services or design and construction services that are not sold
    by the United States Government under the Arms Export Control Act:
    Provided further, That funds appropriated under this heading shall be
    expended at the minimum rate necessary to make timely payment for
    defense articles and services: Provided further, That not more than
    $33,000,000 of the funds appropriated under this heading may be
    obligated for necessary expenses, including the purchase of passenger
    motor vehicles for replacement only for use outside of the United
    States, for the general costs of administering military assistance and
    sales: Provided further, That not more than $340,000,000 of funds
    realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act
    may be obligated for expenses incurred by the Department of Defense
    during fiscal year 2001 pursuant to section 43(b) of the Arms Export
    Control Act, except that this limitation may be exceeded only through
    the regular notification procedures of the Committees on
    Appropriations: Provided further, That foreign military financing
    program funds estimated to be outlayed for Egypt during fiscal year
    2001 shall be transferred to an interest bearing account for Egypt in
    the Federal Reserve Bank of New York within 30 days of enactment of
    this Act or by October 31, 2000, whichever is later: Provided further,
    That the Committees on Appropriations shall be informed at least 10
    days prior to the obligation of any interest accrued by the account
    established by the previous proviso.''.
        Title VI of that Act provided emergency supplemental appropriations
    as follows:
    ---------------------------------------------------------------------------

                      ``FOREIGN MILITARY FINANCING PROGRAM
    ---------------------------------------------------------------------------
        ``For an additional amount for `Foreign Military Financing
    Program', to enable the President to carry out section 23 of the Arms
    Export Control Act, $31,000,000, to remain available until September
    30, 2002, for grants to countries of the Balkans and southeast Europe:
    Provided, That funds appropriated in this paragraph shall be made
    available notwithstanding section 10 of Public Law 91-672 and section
    15 of the State Department Basic Authorities Act of 1956: Provided
    further, That funds made available under this heading shall be
    nonrepayable, notwithstanding sections 23(b) and 23(c) of the Act:
    Provided further, That the entire amount is designated by the Congress
    as an emergency requirement pursuant to section 251(b)(2)(A) of the
    Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
    Provided further, That the amount provided shall be available only to
    the extent that an official budget request that includes designation of
    the entire amount as an emergency requirement pursuant to section
    251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
    of 1985, as amended, is transmitted by the President to the
    Congress.''.
    ---------------------------------------------------------------------------
        (d) \674\ There are authorized to be appropriated to the
    President such sums as may be necessary to reimburse the
    applicable appropriation, fund, or account for defense
    articles, defense services, and military education and training
    provided under this section.
        Sec. 507.\675\ Restrictions on Military Aid to Latin
    America. * * * [Repealed--1973]
    ---------------------------------------------------------------------------
        \675\ Sec. 12(b)(5) of the FA Act of 1973 repealed secs. 507, 508,
    and 509.
    ---------------------------------------------------------------------------
        Sec. 508.\675\ Restrictions on Military Aid to Africa. * *
    * [Repealed--1973]
        Sec. 509.\675\ Certification of Recipient's Capability. * *
    * [Repealed--1973]
        Sec. 510.\676\ Restrictions on Training Foreign Military
    Students. * * * [Repealed--1976]
    ---------------------------------------------------------------------------
        \676\ Sec. 510 was repealed by sec. 106(b) of the International
    Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
    329; 90 Stat. 733).
    ---------------------------------------------------------------------------
        Sec. 511.\677\ Considerations in Furnishing Military
    Assistance.--Decisions to furnish military assistance made
    under this part shall take into account \678\ whether such
    assistance will--
    ---------------------------------------------------------------------------
        \677\ 22 U.S.C. 2321d. Sec. 511 was added by sec. 201(f) of the FA
    Act of 1971.
        \678\ Sec. 1225(b) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681) struck out ``be made in coordination with the Director of
    the United States Arms Control and Disarmament Agency and shall take
    into account his opinion as to'' and inserted in lieu thereof ``take
    into account''. Previously, sec. 150(c) of the Foreign Relations
    Authorization Act, Fiscal Year 1976 (Public Law 94-141) struck out the
    words ``take into account'' and inserted in lieu thereof ``be made in
    coordination with the Director of the United States Arms Control and
    Disarmament Agency and shall take into account his opinion as to''.
    ---------------------------------------------------------------------------
              (1) contribute to an arms race;
              (2) increase the possibility of outbreak or
            escalation of conflict; or
              (3) prejudice the development of bilateral or
            multilateral arms control arrangements.
        Sec. 512.\679\ Military Assistance Advisory Groups and
    Missions. * * * [Repealed--1973]
    ---------------------------------------------------------------------------
        \679\ Sec. 12(5) of the FA Act of 1973 repealed sec. 512.
    ---------------------------------------------------------------------------
        Sec. 513.\680\ Military Assistance Authorizations for
    Thailand and Laos, and South Vietnam. * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \680\ Sec. 513, as added by sec. 20(f) of the FA Act of 1971 and
    amended by sec. 12(6)(B) of the FA Act of 1973, and sec. 12 of the FA
    Act of 1974, was repealed by sec. 734(a)(1) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1560). Sec. 513 had prohibited military assistance for Thailand
    (after June 30, 1972), Laos (after June 30, 1974), and South Vietnam
    (after June 30, 1976) unless the assistance had been authorized under
    this Act or the Foreign Military Sales Act (now the Arms Export Control
    Act).
    ---------------------------------------------------------------------------
        Sec. 514.\681\ Stockpiling of Defense Articles for Foreign
    Countries.--(a) No defense article in the inventory of the
    Department of Defense which is set aside, reserved, or in any
    way earmarked or intended for future use by any foreign country
    may be made available to or for use by any foreign country
    unless such transfer is authorized under this Act or the Arms
    Export Control Act, or any subsequent corresponding
    legislation, and the value of such transfer is charged against
    funds authorized under such legislation or against the
    limitations specified in such legislation, as appropriate, for
    the fiscal period in which such defense article is transferred.
    For purposes of this subsection, ``value'' means the
    acquisition cost plus crating, packing, handling, and
    transportation costs incurred in carrying out this section.
    ---------------------------------------------------------------------------
        \681\ 22 U.S.C. 2321h. The original sec. 514, which concerned
    special foreign country accounts, was added by sec. 201(f) of Public
    Law 92-226 (86 Stat. 26). This section was repealed by sec. 12(b) of
    Public Law 93-189 (87 Stat. 722). This new sec. 514, as added by sec.
    15 of Public Law 93-559 (88 Stat. 1799), was amended by sec. 103 of the
    International Security Assistance and Arms Export Control Act of 1976.
    It formerly read:
        ``(a) Notwithstanding any other provision of law, no funds, other
    than funds made available under this chapter or section 401(a) of
    Public Law 89-367 (80 Stat. 37), or any subsequent corresponding
    legislation, may be obligated for the purpose of stockpiling any
    defense article or war reserve material, including the acquisition,
    storage, or maintenance of any war reserve equipment, secondary items,
    or munitions, if such article or material is set aside, reserved, or in
    any way earmarked or intended for future use by any foreign country
    under this Act or such section.
        ``(b) The cost of any such article or material set aside, reserved,
    or in any way earmarked or intended by the Department of Defense for
    future use by, for, or on behalf of the country referred to in section
    401(a)(1) of Public Law 89-367 (80 Stat. 37) shall be charged against
    the limitation specified in such section or any subsequent
    corresponding legislation, for the fiscal year in which such article or
    material is set aside, reserved, or otherwise earmarked or intended;
    and the cost of any such article or material set aside, reserved or in
    any way earmarked or intended for future use by, for, or on behalf of
    any other foreign country shall be charged against funds authorized
    under this chapter or the fiscal year in which such article or material
    is set aside, reserved, or otherwise earmarked. No such article or
    material may be made available to or for use by any foreign country
    unless such article or material has been charged against the limitation
    specified in such section, or any subsequent corresponding legislation,
    or against funds authorized under this chapter, as appropriate.''.
        Section 1303(b) of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1669) struck out
    subsec. (e) to this section. Subsec. (e) formerly read as follows:
        ``(e) The President shall promptly report to the Congress each new
    stockpile, or addition to an existing stockpile, described in this
    section of defense articles valued in excess of $10,000,000 in any
    fiscal year.''.
        Sec. 112 of the Security Assistance Act of 2000 (Public Law 106-
    280; 114 Stat. 850) provided the following:
        ``SEC. 112. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS DEFENSE
    ARTICLES IN THE WAR RESERVE STOCKPILES FOR ALLIES TO ISRAEL.
        ``(a) Transfers to Israel.--
    ---------------------------------------------------------------------------

              ``(1) Authority.--Notwithstanding section 514 of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2321h), the President is
            authorized to transfer to Israel, in return for concessions to
            be negotiated by the Secretary of Defense, with the concurrence
            of the Secretary of State, any or all of the items described in
            paragraph (2).
              ``(2) Items covered.--The items referred to in paragraph (1)
            are munitions, equipment, and material such as armor,
            artillery, automatic weapons ammunition, and missiles that--

                      ``(A) are obsolete or surplus items;
                      ``(B) are in the inventory of the Department of
                    Defense;
                      ``(C) are intended for use as reserve stocks for
                    Israel; and
                      ``(D) as of the date of the enactment of this Act,
                    are located in a stockpile in Israel.
    ---------------------------------------------------------------------------
        ``(b) Concessions.--The value of concessions negotiated pursuant to
    subsection (a) shall be at least equal to the fair market value of the
    items transferred. The concessions may include cash compensation,
    services, waiver of charges otherwise payable by the United States, and
    other items of value.
        ``(c) Advance Notification of Transfer.--Not less than 30 days
    before making a transfer under the authority of this section, the
    President shall transmit to the Committee on Foreign Relations of the
    Senate and the Committee on International Relations of the House of
    Representatives a notification of the proposed transfer. The
    notification shall identify the items to be transferred and the
    concessions to be received.
        ``(d) Expiration of Authority.--No transfer may be made under the
    authority of this section 3 years after the date of the enactment of
    this Act.''.
    ---------------------------------------------------------------------------
        (b)(1) The value of defense articles to be set aside,
    earmarked, reserved, or intended for use as war reserve stocks
    for allied or other foreign countries (other than for purposes
    of the North Atlantic Treaty Organization or in the
    implementation of agreements with Israel) \682\ in stockpiles
    located in foreign countries may not exceed in any fiscal year
    an amount that \683\ is specified in security assistance
    authorizing legislation for that fiscal year.
    ---------------------------------------------------------------------------
        \682\ Sec. 531B(a) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
    Stat. 732), inserted ``or in the implementation of agreements with
    Israel'' after ``North Atlantic Treaty Organization''.
        \683\ Section 587(b)(1) of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1990 (Public Law
    101-167; 103 Stat. 1253), struck out ``greater than'' and inserted in
    lieu thereof ``that'' at this point.
    ---------------------------------------------------------------------------
        (2) \684\ (A) The value of such additions to stockpiles of
    defense articles in foreign countries shall not exceed
    $50,000,000 for fiscal year 2001.
    ---------------------------------------------------------------------------
        \684\ Sec. 102(c)(1) of the Security Assistance Act of 2000 (Public
    Law 106-280; 114 Stat. 845) amended and restated para. (2). The para.
    had previously provided not to exceed $60 million for fiscal year 2000
    in subpara. (A), and not more than $40 million for stockpiles in the
    Republic of Korea and $20 million for stockpiles in Thailand in
    subpara. (B).
        Previously, sec. 1231 of the Security Assistance Act of 1999 (title
    XII of the Admiral James W. Nance and Meg Donovan Foreign Relations
    Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
    reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)),
    amended and restated subsec. (b)(2), effectively striking out
    ``$340,000,000 for fiscal year 1999 and'' after ``shall not exceed''.
        Sec. 584(a) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by
    reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535),
    struck out ``$50,000,000 for each of the fiscal years 1996 and 1997,
    $60,000,000 for fiscal year 1998, and'' after ``shall not exceed'' and
    inserted at the end of the sentence ``and $60,000,000 for fiscal year
    2000''.
        Previously, sec. 571(a) of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1999 (sec. 101(d)
    of Public Law 105-277; 112 Stat. 2681), struck out ``and'' after
    ``1997'', inserted in lieu thereof a comma, and added ``, and
    $340,000,000 for fiscal year 1999'' at the end of the sentence. Sec.
    572(b) of that Act added at the end of subpara. (B) the following: ``Of
    the amount specified in subparagraph (A) for fiscal year 1999, not more
    than $320,000,000 may be made available for stockpiles in the Republic
    of Korea and not more than $20,000,000 may be made available for
    stockpiles in Thailand.''.
        Previously, sec. 575(a) of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1998 (Public Law
    105-118; 111 Stat. 2433), added ``and $60,000,000 for fiscal year
    1998'' at the end of para. (2); and sec. 575(b) of that Act added the
    fiscal year 1998 stockpile limits for Korea and Thailand in subpara.
    (B).
        Previously, sec. 531B(b) of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1996 (Public Law
    104-107; 110 Stat. 732), amended and restated subsec. (b)(2) generally.
        Previously, sec. 535 of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1995 (Public Law 103-306; 108
    Stat. 1637), provided ``a total of $200,000,000 for stockpiles in
    Israel for fiscal years 1994 and 1995, up to $40,000,000 may be made
    available for stockpiles in the Republic of Korea, and up to
    $10,000,000 may be made available for stockpiles in Thailand for fiscal
    year 1995''.
        Previously, sec. 535 of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1994 (Public Law 103-87; 107
    Stat. 955), decreased the stockpile for Israel to $200,000,000, and
    made available up to $72,000,000 for stockpiles in Korea, and up to
    $20,000,000 for stockpiles in Thailand.
        Previously, sec. 569 of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1993 (Public Law 102-391; 106
    Stat. 1681), increased the stockpile limit, included allocations for
    Israel, and added text pertaining to stockpile allocations for the
    Republic of Korea.
        Previous to that, sec. 573(b) of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1991 (Public Law
    101-513; 104 Stat. 2042), increased the stockpile limit and added text
    pertaining to allocations for Israel.
        Figures for stockpile limits for recent years include the
    following: fiscal year 1976--$96,750,000; fiscal year 1977--
    $125,000,000; fiscal year 1978--$270,000,000; fiscal year 1979--
    $90,000,000; fiscal year 1980--$95,000,000; fiscal year 1981--
    $85,000,000; fiscal year 1982--$130,000,000; fiscal year 1983--
    $125,000,000; fiscal year 1984--$125,000,000; fiscal year 1985--
    $248,000,000; fiscal year 1986--$360,000,000; fiscal year 1987--
    $125,000,000; fiscal year 1988--$116,000,000; fiscal year 1989--
    $77,000,000; fiscal year 1990--$165,000,000; fiscal year 1991--
    $378,000,000; fiscal year 1992--$378,000,000; fiscal year 1993--
    $389,000,000; fiscal year 1994--$292,000,000; fiscal year 1995--
    $250,000,000; fiscal year 1996--$50,000,000; fiscal year 1997--
    $50,000,000; fiscal year 1998--$60,000,000; fiscal year 1999--
    $340,000,000; fiscal year 2000--$60,000,000; fiscal year 2001--
    $50,000,000.
    ---------------------------------------------------------------------------
        (B) \685\ Of the amount specified in subparagraph (A), not
    more than $50,000,000 may be made available for stockpiles in
    the Republic of Korea.
    ---------------------------------------------------------------------------
        \685\ Sec. 102(c)(1) of the Security Assistance Act of 2000 (Public
    Law 106-280; 114 Stat. 845) amended and restated para. (2). It had
    previously provided not to exceed $60 million for fiscal year 2000 in
    subpara. (A), and not more than $40 million for stockpiles in the
    Republic of Korea and $20 million for stockpiles in Thailand in
    subpara. (B).
        Previously, sec. 1231 of the Security Assistance Act of 1999 (title
    XII of the Admiral James W. Nance and Meg Donovan Foreign Relations
    Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
    reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)),
    amended and restated subsec. (b)(2), effectively striking out ``Of the
    amount specified in subparagraph (A) for fiscal year 1999, not more
    than $320,000,000 may be made available for stockpiles in the Republic
    of Korea and not more than $20,000,000 may be made available for
    stockpiles in Thailand.'' and the reference to fiscal year 2000 for the
    remaining text in subpara. (B).
        Previously, sec. 584(b) of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2000 (H.R. 3422,
    enacted by reference in sec. 1000(a)(2) of Public Law 106-113; 113
    Stat. 1535), struck out ``Of the amount specified in subparagraph (A)
    for each of the fiscal years 1996 and 1997, not more than $40,000,000
    may be made available for stockpiles in the Republic of Korea and not
    more than $10,000,000 may be made available for stockpiles in Thailand.
    Of the amount specified in subparagraph (A) for fiscal year 1998, not
    more than $40,000,000 may be made available for stockpiles in the
    Republic of Korea and not more than $20,000,000 may be made available
    for stockpiles in Thailand.'' and inserted a sentence at the end of the
    subpara.
    ---------------------------------------------------------------------------
        (c) \686\ Location of Stockpiles of Defense Articles.--
    ---------------------------------------------------------------------------
        \686\ Sec. 531B(c) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
    Stat. 732) amended and restated subsec. (c). It formerly read as
    follows:
        ``(c) Except for stockpiles in existence on the date of enactment
    of the International Security Assistance and Arms Export Control Act of
    1976 and for stockpiles located in the Republic of Korea, Thailand, or
    countries which are members of the North Atlantic Treaty Organization,
    or major non-NATO allies, no stockpile may be located outside the
    boundaries of a United States military base or a military base used
    primarily by the United States.''.
        The reference to Thailand was first added by title III of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1988 (Continuing Appropriations for 1988; Public
    Law 100-202; 101 Stat. 1329-147). The reference to the Republic of
    Korea was first added by sec. 6(a)(2) of the International Security
    Assistance Act of 1979 (Public Law 96-92; 93 Stat. 703). Sec. 573(a) of
    the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2042), first
    added the reference to major non-NATO allies.
    ---------------------------------------------------------------------------
              (1) Limitation.--Except as provided in paragraph (2),
            no stockpile of defense articles may be located outside
            the boundaries of a United States military base or a
            military base used primarily by the United States.
              (2) Exceptions.--Paragraph (1) shall not apply with
            respect to stockpiles of defense articles located in
            the Republic of Korea, Thailand, any country that is a
            member of the North Atlantic Treaty Organization, any
            country that is a major non-NATO ally, or any other
            country the President may designate. At least 15 days
            before designating a country pursuant to the last
            clause of the preceding sentence, the President shall
            notify the congressional committees specified in
            section 634A(a) in accordance with the procedures
            applicable to reprogramming notifications under that
            section.
        (d) No defense article transferred from any stockpile which
    is made available to or for use by any foreign country may be
    considered an excess defense article for the purpose of
    determining the value thereof.
        Sec. 515.\687\ Overseas Management of Assistance and Sales
    Programs.--(a) In order to carry out his responsibilities for
    the management of international security assistance programs
    conducted under this chapter, chapter 5 of this part, and the
    Arms Export Control Act, the President may assign members of
    the Armed Forces of the United States to a foreign country to
    perform one or more of the following functions:
    ---------------------------------------------------------------------------
        \687\ 22 U.S.C. 2321i. Sec. 515, as amended by sec. 16 of FA Act of
    1974, sec. 104 of Public Law 94-329, sec. 7(c) of Public Law 95-92,
    sec. 9 of Public Law 95-424, sec. 7 of Public Law 95-92, and sec. 114
    of Public Law 96-533, was comprehensively amended and restated by sec.
    112 of the International Security and Development Cooperation Act of
    1981 (Public Law 97-113; 95 Stat. 1527).
    ---------------------------------------------------------------------------
              (1) equipment and services case management;
              (2) training management;
              (3) program monitoring;
              (4) evaluation and planning of the host government's
            military capabilities and requirements;
              (5) administrative support;
              (6) promoting rationalization, standardization,
            interoperability, and other defense cooperation
            measures; \688\ and
    ---------------------------------------------------------------------------
        \688\ Sec. 143 of Public Law 104-164 (110 Stat. 1434) struck out
    ``among members of the North Atlantic Treaty Organization and with the
    Armed Forces of Japan, Australia, and New Zealand'' after ``measures''.
    ---------------------------------------------------------------------------
              (7) liaison functions exclusive of advisory and
            training assistance.
        (b) Advisory and training assistance conducted by military
    personnel assigned under this section shall be kept to an
    absolute minimum. It is the sense of the Congress that advising
    and training assistance in countries to which military
    personnel are assigned under this section shall be provided
    primarily by other personnel who are not assigned under this
    section and who are detailed for limited periods to perform
    specific tasks.
        (c)(1) The number of members of the Armed Forces assigned
    to a foreign country under this section may not exceed six
    unless specifically authorized by the Congress. The President
    may waive this limitation if he determines and reports to the
    Committee on Foreign Relations of the Senate and the Committee
    on Foreign Affairs \663\ of the House of Representatives, 30
    days prior to the introduction of the additional military
    personnel, that United States national interests require that
    more than six members of the Armed Forces be assigned under
    this section to carry out international security assistance
    programs in a country not specified in this paragraph.
    Pakistan, Tunisia, El Salvador, Honduras, Colombia,\689\
    Indonesia, the Republic of Korea, the Philippines, Thailand,
    Egypt, Jordan, Morocco, Saudi Arabia, Greece, Portugal, Spain,
    and Turkey are authorized to have military personnel strengths
    larger than six under this section to carry out international
    security assistance programs.
    ---------------------------------------------------------------------------
        \689\ Sec. 125 of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 205), struck out
    ``For the fiscal year 1982 and the fiscal year 1983'' and inserted in
    lieu thereof ``Pakistan, Tunisia, El Salvador, Honduras''.
        Sec. 4305(a) of Public Law 100-690 (102 Stat. 4273) added
    ``Colombia'' after ``Honduras''.
    ---------------------------------------------------------------------------
        (2) The total number of members of the Armed Forces
    assigned under this section to a foreign country in a fiscal
    year may not exceed the number justified to the Congress for
    that country in the congressional presentation materials for
    that fiscal year, unless the Committee on Foreign Relations of
    the Senate and the Committee on Foreign Affairs \663\ of the
    House of Representatives are notified 30 days in advance of the
    introduction of the additional military personnel.
        (d) Effective October 1, 1989,\690\ the entire costs
    (excluding \691\ salaries of the United States military
    personnel other than the Coast Guard) \691\ of overseas
    management of international security assistance programs under
    this section shall be charged to or reimbursed from funds made
    available to carry out this chapter or the Arms Export Control
    Act,\692\ other than any such costs which are either paid
    directly for such defense services under section 21(a) of the
    Arms Export Control Act or reimbursed from charges for services
    collected from foreign governments pursuant to section 21(e)
    and section 43(b) of that Act.
    ---------------------------------------------------------------------------
        \690\ Section 9104(a) of the Department of Defense Appropriations
    Act, 1990 (Public Law 101-165; 103 Stat. 1152) struck out ``1982'' and
    inserted in lieu thereof ``1989''.
        \691\ Section 9104 of the Department of Defense Appropriations Act,
    1990 (Public Law 101-165; 103 Stat. 1152) struck out ``including'' and
    inserted in lieu thereof ``excluding''. Sec. 556(c) of the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1993 (Public Law 102-391; 106 Stat. 1675), restated parentheses to make
    provision for the Coast Guard.
        \692\ Title III of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
    Stat. 1213), added reference to the Arms Export Control Act at this
    point.
    ---------------------------------------------------------------------------
        (e) Members of the Armed Forces assigned to a foreign
    country under this section shall serve under the direction and
    supervision of the Chief of the United States Diplomatic
    Mission to that country.
        (f) The President shall continue to instruct United States
    diplomatic and military personnel in the United States missions
    abroad that they should not encourage, promote, or influence
    the purchase by any foreign country of United States-made
    military equipment, unless they are specifically instructed to
    do so by an appropriate official of the executive branch.

    Sec. 516.\693\ AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES.
        (a) Authorization.--The President is authorized to transfer
    excess defense articles under this section to countries for
    which receipt of such articles was justified pursuant to the
    annual congressional presentation documents for military
    assistance programs, or for programs under chapter 8 of part I
    of this Act, submitted under section 634 of this Act, or for
    which receipt of such articles was separately justified to the
    Congress, for the fiscal year in which the transfer is
    authorized.
    ---------------------------------------------------------------------------
        \693\ 22 U.S.C. 2321j. Sec. 104(a) of Public Law 104-164 (110 Stat.
    1424) amended and restated sec. 516.
        The earlier form of sec. 516, relating to the modernization of
    defense capabilities of countries of NATO's southern flank, was added
    by sec. 1101 of Public Law 99-661 (100 Stat. 3960). Prior to that, sec.
    516, added by sec. 105 of Public Law 94-329 and amended by sec. 7(b) of
    Public Law 95-384, sec. 5(c) of Public Law 96-92, and sec. 112(d) of
    Public Law 96-533, was repealed by sec. 110(d) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1526). Sec. 516 had required the termination of authorities
    contained in this chapter (except for authorities in secs. 506, 514,
    and 515) as of September 30, 1982, except to the extent Congress might
    authorize military assistance in specified amounts for specified
    countries.
        The Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000,
    enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat.
    1900A-30), provided the following:
    ---------------------------------------------------------------------------

                   ``NOTIFICATION OF EXCESS DEFENSE EQUIPMENT
    ---------------------------------------------------------------------------
        ``Sec. 524. Prior to providing excess Department of Defense
    articles in accordance with section 516(a) of the Foreign Assistance
    Act of 1961, the Department of Defense shall notify the Committees on
    Appropriations to the same extent and under the same conditions as are
    other committees pursuant to subsection (f ) of that section: Provided,
    That before issuing a letter of offer to sell excess defense articles
    under the Arms Export Control Act, the Department of Defense shall
    notify the Committees on Appropriations in accordance with the regular
    notification procedures of such Committees: Provided further, That such
    Committees shall also be informed of the original acquisition cost of
    such defense articles.''.
        The Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1997 (sec. 101(c) of title I of Public Law 104-208;
    110 Stat. 3009), provided the following:
    ---------------------------------------------------------------------------

                    ``MEDITERRANEAN EXCESS DEFENSE ARTICLES
    ---------------------------------------------------------------------------
        ``Sec. 535. For the four-year period beginning on October 1, 1996,
    the President shall ensure that excess defense articles will be made
    available under section 516 and 519 of the Foreign Assistance Act of
    1961 consistent with the manner in which the President made available
    excess defense articles under those sections during the four-year
    period that began on October 1, 1992, pursuant to section 573(e) of the
    Foreign Operations, Export Financing, Related Programs Appropriations
    Act, 1990.''.
    ---------------------------------------------------------------------------
        (b) Limitations on Transfers.--(1) The President may
    transfer excess defense articles under this section only if--
              (A) such articles are drawn from existing stocks of
            the Department of Defense;
              (B) funds available to the Department of Defense for
            the procurement of defense equipment are not expended
            in connection with the transfer;
              (C) the transfer of such articles will not have an
            adverse impact on the military readiness of the United
            States;
              (D) with respect to a proposed transfer of such
            articles on a grant basis, such a transfer is
            preferable to a transfer on a sales basis, after taking
            into account the potential proceeds from, and
            likelihood of, such sales, and the comparative foreign
            policy benefits that may accrue to the United States as
            the result of a transfer on either a grant or sales
            basis;
              (E) the President determines that the transfer of
            such articles will not have an adverse impact on the
            national technology and industrial base and,
            particularly, will not reduce the opportunities of
            entities in the national technology and industrial base
            to sell new or used equipment to the countries to which
            such articles are transferred; and
              (F) the transfer of such articles is consistent with
            the policy framework for the Eastern Mediterranean
            established under section 620C of this Act.
        (2) Accordingly, for the four-year period beginning on
    October 1, 1996, and thereafter for the four-year period
    beginning on October 1, 2000,\694\ the President shall ensure
    that excess defense articles offered to Greece and Turkey under
    this section will be made available consistent with the manner
    in which the President made available such excess defense
    articles during the four-year period that began on October 1,
    1992, pursuant to section 573(e) of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act,
    1990.\695\
    ---------------------------------------------------------------------------
        \694\ Sec. 1211(b) of the Security Assistance Act of 1999 (title
    XII of the Admiral James W. Nance and Meg Donovan Foreign Relations
    Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
    reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)),
    inserted ``and thereafter for the four-year period beginning on October
    1, 2000,'' after ``October 1, 1996,''.
        \695\ Sec. 573(e) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1990 (Public Law 101-167; (103
    Stat. 1246), read as follows:
        ``(e) maintenance of military balance in eastern mediterranean.--
    ---------------------------------------------------------------------------

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

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

              ``(3) exception to requirement.--This subsection shall not
            apply if either Greece or Turkey ceases to be eligible to
            receive excess defense articles under subsection (a).''.
        (c) Terms of Transfers.--
              (1) No cost to recipient country.--Excess defense
            articles may be transferred under this section without
            cost to the recipient country.
              (2) Priority.--Notwithstanding any other provision of
            law, the delivery of excess defense articles under this
            section to member countries of the North Atlantic
            Treaty Organization (NATO) on the southern and
            southeastern flank of NATO and to major non-NATO allies
            on such southern and southeastern flank shall be given
            priority to the maximum extent feasible over the
            delivery of such excess defense articles to other
            countries.
        (d) Waiver of Requirement for Reimbursement of Department
    of Defense Expenses.--Section 632(d) shall not apply with
    respect to transfers of excess defense articles (including
    transportation and related costs) under this section.
        (e) \696\ Transportation and Related Costs.--
    ---------------------------------------------------------------------------
        \696\ Sec. 707 of the Security Assistance Act of 2000 (Public Law
    106-280; 114 Stat. 862) provided the following:
        ``sec. 707. excess defense articles for mongolia.
        ``(a) Uses for Which Funds Are Available.--Notwithstanding section
    516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)),
    during the fiscal years 2001 and 2002, funds available to the
    Department of Defense may be expended for crating, packing, handling,
    and transportation of excess defense articles transferred under the
    authority of section 516 of that Act to Mongolia.
        ``(b) Content of Congressional Notification.--Each notification
    required to be submitted under section 516(f) of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2321j(f)) with respect to a proposed transfer of
    a defense article described in subsection (a) shall include an estimate
    of the amount of funds to be expended under subsection (a) with respect
    to that transfer.''.
        Sec. 1212(a) of the Security Assistance Act of 1999 (title XII of
    the Admiral James W. Nance and Meg Donovan Foreign Relations
    Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
    reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)),
    provided the following:
        ``(a) Uses for Which Funds Are Available.--Notwithstanding section
    516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)),
    during each of the fiscal years 2000 and 2001, funds available to the
    Department of Defense may be expended for crating, packing, handling,
    and transportation of excess defense articles transferred under the
    authority of section 516 of that Act to Estonia, Georgia, Hungary,
    Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Poland, Slovakia,
    Ukraine, and Uzbekistan.''.
        Sec. 105 of Public Law 104-164 (110 Stat. 1427) provided the
    following:
        ``SEC. 105. EXCESS DEFENSE ARTICLES FOR CERTAIN EUROPEAN COUNTRIES.
        ``Notwithstanding section 516(e) of the Foreign Assistance Act of
    1961, as added by this Act, during each of the fiscal years 1996 and
    1997, funds available to the Department of Defense may be expended for
    crating, packing, handling, and transportation of excess defense
    articles transferred under the authority of section 516 of such Act to
    countries that are eligible to participate in the Partnership for Peace
    and that are eligible for assistance under the Support for East
    European Democracy (SEED) Act of 1989.''.
    ---------------------------------------------------------------------------
              (1) In general.--Except as provided in paragraph (2),
            funds available to the Department of Defense may not be
            expended for crating, packing, handling, and
            transportation of excess defense articles transferred
            under the authority of this section.
              (2) Exception.--The President may provide for the
            transportation of excess defense articles without
            charge to a country for the costs of such
            transportation if--
                      (A) it is determined that it is in the
                    national interest of the United States to do
                    so;
                      (B) the recipient is a developing country
                    receiving less than $10,000,000 of assistance
                    under chapter 5 of this part of this Act
                    (relating to international military education
                    and training) or section 23 of the Arms Export
                    Control Act (22 U.S.C. 2763; relating to the
                    Foreign Military Financing program) in the
                    fiscal year in which the transportation is
                    provided;
                      (C) the total weight of the transfer does not
                    exceed 50,000 \697\ pounds; and
    ---------------------------------------------------------------------------
        \697\ Sec. 122 of the Security Assistance Act of 2000 (Public Law
    106-280; 114 Stat. 851) struck out ``25,000'' and inserted in lieu
    thereof ``50,000''.
    ---------------------------------------------------------------------------
                      (D) such transportation is accomplished on a
                    space available basis.
        (f) \696\, \698\ Advance Notification to
    Congress for Transfer of Certain Excess Defense Articles.--
    ---------------------------------------------------------------------------
        \698\ Sec. 1212(b) of the Security Assistance Act of 1999 (title
    XII of the Admiral James W. Nance and Meg Donovan Foreign Relations
    Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
    reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)),
    provided the following:
        ``(b) Content of Congressional Notification.--Each notification
    required to be submitted under section 516(f) of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2321j(f)) with respect to a proposed transfer of
    a defense article described in subsection (a) shall include an estimate
    of the amount of funds to be expended under subsection (a) with respect
    to that transfer.''.
    ---------------------------------------------------------------------------
              (1) In general.--The President may not transfer
            excess defense articles that are significant military
            equipment (as defined in section 47(9) of the Arms
            Export Control Act) or excess defense articles valued
            (in terms of original acquisition cost) at $7,000,000
            or more, under this section or under the Arms Export
            Control Act (22 U.S.C. 2751 et seq.) until 30 days
            after the date on which the President has provided
            notice of the proposed transfer to the congressional
            committees specified in section 634A(a) in accordance
            with procedures applicable to reprogramming
            notifications under that section.
              (2) Contents.--Such notification shall include--
                      (A) a statement outlining the purposes for
                    which the article is being provided to the
                    country, including whether such article has
                    been previously provided to such country;
                      (B) an assessment of the impact of the
                    transfer on the military readiness of the
                    United States;
                      (C) an assessment of the impact of the
                    transfer on the national technology and
                    industrial base and, particularly, the impact
                    on opportunities of entities in the national
                    technology and industrial base to sell new or
                    used equipment to the countries to which such
                    articles are to be transferred; and
                      (D) a statement describing the current value
                    of such article and the value of such article
                    at acquisition.
        (g) \699\ Aggregate Annual Limitation.--
    ---------------------------------------------------------------------------
        \699\ Sec. 1271(a) of the Security Assistance Act of 1999 (title
    XII of the Admiral James W. Nance and Meg Donovan Foreign Relations
    Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
    reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536),
    provided the following:
        ``(a) Inapplicability of Aggregate Annual Limitation on Value of
    Transferred Excess Defense Articles.--The value of a vessel transferred
    to another country on a grant basis under section 516 of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to authority provided
    by section 1018(a) of the National Defense Authorization Act for Fiscal
    Year 2000 shall not be counted for the purposes of section 516(g) of
    the Foreign Assistance Act of 1961 in the aggregate value of excess
    defense articles transferred to countries under that section in any
    fiscal year.''.
    ---------------------------------------------------------------------------
              (1) In general.--The aggregate value of excess
            defense articles transferred to countries under this
            section in any fiscal year may not exceed
            $425,000,000.\700\
    ---------------------------------------------------------------------------
        \700\ Sec. 1213 of the Security Assistance Act of 1999 (title XII
    of the Admiral James W. Nance and Meg Donovan Foreign Relations
    Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
    reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)),
    struck out ``$350,000,000'' and inserted in lieu thereof
    ``$425,000,000''.
    ---------------------------------------------------------------------------
              (2) Effective date.--The limitation contained in
            paragraph (1) shall apply only with respect to fiscal
            years beginning after fiscal year 1996.
        (h) Congressional Presentation Documents.--Documents
    described in subsection (a) justifying the transfer of excess
    defense articles shall include an explanation of the general
    purposes of providing excess defense articles as well as a
    table which provides an aggregate annual total of transfers of
    excess defense articles in the preceding year by country in
    terms of offers and actual deliveries and in terms of
    acquisition cost and current value. Such table shall indicate
    whether such excess defense articles were provided on a grant
    or sale basis.
        (i) Excess Coast Guard Property.--For purposes of this
    section, the term ``excess defense articles'' shall be deemed
    to include excess property of the Coast Guard, and the term
    ``Department of Defense'' shall be deemed, with respect to such
    excess property, to include the Coast Guard.
        Sec. 517.\701\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \701\ Formerly at 22 U.S.C. 2321k. Sec. 104(b)(2)(B) of Public Law
    104-164 (110 Stat. 1427) repealed sec. 517, relating to the
    modernization of counternarcotics capabilities of certain countries.
    The section was originally added by sec. 5 of the International
    Narcotics Control Act of 1989 (Public Law 101-231; 103 Stat. 1957).
    ---------------------------------------------------------------------------

    SEC. 517.\702\ DESIGNATION OF MAJOR NON-NATO ALLIES.

        (a) Notice to Congress.--The President shall notify the
    Congress \703\ in writing at least 30 days before--
    ---------------------------------------------------------------------------
        \702\ 22 U.S.C. 2321k. Added by sec. 147(a)(1) of Public Law 104-
    164 (110 Stat. 1434).
        \703\ On November 12, 1996, the President notified Congress that he
    designated the Hashemite Kingdom of Jordan as a major non-NATO ally of
    the United States for purposes of the Foreign Assistance Act and the
    Arms Export Control Act (Presidential Determination No. 97-4; 61 F.R.
    59809).
        On January 6, 1998, the President notified Congress that he
    designated the Republic of Argentina as a major non-NATO ally of the
    United States for purposes of the Foreign Assistance Act and the Arms
    Export Control Act (Presidential Determination No. 98-9; 63 F.R. 3635).
    ---------------------------------------------------------------------------
              (1) designating a country as a major non-NATO ally
            for purposes of this Act and the Arms Export Control
            Act (22 U.S.C. 2751 et seq.); or
              (2) terminating such a designation.
        (b) Initial Designations.--Australia, Egypt, Israel, Japan,
    the Republic of Korea, and New Zealand shall be deemed to have
    been so designated by the President as of the effective date of
    this section, and the President is not required to notify the
    Congress of such designation of those countries.
        Sec. 518.\704\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \704\ Formerly at 22 U.S.C. 2321l. Sec. 104(b)(2)(B) of Public Law
    104-164 (110 Stat. 1427) repealed sec. 518, relating to natural
    resources and wildlife management. The section was originally added by
    sec. 533(f) of Public Law 101-513 (104 Stat. 2015).
    ---------------------------------------------------------------------------
        Sec. 519.\705\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \705\ Formerly at 22 U.S.C. 2321m. Sec. 104(b)(2)(B) of Public Law
    104-164 (110 Stat. 1427) repealed sec. 519, relating to modernization
    of military capabilities. The section was originally added by sec. 596
    of Public Law 101-513 (104 Stat. 2061).
    ---------------------------------------------------------------------------
        Sec. 520.\706\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \706\ Formerly at 22 U.S.C. 2321n. Sec. 104(b)92)(B) of Public Law
    104-164 (110 Stat. 1427) repealed sec. 520, relating to transfers of
    excess defense articles for international peacekeeping operations. The
    section was originally added by sec. 408 of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108
    Stat. 452).
    ---------------------------------------------------------------------------

                    Chapter 3--Foreign Military Sales \707\

        Sec. 521.\708\ Administration of Sales Programs Involving
    Defense Articles and Services. * * * [Repealed--1968]
    ---------------------------------------------------------------------------
        \707\ The new chapter heading was added by sec. 201(o)(2) of the FA
    Act of 1967.
        \708\ Secs. 521, 522, and 523 were repealed by sec. 45(a) of the
    Foreign Military Sales Act (Public Law 90-629).
    ---------------------------------------------------------------------------
        Sec. 522.\708\ Sales from Stock. * * * [Repealed--1968]
        Sec. 523.\708\ Procurement of Sales. * * * [Repealed--1968]
        Sec. 524.\709\ Reimbursements.--(a) \710\ Whenever funds
    made available for use under this part have been or \711\ are
    used to furnish military assistance on cash or credit terms,
    United States dollar repayments, including dollar proceeds
    derived from the sale of foreign currency repayments to any
    agency or program of the United States Government, receipts
    received from the disposition of evidences of indebtedness and
    charges (including fees and premiums) or interest collected
    \712\ shall be credited to a separate fund account \713\ and,
    shall be available until expended solely for the purposes of
    financing sales and guaranties, including the overhead costs
    thereof,\714\ and, notwithstanding any provision of law
    relating to receipts and credits accruing to the United States
    Government, repayment in foreign currency may be used to carry
    out this part. Such amounts of the appropriations made
    available under this part (including unliquidated balances of
    funds heretofore obligated for financing sales and guarantees)
    as may be determined by the President shall be transferred to,
    and merged with the separate fund account.\715\
    ---------------------------------------------------------------------------
        \709\ 22 U.S.C. 2344. Former sec. 508 was redesignated sec. 524 by
    sec. 201(h)(1) of the FA Act of 1967.
        \710\ Subsection designation ``(a)'' and a new subsec. (b) were
    added by sec. 201(h)(2) of the FA Act of 1967.
        \711\ The words ``have been or'' were added by sec. 201(e)(1) of
    the FA Act of 1965.
        \712\ The words to this point, beginning with ``receipts received
    from'', were added by sec. 201(e)(2) of the FA Act of 1965.
        \713\ Sec. 201(e)(3) of the FA Act of 1965 inserted ``a separate
    fund account'' in lieu of ``the current applicable appropriation''.
        \714\ Sec. 201(e)(1) of the FA Act of 1965 inserted ``financing
    sales and guaranties, including the overhead costs thereof'' in lieu of
    ``furnishing further military assistance on cash or credit terms''.
        \715\ The last sentence was added by sec. 201(c) of the FA Act of
    1966.
    ---------------------------------------------------------------------------
        (b)(1) The special fund account established under
    subsection (a) of this section shall terminate as of the end of
    June 30, 1968, or on such earlier date as may be selected by
    the President.
        (2) Upon the termination of such fund account pursuant to
    paragraph (1), all of the assets of such fund account
    (including loans and other payments receivable) shall be
    transferred to a special account in the Treasury, which special
    account shall be available solely for the purpose of
    discharging outstanding liabilities and obligations of the
    United States arising out of credit sales agreements entered
    into, and guaranties issued, under this part, prior to June 30,
    1968. Any moneys in such special account in excess of the
    aggregate United States dollar amount of such liabilities and
    obligations shall be transferred from time to time to the
    general fund of the Treasury.
        (3) \716\ * * * [Repealed--1968]
    ---------------------------------------------------------------------------
        \716\ Par. (3) of sec. 524, and sec. 525 were repealed by sec.
    45(a) of the Foreign Military Sales Act (Public Law 90-629). The
    subject matter of par. (3), relating to arms sales credits, is now
    covered in sec. 23 of the Arms Export Control Act.
    ---------------------------------------------------------------------------
        Sec. 525.\716\ Guaranties. * * * [Repealed--1968]

                     Chapter 4--Economic Support Fund \717\

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

    --------------------------------------------------------------------------------------------------------------------------------------------------------
                               Note.--Section 202 of the Foreign Assistance Act of 1971 transferred the former chapter 4 of part I
                              governing supporting assistance to its present location as chapter 4 of part II of the Act. Section
                              202(b) of the Foreign Assistance Act of 1971 provides as follows:
                               ``Chapter 4 of part I of the Foreign Assistance Act of 1961 is hereby repealed. References to such
                              chapter or any sections thereof shall hereafter be deemed to be references to chapter 4 of part II of
                              the Foreign Assistance Act of 1961, as added by subsection (a) of this section, or to appropriate
                              sections thereof. All references to part I of the Foreign Assistance Act of 1961 shall hereafter be
                              deemed to be references also to chapter 4 of part II, and all references to part II of such Act shall
                              be deemed not to include chapter 4 of such part II.''
                               In changing the title of chapter 4 from Security Supporting Assistance to Economic Support Fund, sec.
                              10(b)(6) of the International Security Assistance Act of 1978 (92 Stat. 735) stated that, after
                              September 30, 1978,

                             any reference to security supporting assistance shall be deemed to be a reference to assistance
                              provided under chapter 4 of part II of this Act.
    --------------------------------------------------------------------------------------------------------------------------------------------------------

        Sec. 531.\718\ Authority.--(a) The Congress recognizes
    that, under special economic, political, or security
    conditions, the national interests of the United States may
    require economic support for countries in amounts which could
    not be justified solely under chapter 1 of part I or, in the
    case of countries in sub-Saharan Africa, chapter 10 of part
    I.\719\ In such cases, the President is authorized to furnish
    assistance to countries and organizations, on such terms and
    conditions as he may determine, in order to promote economic or
    political stability. To the maximum extent feasible, the
    President shall provide assistance under this chapter
    consistent with the policy directions, purposes, and programs
    of part I of this Act.
    ---------------------------------------------------------------------------
        \717\ Chapter 4, as added by the FA Act of 1971, was titled
    ``Security Supporting Assistance,'' was retitled ``Economic Support
    Fund'' and comprehensively amended and restated by sec. 10(a) of the
    International Security Assistance Act of 1978 (Public Law 95-384; 92
    Stat. 733). Sec. 10(b)(6) of the same Act stated that, after September
    30, 1978, any reference in any act to security supporting assistance
    shall be considered to be a reference to this chapter.
        Sec. 201 of the International Security and Development Cooperation
    Act of 1985 (Public Law 99-83; 99 Stat. 210), replaced secs. 531 and
    532, amended and redesignated secs. 535 as 533, and repealed all other
    sections regarding earmarking of funds for specific regions or
    purposes. See Public Law 99-83 (99 Stat. 210), relating to ESF for the
    Middle East, Cyprus, Portugal, agricultural commodities under commodity
    import programs, tied aid credit program, and restriction on use of
    funds for nuclear facilities.
        See also secs. 644-647 of the Export-Import Bank Act Amendments of
    1983 (title VI of Public Law 98-166) which established a tied aid
    credit program in the U.S. Export-Import Bank in order to promote U.S.
    exports. This program is carried out in cooperation with AID and
    permits the AID Administrator to draw on ESF allocated for Commodity
    Import Programs to finance a tied aid credit activity. See Legislation
    on Foreign Relations Through 2000, vol. III.
        See also sec. 206 of the International Security and Development
    Cooperation Act of 1985, which authorized not less than $50 million in
    fiscal year 1986 and not less than $100 million in fiscal year 1987 out
    of the commodity import program portion of the Economic Support Fund
    for use in a tied aid credit program.
         \718\ 22 U.S.C. 2346.
        \719\ Sec. 562 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2026), added a new chapter 10 to part I of this Act, providing
    for long-term development in sub-Saharan Africa, and made a conforming
    amendment by inserting ``or, in the case of countries in sub-Saharan
    Africa, chapter 10 of part I'' here.
    ---------------------------------------------------------------------------
        (b) The Secretary of State shall be responsible for policy
    decisions and justifications for economic support programs
    under this chapter, including determinations of whether there
    will be an economic support program for a country and the
    amount of the program for each country. The Secretary shall
    exercise this responsibility in cooperation with the
    Administrator of the agency primarily responsible for
    administering part I of this Act.\720\
    ---------------------------------------------------------------------------
        \720\ This responsibility, as it related to the Administrator, was
    transferred to the Director of IDCA, pursuant to sec. 6 of
    Reorganization Plan No. 2 of 1979 (establishing IDCA). The
    Reorganization Plan No. 2 of 1979 ceased to be effective with enactment
    of the Foreign Affairs Reform and Restructuring Act of 1998, pursuant
    to sec. 1422(a)(1) (division G of Public Law 105-277; 112 Stat. 2681).
    ---------------------------------------------------------------------------
        (c) As part of the annual presentation materials for
    foreign assistance submitted to the Congress, the agency
    primarily responsible for administering this part shall provide
    a detailed justification for the uses and the purposes of the
    funds provided under this chapter. Such material shall include,
    but not be limited to, information concerning the amounts and
    kinds of cash grant transfers, the amounts and kinds of
    budgetary and balance-of-payments support provided, and the
    amounts and kinds of project assistance provided with funds
    made available under this chapter.
        (d) \721\ * * * [Repealed--1998]
    ---------------------------------------------------------------------------
        \721\ Sec. 533(a)(5) of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1999 (division A, sec. 101(d)
    of Public Law 105-277; 112 Stat. 2681), repealed subsec. (d) and sec.
    609 of this Act. Subsec. (d) had read as follows:
        ``To the maximum extent feasible, funds made available pursuant to
    this chapter for commodity import programs or other program assistance
    shall be used to generate local currencies, not less than 50 percent of
    which shall be available to support activities consistent with the
    objectives of sections 103 through 106 of this Act, and administered by
    the agency primarily responsible for administering part I of this
    Act.''.
        Sec. 532 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October
    24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429;
    114 Stat. 1900A-32), provided the following:
    ---------------------------------------------------------------------------

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

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

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

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

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

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

              ``(B) for the administrative requirements of the United
            States Government.
    ---------------------------------------------------------------------------
        ``(3) Programming Accountability.--The Agency for International
    Development shall take all necessary steps to ensure that the
    equivalent of the local currencies disbursed pursuant to subsection
    (a)(2)(A) from the separate account established pursuant to subsection
    (a)(1) are used for the purposes agreed upon pursuant to subsection
    (a)(2).
        ``(4) Termination of Assistance Programs.--Upon termination of
    assistance to a country under chapter 1 or 10 of part I or chapter 4 of
    part II (as the case may be), any unencumbered balances of funds which
    remain in a separate account established pursuant to subsection (a)
    shall be disposed of for such purposes as may be agreed to by the
    government of that country and the United States Government.
        ``(5) Reporting Requirement.--The Administrator of the Agency for
    International Development shall report on an annual basis as part of
    the justification documents submitted to the Committees on
    Appropriations on the use of local currencies for the administrative
    requirements of the United States Government as authorized in
    subsection (a)(2)(B), and such report shall include the amount of local
    currency (and United States dollar equivalent) used and/or to be used
    for such purpose in each applicable country.
        ``(b) Separate Accounts for Cash Transfers.--(1) If assistance is
    made available to the government of a foreign country, under chapter 1
    or 10 of part I or chapter 4 of part II of the Foreign Assistance Act
    of 1961, as cash transfer assistance or as nonproject sector
    assistance, that country shall be required to maintain such funds in a
    separate account and not commingle them with any other funds.
        ``(2) Applicability of Other Provisions of Law.--Such funds may be
    obligated and expended notwithstanding provisions of law which are
    inconsistent with the nature of this assistance including provisions
    which are referenced in the Joint Explanatory Statement of the
    Committee of Conference accompanying House Joint Resolution 648 (House
    Report No. 98-1159).
        ``(3) Notification.--At least 15 days prior to obligating any such
    cash transfer or nonproject sector assistance, the President shall
    submit a notification through the regular notification procedures of
    the Committees on Appropriations, which shall include a detailed
    description of how the funds proposed to be made available will be
    used, with a discussion of the United States interests that will be
    served by the assistance (including, as appropriate, a description of
    the economic policy reforms that will be promoted by such assistance).
        ``(4) Exemption.--Nonproject sector assistance funds may be exempt
    from the requirements of subsection (b)(1) only through the
    notification procedures of the Committees on Appropriations.''.
    ---------------------------------------------------------------------------
        (e) Amounts appropriated to carry out this chapter shall be
    available for economic programs and may not be used for
    military or paramilitary purposes.
        Sec. 532.\722\, \723\ Authorizations of
    Appropriations.--(a) There are authorized to be appropriated to
    the President to carry out the purposes of this chapter--
    ---------------------------------------------------------------------------
        \722\ 22 U.S.C. 2346a.
        \723\ Title V, subtitle B of the Security Assistance Act of 2000
    (Public Law 106-280; 114 Stat. 855) provided the following
    authorization for assistance:
    ---------------------------------------------------------------------------

                ``Subtitle B--Allocations for Certain Countries
    ---------------------------------------------------------------------------
        ``SEC. 511. SECURITY ASSISTANCE FOR NEW NATO MEMBERS.
        ``(a) Foreign Military Financing.--Of the amounts made available
    for the fiscal years 2001 and 2002 under section 23 of the Arms Export
    Control Act (22 U.S.C. 2763), $30,300,000 for fiscal year 2001 and
    $35,000,000 for fiscal year 2002 are authorized to be available on a
    grant basis for all of the following countries: the Czech Republic,
    Hungary, and Poland.
        ``(b) Military Education and Training.--Of the amounts made
    available for the fiscal years 2001 and 2002 to carry out chapter 5 of
    part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.),
    $5,100,000 for fiscal year 2001 and $7,000,000 for fiscal year 2002 are
    authorized to be available for all of the following countries: the
    Czech Republic, Hungary, and Poland.
        ``(c) Select Priorities.--In providing assistance under this
    section, the President shall give priority to supporting activities
    that are consistent with the objectives set forth in the following
    conditions of the Senate resolution of ratification for the Protocols
    to the North Atlantic Treaty of 1949 on the Accession of Poland,
    Hungary, and the Czech Republic:
    ---------------------------------------------------------------------------

              ``(1) Condition (1)(A)(v), (vi), and (vii), relating to
            common threats, the core mission of NATO, and the capacity to
            respond to common threats.
              ``(2) Condition (1)(B), relating to the fundamental
            importance of collective defense.
              ``(3) Condition (1)(C), relating to defense planning, command
            structures, and force goals.
              ``(4) Conditions (4)(B)(i) and (4)(B)(ii), relating to
            intelligence matters.
    ---------------------------------------------------------------------------
        ``sec. 512. increased training assistance for greece and turkey.
        ``(a) In General.--Of the amounts made available for the fiscal
    years 2001 and 2002 to carry out chapter 5 of part II of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2347 et seq.)--
    ---------------------------------------------------------------------------

              ``(1) $1,000,000 for fiscal year 2001 and $1,000,000 for
            fiscal year 2002 are authorized to be available for Greece; and
              ``(2) $2,500,000 for fiscal year 2001 and $2,500,000 for
            fiscal year 2002 are authorized to be available for Turkey.
    ---------------------------------------------------------------------------
        ``(b) Use for Professional Military Education.--Of the amounts
    available under paragraphs (1) and (2) of subsection (a) for fiscal
    year 2002, $500,000 of each such amount should be available for
    purposes of professional military education.
        ``(c) Use for Joint Training.--It is the sense of the Congress
    that, to the maximum extent practicable, amounts available under
    subsection (a) that are used in accordance with subsection (b) should
    be used for joint training of Greek and Turkish officers.
        ``SEC. 513. ASSISTANCE FOR ISRAEL.
        ``(a) Definitions.--In this section:
    ---------------------------------------------------------------------------

              ``(1) ESF assistance.--The term `ESF assistance' means
            assistance 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.
              ``(2) Foreign military financing program.--The term `Foreign
            Military Financing Program' means the program authorized by
            section 23 of the Arms Export Control Act (22 U.S.C. 2763).
    ---------------------------------------------------------------------------
        ``(b) ESF Assistance.--
    ---------------------------------------------------------------------------

              ``(1) In general.--Of the amounts made available for each of
            the fiscal years 2001 and 2002 for ESF assistance, the amount
            specified in paragraph (2) for each such fiscal year is
            authorized to be made available for Israel.
              ``(2) Computation of amount.--Subject to subsection (d), the
            amount referred to in paragraph (1) is equal to--

                      ``(A) the amount made available for ESF assistance
                    for Israel for the preceding fiscal year, minus
                      ``(B) $120,000,000.
    ---------------------------------------------------------------------------
        ``(c) FMF Programn.--
    ---------------------------------------------------------------------------

              ``(1) In general.--Of the amount made available for each of
            the fiscal years 2001 and 2002 for assistance under the Foreign
            Military Financing Program, the amount specified in paragraph
            (2) for each such fiscal year is authorized to be made
            available on a grant basis for Israel.
              ``(2) Computation of amount.--Subject to subsection (d), the
            amount referred to in paragraph (1) is equal to--

                      ``(A) the amount made available for assistance under
                    the Foreign Military Financing Program for Israel for
                    the preceding fiscal year, plus
                      ``(B) $60,000,000.

              ``(3) Disbursement of funds.--Funds authorized to be
            available for Israel under subsection (b)(1) and paragraph (1)
            of this subsection for fiscal year 2001 shall be disbursed not
            later than 30 days after the date of the enactment of an Act
            making appropriations for foreign operations, export financing,
            and related programs for fiscal year 2001, or October 31, 2000,
            whichever date is later.
              ``(4) Availability of funds for advanced weapons systems.--To
            the extent the Government of Israel requests that funds be used
            for such purposes, grants made available for Israel out of
            funds authorized to be available under paragraph (1) for Israel
            for fiscal year 2001 shall, as agreed by Israel and the United
            States, be available for advanced weapons systems, of which not
            less than $520,000,000 shall be available for the procurement
            in Israel of defense articles and defense services, including
            research and development.
    ---------------------------------------------------------------------------
        ``(d) Exclusion of Rescissions and Supplemental Appropriations.--
    For purposes of this section, the computation of amounts made available
    for a fiscal year shall not take into account any amount rescinded by
    an Act or any amount appropriated by an Act making supplemental
    appropriations for a fiscal year.
        ``SEC. 514. ASSISTANCE FOR EGYPT.
        ``(a) Definitions.--In this section:
    ---------------------------------------------------------------------------

              ``(1) ESF assistance.--The term `ESF assistance' means
            assistance 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.
              ``(2) Foreign military financing program.--The term `Foreign
            Military Financing Program' means the program authorized by
            section 23 of the Arms Export Control Act (22 U.S.C. 2763).
    ---------------------------------------------------------------------------
        ``(b) ESF Assistance.--
    ---------------------------------------------------------------------------

              ``(1) In general.--Of the amounts made available for each of
            the fiscal years 2001 and 2002 for ESF assistance, the amount
            specified in paragraph (2) for each such fiscal year is
            authorized to be made available for Egypt.
              ``(2) Computation of amount.--Subject to subsection (d), the
            amount referred to in paragraph (1) is equal to--

                      ``(A) the amount made available for ESF assistance
                    for Egypt during the preceding fiscal year, minus
                      ``(B) $40,000,000.
    ---------------------------------------------------------------------------
        ``(c) FMF Program.--Of the amount made available for each of the
    fiscal years 2001 and 2002 for assistance under the Foreign Military
    Financing Program, $1,300,000,000 is authorized to be made available on
    a grant basis for Egypt.
        ``(d) Exclusion of Rescissions and Supplemental Appropriations.--
    For purposes of this section, the computation of amounts made available
    for a fiscal year shall not take into account any amount rescinded by
    an Act or any amount appropriated by an Act making supplemental
    appropriations for a fiscal year.
        ``(e) Disbursement of Funds.--Funds estimated to be outlayed for
    Egypt under subsection (c) during fiscal year 2001 shall be disbursed
    to an interest-bearing account for Egypt in the Federal Reserve Bank of
    New York within 30 days of the date of the enactment of this Act, or by
    October 31, 2000, whichever is later, provided that--
    ---------------------------------------------------------------------------

              ``(1) withdrawal of funds from such account shall be made
            only on authenticated instructions from the Defense Finance and
            Accounting Service of the Department of Defense;
              ``(2) in the event such account is closed, the balance of the
            account shall be transferred promptly to the appropriations
            account for the Foreign Military Financing Program; and
              ``(3) none of the interest accrued by such account should be
            obligated unless the Committee on Appropriations and the
            Committee on Foreign Relations of the Senate and the Committee
            on Appropriations and the Committee on International Relations
            of the House of Representatives are notified.
    ---------------------------------------------------------------------------
        ``sec. 515. security assistance for certain countries.
        ``(a) Foreign Military Financing.--Of the amounts made available
    for the fiscal years 2001 and 2002 under section 23 of the Arms Export
    Control Act (22 U.S.C. 2763)--
    ---------------------------------------------------------------------------

              ``(1) $18,200,000 for fiscal year 2001 and $20,500,000 for
            fiscal year 2002 are authorized to be available on a grant
            basis for all of the following countries: Estonia, Latvia, and
            Lithuania;
              ``(2) $2,000,000 for fiscal year 2001 and $5,000,000 for
            fiscal year 2002 are authorized to be available on a grant
            basis for the Philippines;
              ``(3) $4,500,000 for fiscal year 2001 and $5,000,000 for
            fiscal year 2002 are authorized to be available on a grant
            basis for Georgia;
              ``(4) $3,000,000 for fiscal year 2001 and $3,500,000 for
            fiscal year 2002 are authorized to be available on a grant
            basis for Malta;
              ``(5) $3,500,000 for fiscal year 2001 and $4,000,000 for
            fiscal year 2002 are authorized to be available on a grant
            basis for Slovenia;
              ``(6) $8,400,000 for fiscal year 2001 and $8,500,000 for
            fiscal year 2002 are authorized to be available on a grant
            basis for Slovakia;
              ``(7) $11,000,000 for fiscal year 2001 and $11,100,000 for
            fiscal year 2002 are authorized to be available on a grant
            basis for Romania;
              ``(8) $8,500,000 for fiscal year 2001 and $8,600,000 for
            fiscal year 2002 are authorized to be available on a grant
            basis for Bulgaria; and
              ``(9) $100,000,000 for fiscal year 2001 and $105,000,000 for
            fiscal year 2002 are authorized to be available on a grant
            basis for Jordan.
    ---------------------------------------------------------------------------
        ``(b) IMET.--Of the amounts made available for the fiscal years
    2001 and 2002 to carry out chapter 5 of part II of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2347 et seq.)--
    ---------------------------------------------------------------------------

              ``(1) $2,300,000 for fiscal year 2001 and $4,000,000 for
            fiscal year 2002 are authorized to be available for all of the
            following countries: Estonia, Latvia, and Lithuania;
              ``(2) $1,400,000 for fiscal year 2001 and $1,500,000 for
            fiscal year 2002 are authorized to be available for the
            Philippines;
              ``(3) $475,000 for fiscal year 2001 and $1,000,000 for fiscal
            year 2002 are authorized to be available for Georgia;
              ``(4) $200,000 for fiscal year 2001 and $1,000,000 for fiscal
            year 2002 are authorized to be available for Malta;
              ``(5) $700,000 for fiscal year 2001 and $1,000,000 for fiscal
            year 2002 are authorized to be available for Slovenia;
              ``(6) $700,000 for fiscal year 2001 and $1,000,000 for fiscal
            year 2002 are authorized to be available for Slovakia;
              ``(7) $1,300,000 for fiscal year 2001 and $1,500,000 for
            fiscal year 2002 are authorized to be available for Romania;
            and
              ``(8) $1,100,000 for fiscal year 2001 and $1,200,000 for
            fiscal year 2002 are authorized to be available for
            Bulgaria.''.
              (1) $2,015,000,000 for the fiscal year 1986 and
            $2,015,000,000 for the fiscal year 1987 for the
            following countries signing the Camp David agreement:
            Israel and Egypt; and \724\
    ---------------------------------------------------------------------------
        \724\ The authorization under this chapter during recent years
    included the following: fiscal year 1979--$1,902,000,000; fiscal year
    1980--$1,935,000,000 (plus an $80,000,000 supplemental authorization
    for Central American Assistance); fiscal year 1981--$2,065,300,000;
    fiscal year 1982--$2,623,500,000; fiscal year 1983--$2,723,500,000;
    fiscal year 1984--$3,074,000,000; fiscal year 1985--no authorization;
    fiscal years 1988 through 2001--no authorization.
        Title II of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October
    24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429;
    114 Stat. 1900A-10), provided the following:
    ---------------------------------------------------------------------------

                            ``ECONOMIC SUPPORT FUND
    ---------------------------------------------------------------------------
        ``For necessary expenses to carry out the provisions of chapter 4
    of part II, $2,295,000,000, to remain available until September 30,
    2002: Provided, That of the funds appropriated under this heading, not
    less than $840,000,000 shall be available only for Israel, which sum
    shall be available on a grant basis as a cash transfer and shall be
    disbursed within 30 days of the enactment of this Act or by October 31,
    2000, whichever is later: Provided further, That not less than
    $695,000,000 shall be available only for Egypt, which sum shall be
    provided on a grant basis, and of which sum cash transfer assistance
    shall be provided with the understanding that Egypt will undertake
    significant economic reforms which are additional to those which were
    undertaken in previous fiscal years, and of which not less than
    $200,000,000 shall be provided as Commodity Import Program assistance:
    Provided further, That in exercising the authority to provide cash
    transfer assistance for Israel, the President shall ensure that the
    level of such assistance does not cause an adverse impact on the total
    level of nonmilitary exports from the United States to such country and
    that Israel enters into a side letter agreement in an amount
    proportional to the fiscal year 1999 agreement: Provided further, That
    of the funds appropriated under this heading, not less than
    $150,000,000 should be made available for assistance for Jordan:
    Provided further, That of the funds appropriated under this heading,
    not less than $25,000,000 shall be made available for assistance for
    East Timor of which up to $1,000,000 may be transferred to and merged
    with the appropriation for Operating Expenses of the Agency for
    International Development: Provided further, That of the funds
    appropriated under this heading, in addition to funds otherwise made
    available for Indonesia, not less than $5,000,000 should be made
    available for economic rehabilitation and related activities in Aceh,
    Indonesia: Provided further, That funds made available in the previous
    proviso may be transferred to and merged with the appropriation for
    Transition Initiatives: Provided further, That none of the funds
    appropriated under this heading shall be obligated for regional or
    global programs, except as provided through the regular notification
    procedures of the Committees on Appropriations: Provided further, That
    of the funds made available under this heading not less than
    $12,000,000 should be made available for Mongolia: Provided further,
    That up to $10,000,000 of the funds appropriated under this heading may
    be used, notwithstanding any other provision of law, to provide
    assistance to the National Democratic Alliance of Sudan to strengthen
    its ability to protect civilians from attacks, slave raids, and aerial
    bombardment by the Sudanese Government forces and its militia allies,
    and the provision of such funds shall be subject to the regular
    notification procedures of the Committees on Appropriations: Provided
    further, That in the previous proviso, the term `assistance' includes
    non-lethal, non-food aid such as blankets, medicine, fuel, mobile
    clinics, water drilling equipment, communications equipment to notify
    civilians of aerial bombardment, non-military vehicles, tents, and
    shoes.''.
        See also title II in that Act, paragraphs relating to Cyprus,
    Lebanon, Burma, the preservation of habitats and related activities for
    endangered wildlife, Eastern Europe and the Baltic states, and title V
    in that Act, including: sec. 515--Notification Requirements; sec. 521--
    Definition of Program, Project, and Activity; sec. 526--Democracy in
    China; sec. 540--Administration of Justice; sec. 555--Probition of
    Payment of Certain Expenses; sec. 568--Assistance for the Middle East;
    sec. 575--Iraq; and sec. 578--West Bank and Gaza Program.
        Sec. 502 of the Emergency Supplemental Act 2000 (division B of
    Public Law 106-246; 114 Stat. 539) provided the following:
        ``Sec. 502. For an additional amount for `Assistance for Eastern
    Europe and the Baltic States', $50,000,000, to remain available until
    September 30, 2001: Provided, That this amount shall only be available
    for assistance for Montenegro and Croatia, and not to exceed
    $12,400,000 for assistance for Kosova: Provided further, That the
    amount specified in the previous proviso for assistance for Kosova may
    be made available only for police activities: Provided further, That
    funds made available in the preceding provisos shall be available
    subject to the regular notification procedures of the Committees on
    Appropriations: Provided further, That the entire amount is designated
    by the Congress as an emergency requirement pursuant to section
    251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
    of 1985, as amended.''.
    ---------------------------------------------------------------------------
              (2) $1,785,000,000 for the fiscal year 1986 and
            $1,785,000,000 for the fiscal year 1987 for assistance
            under this chapter for recipients or purposes other
            than the countries referred to in paragraph (1).\724\
        (b) Amounts appropriated to carry out this chapter are
    authorized to remain available until expended.
        Sec. 533.\725\ Emergency Assistance.--(a) Of the funds
    appropriated to carry out this chapter up to $75,000,000 for
    the fiscal year 1986 and up to $75,000,000 for the fiscal year
    1987 may be made available for emergency use under this chapter
    when the national interests of the United States urgently
    require economic support to promote economic or political
    stability.
    ---------------------------------------------------------------------------
        \725\ 22 U.S.C. 2346b. Sec. 202 of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1529)
    added sec. 535. Sec. 201(b) of the International Security and
    Development Cooperation Act of 1985 replaced the years ``1982'' and
    ``1983'' with ``1986'' and ``1987''.
    ---------------------------------------------------------------------------
        (b) Notwithstanding any provision of this chapter or of an
    appropriations act (including a joint resolution making
    continuing appropriations) which earmarks funds available to
    carry out this chapter for a specific country or purpose, up to
    5 percent of each amount so earmarked may be used to carry out
    this section.
        Sec. 534.\726\, \727\ Administration of
    Justice.--(a) The President may furnish assistance under this
    chapter to countries and organizations, including national and
    regional institutions, in order to strengthen the
    administration of justice in countries in Latin America and the
    Caribbean.
    ---------------------------------------------------------------------------
        \726\ 22 U.S.C. 2346c. Sec. 534 was added by sec. 712 of the
    International Security and Development Cooperation Act of 1985 (Public
    Law 99-83; 99 Stat. 244).
        \727\ Sec. 540 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on
    October 24, 2000, enacted by reference in sec. 101(a) of Public Law
    106-429; 114 Stat. 1900A-37), provided the following:
    ---------------------------------------------------------------------------

                     ``ADMINISTRATION OF JUSTICE ACTIVITIES
    ---------------------------------------------------------------------------
        ``Sec. 540. Of the funds appropriated or otherwise made available
    by this Act for `Economic Support Fund', assistance may be provided to
    strengthen the administration of justice in countries in Latin America
    and the Caribbean and in other regions consistent with the provisions
    of section 534(b) of the Foreign Assistance Act of 1961, except that
    programs to enhance protection of participants in judicial cases may be
    conducted notwithstanding section 660 of that Act. Funds made available
    pursuant to this section may be made available notwithstanding section
    534(c) and the second and third sentences of section 534(e) of the
    Foreign Assistance Act of 1961.''.
    ---------------------------------------------------------------------------
        (b) Assistance under this section may only include--
              (1) support for specialized professional training,
            scholarships, and exchanges for continuing legal
            education;
              (2) programs to enhance prosecutorial and judicial
            capabilities and protection for participants in
            judicial cases;
              (3) \728\ notwithstanding section 660 of this Act--
    ---------------------------------------------------------------------------
        \728\ Par. (3) was amended by sec. 579 of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1988
    (Continuing Appropriations for 1988; Public Law 100-202; 101 Stat.
    1329-181). It previously read as follows: ``(3) notwithstanding section
    660 of this Act, programs to enhance investigative capabilities,
    conducted under judicial or prosecutorial control''.
        Functions conferred upon the President in subpars. (A), (B), and
    (C) were delegated to the Assistant Administrator for Latin America and
    the Caribbean of the Agency for International Development in Department
    of State Delegation No. 189 of April 4, 1991 (56 F.R. 15127; April 15,
    1991). The same delegation of authority further provided that
    activities covered by the subparagraphs ``* * * shall be implemented in
    coordination with the International Criminal Investigative Training
    Assistance Program of the U.S. Department of Justice. Funds made
    available in any fiscal year for such assistance shall not exceed
    $500,000.''. Department of State Delegation of Authority No. 145-17 of
    June 13, 2000 (65 F.R. 41745) amended the 1991 delegation of authority,
    stating this delegation anew but omitting the earlier sentence that
    limited funds.
    ---------------------------------------------------------------------------
                      (A) programs to enhance professional
                    capabilities to carry out investigative and
                    forensic functions conducted under judicial or
                    prosecutorial control;
                      (B) programs to assist in the development of
                    academic instruction and curricula for training
                    law enforcement personnel;
                      (C) programs to improve the administrative
                    and management capabilities of law enforcement
                    agencies, especially their capabilities
                    relating to career development, personnel
                    evaluation, and internal discipline procedures;
                    and
                      (D) programs, conducted through multilateral
                    or regional institutions, to improve penal
                    institutions and the rehabilitation of
                    offenders;
              (4) strengthening professional organizations in order
            to promote services to members and the role of the bar
            in judicial selection, enforcement of ethical
            standards, and legal reform;
              (5) increasing the availability of legal materials
            and publications;
              (6) seminars, conferences, and training and
            educational programs to improve the administration of
            justice and to strengthen respect for the rule of law
            and internationally recognized human rights; and
              (7) revision and modernization of legal codes and
            procedures.
        (c) \727\ Not more than $20,000,000 of the funds made
    available to carry out this chapter for any fiscal year shall
    be available to carry out this section, in addition to amounts
    otherwise available for such purposes.
        (d) Funds may not be obligated for assistance under this
    section unless the Committee on Foreign Affairs \729\ of the
    House of Representatives and the Committee on Foreign Relations
    of the Senate are notified of the amount and nature of the
    proposed assistance at least 15 days in advance in accordance
    with the procedures applicable to reprogrammings pursuant to
    section 634A of this Act.
    ---------------------------------------------------------------------------
        \729\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
        (e) \727\, \730\ Personnel of the Department of
    Defense and members of the United States Armed Forces may not
    participate in the provision of training under this section. Of
    the funds made available to carry out this section, not more
    than $10,000,000 may be made available in fiscal year 1991
    \731\ to carry out the provisions of subsection (b)(3) of this
    section. The authority of this section shall expire on
    September 30, 1991.
    ---------------------------------------------------------------------------
        \730\ Subsec. (e) was substantively amended by sec. 579 of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1988 (Continuing Appropriations for 1988; Public
    Law 100-202; 101 Stat. 1329-181). Previously, it had an expiration date
    of September 30, 1987. The authority of this section was further
    extended from September 30, 1989, by the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1990 (Public Law
    101-167; 103 Stat. 1206); and from September 30, 1990, by the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1991 (Public Law 101-513; 104 Stat. 1990). For fiscal year 1992, Public
    Law 102-145, as amended, waived the last sentence with certain
    provisos.
        \731\ Title II of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 1990), struck out ``fiscal year 1990'' at this point and inserted
    ``fiscal year 1991''. Previously, title II of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1990 (Public
    Law 101-167; 103 Stat. 1206), struck out ``each of fiscal years 1988
    and 1989'' at this point and inserted ``fiscal year 1990''. Public Law
    101-513 also amended the third sentence to extend the authority of this
    section to 1991.
        Sec. 2(b)(6) of the International Narcotics Control Act of 1990
    (Public Law 101-623; 104 Stat. 3351), raised authorization from
    $7,000,000 to $10,000,000, and extended authorization to 1991, which
    was already extended by Public Law 101-513.
    ---------------------------------------------------------------------------
        Sec. 535.\732\ Economic Support for Disadvantaged South
    Africans. * * * [Repealed--1993]
    ---------------------------------------------------------------------------
        \732\ Formerly at 22 U.S.C. 2346d. Sec. 535 was repealed by sec.
    4(a)(3)(B) of the South African Democratic Transition Support Act of
    1993 (Public Law 103-149; 107 Stat. 1505). It originally was added by
    sec. 511 of Public Law 99-440 (100 Stat. 411). Sec. 535 provided up to
    $40,000,000 in each fiscal year for or assistance for activities
    supporting disadvantaged South Africans, including scholarships,
    participation in trade unions, private enterprise, and alternative
    education and community development programs.
    ---------------------------------------------------------------------------

         Chapter 5--International Military Education and Training \733\

        Sec. 541.\734\ General Authority.--The President is
    authorized to furnish, on such terms and conditions consistent
    with this Act as the President may determine (but whenever
    feasible on a reimbursable basis), military education and
    training to military and related civilian personnel of foreign
    countries. Such civilian personnel shall include foreign
    governmental personnel of ministries other than ministries of
    defense, and may also include legislators \735\ and individuals
    who are not members of the government,\736\ if the military
    education and training would (i) contribute to responsible
    defense resource management, (ii) foster greater respect for
    and understanding of the principle of civilian control of the
    military, (iii) contribute to cooperation between military and
    law enforcement personnel with respect to counternarcotics law
    enforcement efforts, or (iv) \737\ improve military justice
    systems and procedures in accordance with internationally
    recognized human rights.\738\ Such training and education may
    be provided through--
    ---------------------------------------------------------------------------
        \733\ Ch. 5 was added by sec. 106(a) of the International Security
    Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90
    Stat. 732).
        \734\ 22 U.S.C. 2347.
        \735\ Sec. 10(1) of the International Narcotics Control Act of 1992
    (Public Law 102-583; 106 Stat. 4934) inserted ``, and may also include
    legislators,'' after ``ministries of defense''.
        \736\ Sec. 112(a) of Public Law 104-164 (110 Stat. 1427) added
    ``and individuals who are not members of the government'' after
    ``legislators''.
        \737\ Sec. 10(2) of the International Narcotics Control Act of 1992
    (Public Law 102-583; 106 Stat. 4934) redesignated clause (iii) as (iv)
    and inserted clause (iii).
        \738\ Title II of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 1997), added this sentence.
        Sec. 111 of Public Law 104-164 (110 Stat. 1427) provided the
    following:
        ``SEC. 111. ASSISTANCE FOR INDONESIA.
        ``Funds made available for fiscal years 1996 and 1997 to carry out
    chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
    2347 et seq.) may be obligated for Indonesia only for expanded military
    and education training that meets the requirements of clauses (i)
    through (iv) of the second sentence of section 541 of such Act (22
    U.S.C. 2347).''.
    ---------------------------------------------------------------------------
              (1) attendance at military educational and training
            facilities in the United States (other than Service
            academies) and abroad;
              (2) attendance in special courses of instruction at
            schools and institutions of learning or research in the
            United States and abroad; and
              (3) observation and orientation visits to military
            facilities and related activities in the United States
            and abroad.
        Sec. 542.\739\ Authorization.--There are authorized to be
    appropriated to the President to carry out the purposes of this
    chapter $56,221,000 for the fiscal year 1986 and $56,221,000
    for the fiscal year 1987.\740\, \741\
    ---------------------------------------------------------------------------
        \739\ 22 U.S.C. 2347a.
        \740\ The authorization figures for fiscal year 1986 and 1987 were
    added by sec. 104 of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 195).
    Authorizations under sec. 542 during recent years included the
    following: fiscal year 1976--$27,000,000; fiscal year 1977--
    $30,200,000; fiscal year 1978--$31,000,000; fiscal year 1979--
    $31,800,000; fiscal year 1980--$31,800,000; fiscal year 1981--
    $34,000,000; fiscal year 1982--$42,000,000; fiscal year 1983--
    $42,000,000; fiscal year 1984--$56,452,000; fiscal year 1985--no
    authorization; fiscal years 1988 through 2000--no authorization; fiscal
    year 2001 (in Public Law 106-280)--$55,000,000; fiscal year 2002 (in
    Public Law 106-280)--$65,000,000.
        Authorization for fiscal years 2001 and 2002 was enacted in sec.
    201 of the Security Assistance Act of 2000 (Public Law 106-280; 114
    Stat. 851), which provided the following:
        ``SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
        ``There are authorized to be appropriated to the President
    $55,000,000 for fiscal year 2001 and $65,000,000 for fiscal years 2002
    to carry out chapter 5 of part II of the Foreign Assistance Act of 1961
    (22 U.S.C. 2347 et seq.).''.
        Title III of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October
    24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429;
    114 Stat. 1900A-18), provided the following:
    ---------------------------------------------------------------------------

                ``INTERNATIONAL MILITARY EDUCATION AND TRAINING
    ---------------------------------------------------------------------------
        ``For necessary expenses to carry out the provisions of section 541
    of the Foreign Assistance Act of 1961, $55,000,000, of which up to
    $1,000,000 may remain available until expended: Provided, That the
    civilian personnel for whom military education and training may be
    provided under this heading may include civilians who are not members
    of a government whose participation would contribute to improved civil-
    military relations, civilian control of the military, or respect for
    human rights: Provided further, That funds appropriated under this
    heading for grant financed military education and training for
    Indonesia and Guatemala may only be available for expanded
    international military education and training and funds made available
    for Indonesia and Guatemala may only be provided through the regular
    notification procedures of the Committees on Appropriations.''.
        Title VI of that Act, emergency supplemental appropriations,
    provided the following:
    ---------------------------------------------------------------------------

                             ``MILITARY ASSISTANCE

                     ``Funds Appropriated to the President

                ``International Military Education and Training
    ---------------------------------------------------------------------------
        ``For an additional amount for `International Military Education
    and Training', $2,875,000, to remain available until September 30,
    2002, for grants to countries of the Balkans and southeast Europe:
    Provided, That funds appropriated in this paragraph shall be made
    available notwithstanding section 10 of Public Law 91-672 and section
    15 of the State Department Basic Authorities Act of 1956: Provided
    further, That the entire amount is designated by the Congress as an
    emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended: Provided
    further, That the amount provided shall be available only to the extent
    that an official budget request that includes designation of the entire
    amount as an emergency requirement pursuant to section 251(b)(2)(A) of
    the Balanced Budget and Emergency Deficit Control Act of 1985, as
    amended, is transmitted by the President to the Congress.''.
        See also in that Act: sec. 505--Limitation on Representational
    Allowances; 515--Notification Requirements; sec. 525--Authorization
    Requirement; sec. 555--Prohibition of Payment of Certain Expenses; sec.
    568--Assistance for the Middle East; and sec. 579--Indonesia.
        \741\ Sec. 734(a)(1) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out
    the second sentence of sec. 542. This sentence had prohibited training
    under this section outside the United States after June 30, 1976,
    unless the President reported and justified such training to the
    Congress.
    ---------------------------------------------------------------------------
        Sec. 543.\742\ Purposes.--Education and training activities
    conducted under this chapter shall be designed--
    ---------------------------------------------------------------------------
        \742\ 22 U.S.C. 2347b.
    ---------------------------------------------------------------------------
              (1) to encourage effective and mutually beneficial
            relations and increased understanding between the
            United States and foreign countries in furtherance of
            the goals of international peace and security;
              (2) to improve the ability of participating foreign
            countries to utilize their resources, including defense
            articles and defense services obtained by them from the
            United States, with maximum effectiveness, thereby
            contributing to greater self-reliance by such
            countries; and
              (3) \743\ to increase the awareness of nationals of
            foreign countries participating in such activities of
            basic issues involving internationally recognized human
            rights.
    ---------------------------------------------------------------------------
        \743\ Par. (3) was added by sec. 11(b)(3) of the International
    Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 736).
    ---------------------------------------------------------------------------
        Sec. 544.\744\ Exchange Training.--(a) \745\ In carrying
    out this chapter, the President is authorized to provide for
    attendance of foreign military personnel at professional
    military education institutions in the United States \746\
    (other than service academies) without charge, and without
    charge to funds available to carry out this chapter
    (notwithstanding section 632(d) of this Act), if such
    attendance is pursuant to an agreement providing for the
    exchange of students on a one-for-one, reciprocal basis each
    fiscal year between those United States professional military
    education institutions and comparable institutions of foreign
    countries and international organizations.
    ---------------------------------------------------------------------------
        \744\ 22 U.S.C. 2347c. Sec. 544 was added by sec. 126 of the
    International Security and Development Cooperation Act of 1985 (Public
    Law 99-83; 99 Stat. 205).
        \745\ Sec. 112(b) of Public Law 104-164 (110 Stat. 1427) added
    subsec. designation ``(a)'' and added subsec. (b).
        \746\ Sec. 935 of the National Defense Authorization Act for Fiscal
    Years 1990 and 1991 provided the following:
        ``(a) Authority.--The United States Army Russian Institute in
    Garmisch-Partenkirchen, Federal Republic of Germany, shall be treated
    for purposes of section 544 of the Foreign Assistance Act of 1961 (22
    U.S.C. 2347c) as if it were located in the United States.
        ``(b) Expiration of Authority.--Subsection (a) shall cease to be in
    effect upon the enactment in foreign assistance authorizing legislation
    of an amendment to section 544 of the Foreign Assistance Act of 1961
    that provides the same authority as is provided by subsection (a).''.
    ---------------------------------------------------------------------------
        (b) \745\ The President may provide for the attendance of
    foreign military and civilian defense personnel at flight
    training schools and programs (including test pilot schools) in
    the United States without charge, and without charge to funds
    available to carry out this chapter (notwithstanding section
    632(d) of this Act), if such attendance is pursuant to an
    agreement providing for the exchange of students on a one-for-
    one basis each fiscal year between those United States flight
    training schools and programs (including test pilot schools)
    and comparable flight training schools and programs of foreign
    countries.
        Sec. 545.\747\ Training in Maritime Skills.--The President
    is encouraged to allocate a portion of the funds made available
    each fiscal year to carry out this chapter for use in providing
    education and training in maritime search and rescue, operation
    and maintenance of aids to navigation, port security, at-sea
    law enforcement, international maritime law, and general
    maritime skills.
    ---------------------------------------------------------------------------
        \747\ 22 U.S.C. 2347d. Added by sec. 127(a) of the International
    Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
    Stat. 205).
    ---------------------------------------------------------------------------

    SEC. 546.\748\ PROHIBITION ON GRANT ASSISTANCE FOR CERTAIN HIGH INCOME
                        FOREIGN COUNTRIES.

        (a) In General.--None of the funds made available for a
    fiscal year for assistance under this chapter may be made
    available for assistance on a grant basis for any of the high-
    income foreign countries described in subsection (b) for
    military education and training of military and related
    civilian personnel of such country.
    ---------------------------------------------------------------------------
        \748\ 22 U.S.C. 2347c. Added by sec. 112(c)(1) of Public Law 104-
    164 (110 Stat. 1427).
    ---------------------------------------------------------------------------
        (b) High-Income Foreign Countries Described.--The high-
    income foreign countries described in this subsection are
    Austria, Finland, the Republic of Korea, Singapore, and Spain.

    SEC. 547.\749\ CONSULTATION REQUIREMENT.

        The selection of foreign personnel for training under this
    chapter shall be made in consultation with the United States
    defense attache to the relevant country.
    ---------------------------------------------------------------------------
        \749\ 22 U.S.C. 2347f. Added by sec. 202 of the Security Assistance
    Act of 2000 (Public Law 106-280; 114 Stat. 851).
    ---------------------------------------------------------------------------

    SEC. 548.\750\ RECORDS REGARDING FOREIGN PARTICIPANTS.

        In order to contribute most effectively to the development
    of military professionalism in foreign countries, the Secretary
    of Defense shall develop and maintain a database containing
    records on each foreign military or defense ministry civilian
    participant in education and training activities conducted
    under this chapter after December 31, 2000. This record shall
    include the type of instruction received, the dates of such
    instruction, whether such instruction was completed
    successfully, and, to the extent practicable, a record of the
    person's subsequent military or defense ministry career and
    current position and location.
    ---------------------------------------------------------------------------
        \750\ 22 USC 2347g. Added by sec. 202 of the Security Assistance
    Act of 2000 (Public Law 106-280; 114 Stat. 851).
    ---------------------------------------------------------------------------

                    Chapter 6--Peacekeeping Operations \751\

        Sec. 551.\752\ General Authority.--The President is
    authorized to furnish assistance to friendly countries and
    international organizations, on such terms and conditions as he
    may determine, for peacekeeping operations and other programs
    carried out in furtherance of the national security interests
    of the United States. Such assistance may include reimbursement
    to the Department of Defense for expenses incurred pursuant to
    section 7 of the United Nations Participation Act of 1945,\753\
    except that such reimbursements may not exceed $5,000,000 in
    any fiscal year unless a greater amount is specifically
    authorized by this section.\754\
    ---------------------------------------------------------------------------
        \751\ Ch. 6 was added by sec. 12(a) of the International Security
    Assistance Act of 1978 (Public Law 95-384; 92 Stat. 736).
        \752\ 22 U.S.C. 2348.
        \753\ For text, see Legislation on Foreign Relations Through 2000,
    vol. II, sec. H.
        \754\ The final sentence in this section was added by sec. 10(b) of
    the International Security Assistance Act of 1979 (Public Law 96-92; 93
    Stat. 705).
    ---------------------------------------------------------------------------
        Sec. 552.\755\ Authorization of Appropriations.--(a) There
    are authorized to be appropriated to the President to carry out
    the purposes of this chapter, in addition to amounts otherwise
    available for such purposes, $37,000,000 for the fiscal year
    1986 and $37,000,000 for the fiscal year 1987.\756\
    ---------------------------------------------------------------------------
        \755\ 22 U.S.C. 2348a.
        \756\ The authorization figures for fiscal years 1986 and 1987 were
    added by sec. 105(a) of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 195).
    Authorizations under sec. 552 during recent years included the
    following: fiscal year 1979--$30,900,000; fiscal year 1980--
    $21,100,000; fiscal year 1981--$25,000,000; fiscal year 1982--
    $19,000,000; fiscal year 1983--$19,000,000; fiscal year 1984--
    $46,200,000; fiscal year 1985--no authorization; fiscal years 1988
    through 1997--no authorization; fiscal year 1998 (in Public Law 105-
    277)--$77,500,000; fiscal year 1999 (in Public Law 105-277)--
    $83,000,000; fiscal years 2000 and 2001--no authorization.
        For fiscal years 1998 and 1999, sec. 2105 of the Foreign Relations
    Authorization Act, Fiscal Years 1998 and 1999 (division G, subdivision
    B of Public Law 105-277; 112 Stat. 2681) provided the following:
        ``Sec. 2105. voluntary contributions to peacekeeping operations.
        ``There are authorized to be appropriated for `Peacekeeping
    Operations', $77,500,000 for the fiscal year 1998 and $83,000,000 for
    the fiscal year 1999 for the Department of State to carry out section
    551 of Public Law 87-195.''.
        The Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000,
    enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat.
    1900), waived the requirements for authorization, and title III of that
    Act provided the following:
    ---------------------------------------------------------------------------

                           ``PEACEKEEPING OPERATIONS
    ---------------------------------------------------------------------------
        ``For necessary expenses to carry out the provisions of section 551
    of the Foreign Assistance Act of 1961, $127,000,000: Provided, That
    none of the funds appropriated under this heading shall be obligated or
    expended except as provided through the regular notification procedures
    of the Committees on Appropriations.''.
        See also in that Act: sec. 515--Notification Requirements; and sec.
    568--Assistance for the Middle East.
        Sec. 4(b)(1) of Public Law 97-132 (95 Stat. 1694) authorized an
    additional $125,000,000 to carry out this chapter during fiscal year
    1982 for use in paying the U.S. contribution to the budget of the
    Multinational Force and Observers in Sinai. See Legislation on Foreign
    Relations Through 2000, vol. II, sec. G.
    ---------------------------------------------------------------------------
        (b) Amounts appropriated under this section are authorized
    to remain available until expended.
        (c) \757\ If the President determines that, as the result
    of an unforeseen emergency, the provision of assistance under
    this chapter in amounts in excess of funds otherwise available
    for such assistance is important to the national interests of
    the United States, the President may (1) exercise the authority
    of section 610(a) of this Act to transfer funds available to
    carry out chapter 4 of this part for use under this chapter
    without regard to the 20-percent increase limitation contained
    in such section, except that the total amount so transferred in
    any fiscal year may not exceed $15,000,000; and \758\ (2) \759\
    in the event the President also determines that such unforeseen
    emergency requires the immediate provision of assistance under
    this chapter, direct the drawdown of commodities and services
    from the inventory and resources of any agency of the United
    States Government of an aggregate value not to exceed
    $25,000,000 in any fiscal year.
    ---------------------------------------------------------------------------
        \757\ Subsec. (c) was added by sec. 10(c) of the International
    Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 705).
        Sec. 552 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October
    24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429;
    114 Stat. 1900A-41), provided the following:
    ---------------------------------------------------------------------------

                        ``WAR CRIMES TRIBUNALS DRAWDOWN
    ---------------------------------------------------------------------------
        ``Sec. 552. If the President determines that doing so will
    contribute to a just resolution of charges regarding genocide or other
    violations of international humanitarian law, the President may direct
    a drawdown pursuant to section 552(c) of the Foreign Assistance Act of
    1961, as amended, of up to $30,000,000 of commodities and services for
    the United Nations War Crimes Tribunal established with regard to the
    former Yugoslavia by the United Nations Security Council or such other
    tribunals or commissions as the Council may establish to deal with such
    violations, without regard to the ceiling limitation contained in
    paragraph (2) thereof: Provided, That the determination required under
    this section shall be in lieu of any determinations otherwise required
    under section 552(c): Provided further, That 60 days after the date of
    the enactment of this Act, and every 180 days thereafter until
    September 30, 2001, the Secretary of State shall submit a report to the
    Committees on Appropriations describing the steps the United States
    Government is taking to collect information regarding allegations of
    genocide or other violations of international law in the former
    Yugoslavia and to furnish that information to the United Nations War
    Crimes Tribunal for the former Yugoslavia: Provided further, That the
    drawdown made under this section for any tribunal shall not be
    construed as an endorsement or precedent for the establishment of any
    standing or permanent international criminal tribunal or court:
    Provided further, That funds made available for tribunals other than
    Yugoslavia or Rwanda shall be made available subject to the regular
    notification procedures of the Committees on Appropriations.''.
        \758\ Sec. 114(b) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1528) increased
    the amount which may be transferred in any fiscal year from $10,000,000
    to $15,000,000 and deleted language prohibiting earmarked funds from
    being transferred.
        \759\ Subsec. (c), par. (2), and subsec. (d) were added by sec.
    105(b) of the International Security and Development Cooperation Act of
    1985 (Public Law 99-83; 99 Stat. 195).
    ---------------------------------------------------------------------------
        (d) \759\ There are authorized to be appropriated to the
    President such sums as may be necessary to reimburse the
    applicable appropriation, fund, or account for commodities and
    services provided under subsection (c)(2).
        Sec. 553.\760\ Middle East Special Requirements Fund. * * *
    [Repealed--1980]
    ---------------------------------------------------------------------------
        \760\ The Middle East Special Requirements Fund was originally
    added as sec. 903 of this Act by the FA Act of 1974 and moved to sec.
    553 by the International Security Assistance Act of 1978 (Public Law
    95-384; 92 Stat. 737). Sec. 553 was repealed by sec. 116(b) of the
    International Security and Development Cooperation Act of 1980 (Public
    Law 96-533; 94 Stat. 3140).
    ---------------------------------------------------------------------------
        Sec. 553.\761\ Administrative Authorities.--Except where
    expressly provided to the contrary, any reference in any law to
    part I of this Act shall be deemed to include reference to this
    chapter and any reference in any law to part II of this Act
    shall be deemed to exclude reference to this chapter.
    ---------------------------------------------------------------------------
        \761\ 22 U.S.C. 2348c. Originally added as sec. 554, was
    redesignated as sec. 553 by sec. 116(b) of the International Security
    and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat.
    3140).
    ---------------------------------------------------------------------------

    SEC. 554.\762\ DATA ON COSTS INCURRED IN SUPPORT OF UNITED NATIONS
                        PEACEKEEPING OPERATIONS.
        (a) United States Costs.--The President shall annually
    provide to the Secretary General of the United Nations data
    regarding all costs incurred by the United States Department of
    Defense during the preceding year in support of all United
    Nations Security Council resolutions as reported to the
    Congress pursuant to section 8079 of the Department of Defense
    Appropriations Act, 1998.
    ---------------------------------------------------------------------------
        \762\ 22 U.S.C. 2348d. Sec. 722 of the Admiral James W. Nance and
    Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
    2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law
    106-113; 113 Stat. 1536), added sec. 554.
    ---------------------------------------------------------------------------
        (b) United Nations Member Costs.--The President shall
    request that the United Nations compile and publish information
    concerning costs incurred by United Nations members in support
    of such resolutions.

                Chapter 7--Air Base Construction in Israel \763\
        Sec. 561.\764\ General Authority.--The President is
    authorized--
    ---------------------------------------------------------------------------
        \763\ Ch. 7 was added by sec. 3 of the Special International
    Security Assistance Act of 1979 (Public Law 96-35; 93 Stat. 89).
        \764\ 22 U.S.C. 2349.
    ---------------------------------------------------------------------------
              (1) to construct such air bases in Israel for the
            Government of Israel as may be agreed upon between the
            Government of Israel and the Government of the United
            States to replace the Israeli airbases located at
            Etzion and Etam on the Sinai peninsula that are to be
            evacuated by the Government of Israel; and
              (2) for purposes of such construction, to furnish as
            a grant to the Government of Israel, on such terms and
            conditions as the President may determine, defense
            articles and defense services, which he may acquire
            from any source, of a value not to exceed the amount
            appropriated pursuant to section 562(a).
        Sec. 562.\765\ Authorization and Utilization of Funds.--(a)
    There is authorized to be appropriated to the President to
    carry out this chapter not to exceed $800,000,000, which may be
    made available until expended.\766\
    ---------------------------------------------------------------------------
        \765\ 22 U.S.C. 2349a.
        \766\ The Supplemental Appropriations Act, 1979 (Public Law 96-35;
    93 Stat. 103), provided the following:
        ``For necessary expenses to carry out the provisions of chapter 7
    of the Foreign Assistance Act of 1961, as amended, $800,000,000, to
    remain available until expended: Provided, That authority to enter into
    contracts may be exercised to the extent necessary to carry out the
    purposes of that chapter.''.
    ---------------------------------------------------------------------------
        (b) Upon agreement by the Government of Israel to provide
    to the Government of the United States funds equal to the
    difference between the amount required to complete the agreed
    construction work and the amount appropriated pursuant to
    subsection (a) of this section, and to make those funds
    available, in advance of the time when payments are due, in
    such amounts and at such times as may be required by the
    Government of the United States to meet those additional costs
    of construction, the President may incur obligations and enter
    into contracts to the extent necessary to complete the agreed
    construction work, except that this authority shall be
    effective only to such extent or in such amounts as are
    provided in advance in appropriation Acts.
        (c) Funds made available by the Government of Israel
    pursuant to subsection (b) of this section may be credited to
    the appropriation account established to carry out the purposes
    of this section for the payment of obligations incurred and for
    refund to the Government of Israel if they are unnecessary for
    that purpose, as determined by the President. Credits and the
    proceeds of guaranteed loans made available to the Government
    of Israel pursuant to the Arms Export Control Act, as well as
    any other source of financing available to it, may be used by
    Israel to carry out its undertaking to provide such additional
    funds.
        Sec. 563.\767\ Waiver Authorities.--(a) It is the sense of
    the Congress that the President should take all necessary
    measures consistent with law to insure the efficient and timely
    completion of the construction authorized by this chapter,
    including the exercise of authority vested in him by section
    633(a) of this Act.
    ---------------------------------------------------------------------------
        \767\ 22 U.S.C. 2349b. See also sec. 6 of Executive Order 11223
    which pertains to the administration of this chapter, in Legislation on
    Foreign Relations Through 2000, vol. I-B.
    ---------------------------------------------------------------------------
        (b) The provisions of paragraph (3) of section 636(a) of
    this Act shall be applicable to the use of funds available to
    carry out this chapter, except that no more than sixty persons
    may be engaged at any one time under that paragraph for
    purposes of this chapter.

                   Chapter 8--Antiterrorism Assistance \768\

        Sec. 571.\769\ General Authority.--Notwithstanding any
    other provision of law that restricts assistance to foreign
    countries (other than sections 502B and 620A of this Act),\770\
    the President is authorized to furnish, on such terms and
    conditions as the President may determine, assistance to
    foreign countries in order to enhance the ability of their law
    enforcement personnel to deter terrorists and terrorist groups
    from engaging in international terrorist acts such as bombing,
    kidnaping, assassination, hostage taking, and hijacking. Such
    assistance may include training services and the provision of
    equipment and other commodities related to bomb detection and
    disposal, management of hostage situations, physical security,
    and other matters relating to the detection, deterrence, and
    prevention of acts of terrorism, the resolution of terrorist
    incidents, and the apprehension of those involved in such acts.
    ---------------------------------------------------------------------------
        \768\ Ch. 8 was added by the International Security and Development
    Assistance Authorizations Act of 1983 (sec. 101(b)(2) of the Further
    Continuing Appropriations, 1984; Public Law 98-151; 97 Stat. 972).
    Pursuant to Public Law 98-151, ch. 8 was enacted as contained in title
    II of H.R. 2992, as reported by the House Committee on Foreign Affairs
    on May 17, 1983, except for sec. 575 (redesignated in 1996 as sec.
    574), which was included in Public Law 98-151.
        Sec. 122 of Public Law 104-164 (110 Stat. 1428) provided the
    following:
        ``SEC. 122. RESEARCH AND DEVELOPMENT EXPENSES.
        ``Funds made available for fiscal years 1996 and 1997 to carry out
    chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
    2349aa et seq.; relating to antiterrorism assistance) may be made
    available to the Technical Support Working Group of the Department of
    State for research and development expenses related to contraband
    detection technologies or for field demonstrations of such technologies
    (whether such field demonstrations take place in the United States or
    outside the United States).''.
        \769\ 22 U.S.C. 2349aa. Delegation of Authority No. 145 (February
    4, 1984) delegated the functions conferred upon the President by
    chapter 8 to the Director of the Office for Combating Terrorism.
        \770\ Sec. 121(a) of Public Law 104-164 (110 Stat. 1428) struck out
    ``Subject to the provisions of this chapter'', and inserted in lieu
    thereof ``Notwithstanding any other provision of law that restricts
    assistance to foreign countries (other than sections 502B and 620A of
    this Act)''.
    ---------------------------------------------------------------------------
        Sec. 572.\771\ Purposes.--Activities conducted under this
    chapter shall be designed--
    ---------------------------------------------------------------------------
        \771\ 22 U.S.C. 2349aa-1.
    ---------------------------------------------------------------------------
              (1) to enhance the antiterrorism skills of friendly
            countries by providing training and equipment to deter
            and counter terrorism;
              (2) to strengthen the bilateral ties of the United
            States with friendly governments by offering concrete
            assistance in this area of great mutual concern; and
              (3) to increase respect for human rights by sharing
            with foreign civil authorities modern, humane, and
            effective antiterrorism techniques.
        Sec. 573.\772\ Limitations.--(a) Whenever the President
    determines it to be consistent with and in furtherance of the
    purposes of this chapter, and on such terms and conditions
    consistent with this Act as he may determine, any agency of the
    United States Government is authorized to furnish services and
    commodities, without charge to funds available to carry out
    this chapter, to an eligible foreign country, subject to
    payment in advance of the value thereof (within the meaning of
    section 644(m)) in United States dollars by the foreign
    country. Credits and the proceeds of guaranteed loans made
    available to such countries pursuant to the Arms Export Control
    Act shall not be used for such payments. Collections under this
    chapter shall be credited to the currently applicable
    appropriation, account, or fund of the agency providing such
    services and commodities and shall be available for the
    purposes for which such appropriation, account, or fund is
    authorized to be used.
    ---------------------------------------------------------------------------
        \772\ 22 U.S.C. 2349aa-2. Sec. 121(b)(1) of Public Law 104-164 (110
    Stat. 1428) struck out ``Specific Authorities and'' from the section
    heading. Sec. 121(b)(2) of that Public Law struck out subsec. (a) of
    this section and redesignated subsecs. (b) through (f) as subsecs. (a)
    through (e), respectively. Subsec. (f), however, had been struck out
    previously by Public Law 104-132 (see note below). Subsec. (a) had read
    as follows:
        ``(a) Notwithstanding section 660 of this Act, services and
    commodities may be granted for the purposes of this chapter to eligible
    foreign countries, subject to reimbursement of the value thereof
    (within the meaning of section 644(m)) pursuant to section 632 of this
    Act from funds available to carry out this chapter.''.
    ---------------------------------------------------------------------------
        (b) The Assistant Secretary of State for Democracy, Human
    Rights, and Labor \773\ shall be consulted in the \774\
    determinations of the foreign countries that will be furnished
    assistance under this chapter and determinations of the nature
    of assistance to be furnished to each such country.
    ---------------------------------------------------------------------------
        \773\ Sec. 163(e)(2) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), amended
    the title designation by striking out ``Human Rights and Humanitarian
    Affairs'', and inserting in lieu thereof ``Democracy, Human Rights, and
    Labor''.
        \774\ Sec. 328(a)(1) of the Antiterrorism and Effective Death
    Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1257) struck out
    ``development and implementation of the antiterrorism assistance
    program under this chapter, including'' at this point.
    ---------------------------------------------------------------------------
        (c) \775\ (1) Arms and ammunition may be provided under
    this chapter only if they are directly related to antiterrorism
    assistance.
    ---------------------------------------------------------------------------
        \775\ Subsec. (c), redesignated from subsec. (d) by sec. 121(b)(3)
    of Public Law 104-164 (110 Stat. 1428), was amended and restated by
    sec. 328(a)(2) of the Antiterrorism and Effective Death Penalty Act of
    1996 (Public Law 104-132; 110 Stat. 1257). Portions were amended and
    restated earlier by sec. 213(b) of Public Law 101-604 (104 Stat. 3086),
    sec. 507 of Public Law 99-399 (100 Stat. 873).
        In view of amendments to this subsection by Public Law 104-132,
    amendments contained in sec. 121(b)(4) of Public Law 104-164 (110 Stat.
    1428) cannot be executed. Sec. 121(b)(4) of that Public Law required:
        ``(b) limitations.--Section 573 of such Act (22 U.S.C. 2349aa-2) is
    amended-- * * *
    ---------------------------------------------------------------------------

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

                      ``(A) by striking paragraphs (1) and (2);
                      ``(B) by redesignating paragraphs (3) through (5) as
                    paragraphs (1) through (3), respectively; and
                      ``(C) by amending paragraph (2) (as redesignated) to
                    read as follows:
    ---------------------------------------------------------------------------
        ``(2)(A) Except as provided in subparagraph (B), funds made
    available to carry out this chapter shall not be made available for the
    procurement of weapons and ammunition.
        ``(B) Subparagraph (A) shall not apply to small arms and ammunition
    in categories I and III of the United States Munitions List that are
    integrally and directly related to antiterrorism training provided
    under this chapter if, at least 15 days before obligating those funds,
    the President notifies the appropriate congressional committees
    specified in section 634A of this Act in accordance with the procedures
    applicable to reprogramming notifications under such section.
        ``(C) The value (in terms of original acquisition cost) of all
    equipment and commodities provided under this chapter in any fiscal
    year may not exceed 25 percent of the funds made available to carry out
    this chapter for that fiscal year.''.
    ---------------------------------------------------------------------------
        (2) The value (in terms of original acquisition cost) of
    all equipment and commodities provided under this chapter in
    any fiscal year shall not exceed 30 percent of the funds made
    available to carry out this chapter for that fiscal year.
        (d) This chapter does not apply to information exchange
    activities conducted by agencies of the United States
    Government under other authority for such purposes.
        (f) \776\ [Repealed--1996]
    ---------------------------------------------------------------------------
        \776\ Subsec. (f) was added by sec. 501(c) of Public Law 99-83 (99
    Stat. 221), and struck out by sec. 328(a)(3) of the Antiterrorism and
    Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat.
    1257). It had read as follows:
        ``(f) Funds made available to carry out this chapter may not be
    used for personnel compensation or benefits.''.
    ---------------------------------------------------------------------------
        Sec. 574.\777\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \777\ Formerly at 22 U.S.C. 2349aa-3. Sec. 121(c) of Public Law
    104-164 (110 Stat. 1428) repealed sec. 574, which had required reports
    to Congress on antiterrorism assistance.
    ---------------------------------------------------------------------------
        Sec. 574.\778\ Authorizations of Appropriations.--(a) There
    are authorized to be appropriated to the President to carry out
    this chapter $72,000,000 for fiscal year 2001 and $73,000,000
    for fiscal year 2002.
    ---------------------------------------------------------------------------
        \778\ 22 U.S.C. 2349aa-4. Redesignated from sec. 575 to sec. 574 by
    sec. 121(d) of Public Law 104-164 (110 Stat. 1428). Sec. 401 of the
    Security Assistance Act of 2000 (Public Law 106-280; 114 Stat. 854)
    struck out funding levels of ``$9,840,000 for the fiscal year 1986 and
    $14,680,000 for the fiscal year 1987'' and inserted in lieu thereof
    ``$72,000,000 for fiscal year 2001 and $73,000,000 for fiscal year
    2002.''. Previously, authorization for fiscal year 1986 was enacted by
    sec. 501(a) of the International Security and Development Cooperation
    Act of 1985 (Public Law 99-83; 99 Stat. 219). The authorization for
    fiscal year 1987 of $14,680,000 was inserted in lieu of the amount of
    $9,840,000 (originally enacted by Public Law 99-83) by sec. 401 of
    Public Law 99-399 (100 Stat. 862). Previous authorizations include:
    fiscal year 1984--$5,000,000; fiscal year 1985--no authorization;
    fiscal year 1986--$9,840,000; fiscal year 1987--$14,680,000; fiscal
    years 1988 through 2000--no authorization; fiscal year 2001--
    $72,000,000; fiscal year 2002--$73,000,000.
        Title II of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October
    24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429;
    114 Stat. 1900A-16), provided the following:
    ---------------------------------------------------------------------------

       ``nonproliferation, anti-terrorism, demining and related programs
    ---------------------------------------------------------------------------
        ``For necessary expenses for nonproliferation, anti-terrorism and
    related programs and activities, $311,600,000, to carry out the
    provisions of chapter 8 of part II of the Foreign Assistance Act of
    1961 for anti-terrorism assistance, section 504 of the FREEDOM Support
    Act, section 23 of the Arms Export Control Act or the Foreign
    Assistance Act of 1961 for demining activities, the clearance of
    unexploded ordnance, the destruction of small arms, and related
    activities, notwithstanding any other provision of law, including
    activities implemented through nongovernmental and international
    organizations, section 301 of the Foreign Assistance Act of 1961 for a
    voluntary contribution to the International Atomic Energy Agency (IAEA)
    and a voluntary contribution to the Korean Peninsula Energy Development
    Organization (KEDO), and for a United States contribution to the
    Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided,
    That the Secretary of State shall inform the Committees on
    Appropriations at least 20 days prior to the obligation of funds for
    the Comprehensive Nuclear Test Ban Treaty Preparatory Commission:
    Provided further, That of this amount not to exceed $15,000,000, to
    remain available until expended, may be made available for the
    Nonproliferation and Disarmament Fund, notwithstanding any other
    provision of law, to promote bilateral and multilateral activities
    relating to nonproliferation and disarmament: Provided further, That
    such funds may also be used for such countries other than the
    Independent States of the former Soviet Union and international
    organizations when it is in the national security interest of the
    United States to do so: Provided further, That such funds shall be
    subject to the regular notification procedures of the Committees on
    Appropriations: Provided further, That funds appropriated under this
    heading may be made available for the International Atomic Energy
    Agency only if the Secretary of State determines (and so reports to the
    Congress) that Israel is not being denied its right to participate in
    the activities of that Agency: Provided further, That of the funds
    appropriated under this heading, $40,000,000 should be made available
    for demining, clearance of unexploded ordnance, and related activities:
    Provided further, That of the funds made available for demining and
    related activities, not to exceed $500,000, in addition to funds
    otherwise available for such purposes, may be used for administrative
    expenses related to the operation and management of the demining
    program.''.
        See also in that Act: sec. 506--Prohibition on Financing Nuclear
    Goods; sec. 515--Notification Requirements; sec. 517--Independent
    States of the Former Soviet Union; sec. 568--Assistance for the Middle
    East; and sec. 572--Korean Peninsula Energy Development Organization.
        Sec. 328(b) of the Antiterrorism and Effective Death Penalty Act of
    1996 (Public Law 104-132; 110 Stat. 1257) provided the following:
        ``(b) Assistance to Foreign Countries To Procure Explosives
    Detection Devices and Other Counterterrorism Technology.--(1) Subject
    to section 575(b), up to $3,000,000 in any fiscal year may be made
    available--
    ---------------------------------------------------------------------------

              ``(A) to procure explosives detection devices and other
            counterterrorism technology; and
              ``(B) for joint counterterrorism research and development
            projects on such technology conducted with NATO and major non-
            NATO allies under the auspices of the Technical Support Working
            Group of the Department of State.
    ---------------------------------------------------------------------------
        ``(2) As used in this subsection, the term `major non-NATO allies'
    means those countries designated as major non-NATO allies for purposes
    of section 2350a(i)(3) of title 10, United States Code.
        ``(c) Assistance to Foreign Countries.--Notwithstanding any other
    provision of law (except section 620A of the Foreign Assistance Act of
    1961) up to $1,000,000 in assistance may be provided to a foreign
    country for counterterrorism efforts in any fiscal year if--
    ---------------------------------------------------------------------------

              ``(1) such assistance is provided for the purpose of
            protecting the property of the United States Government or the
            life and property of any United States citizen, or furthering
            the apprehension of any individual involved in any act of
            terrorism against such property or persons; and
              ``(2) the appropriate committees of Congress are notified not
            later than 15 days prior to the provision of such
            assistance.''.
        (b) Amounts appropriated under this section are authorized
    to remain available until expended.
        Sec. 575.\779\ Administrative Authorities.--Except where
    expressly provided to the contrary, any reference in any law to
    part I of this Act shall be deemed to include reference to this
    chapter and any reference in any law to part II of this Act
    shall be deemed to exclude reference to this chapter.
    ---------------------------------------------------------------------------
        \779\ 22 U.S.C. 2349aa-5. Redesignated from sec. 576 to sec. 575 by
    sec. 121(d) of Public Law 104-164 (110 Stat. 1428).
    ---------------------------------------------------------------------------
        Sec. 577.\780\ * * * [Repealed--1985]
    ---------------------------------------------------------------------------
        \780\ Formerly at 22 U.S.C. 2349aa-6. Sec. 577 was repealed by sec.
    501(d) of the International Security and Development Cooperation Act of
    1985 (Public Law 99-83; 99 Stat. 220). The authorities under this
    chapter would have expired on September 30, 1985.
    ---------------------------------------------------------------------------

        CHAPTER 9--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE \781\

    SEC. 581.\782\ PURPOSES.

        The purposes of assistance under this chapter are to halt
    the proliferation of nuclear, chemical, and biological weapons,
    and conventional weaponry, through support of activities
    designed--
    ---------------------------------------------------------------------------
        \781\ Sec. 301 of the Security Assistance Act of 2000 (Public Law
    106-280; 114 Stat. 851) added chapter 9, secs. 581-585.
        \782\ 22 U.S.C. 2349bb.
    ---------------------------------------------------------------------------
              (1) to enhance the nonproliferation and export
            control capabilities of friendly countries by providing
            training and equipment to detect, deter, monitor,
            interdict, and counter proliferation;
              (2) to strengthen the bilateral ties of the United
            States with friendly governments by offering concrete
            assistance in this area of vital national security
            interest;
              (3) to accomplish the activities and objectives set
            forth in sections 503 and 504 of the FREEDOM Support
            Act (22 U.S.C. 5853, 5854), without regard to the
            limitation of those sections to the independent states
            of the former Soviet Union; and
              (4) to promote multilateral activities, including
            cooperation with international organizations, relating
            to nonproliferation.

    SEC. 582.\783\ AUTHORIZATION OF ASSISTANCE.

        Notwithstanding any other provision of law (other than
    section 502B or section 620A of this Act), the President is
    authorized to furnish, on such terms and conditions as the
    President may determine, assistance in order to carry out the
    purposes of this chapter. Such assistance may include training
    services and the provision of funds, equipment, and other
    commodities related to the detection, deterrence, monitoring,
    interdiction, and prevention or countering of proliferation,
    the establishment of effective nonproliferation laws and
    regulations, and the apprehension of those individuals involved
    in acts of proliferation of such weapons.
    ---------------------------------------------------------------------------
        \783\ 22 U.S.C. 2349bb-1.
    ---------------------------------------------------------------------------

    SEC. 583.\784\ TRANSIT INTERDICTION.

        (a) Allocation of Funds.--In providing assistance under
    this chapter, the President should ensure that not less than
    one-quarter of the total of such assistance is expended for the
    purpose of enhancing the capabilities of friendly countries to
    detect and interdict proliferation-related shipments of cargo
    that originate from, and are destined for, other countries.
    ---------------------------------------------------------------------------
        \784\ 22 U.S.C. 2349bb-2.
    ---------------------------------------------------------------------------
        (b) Priority to Certain Countries.--Priority shall be given
    in the apportionment of the assistance described under
    subsection (a) to any friendly country that has been determined
    by the Secretary of State to be a country frequently transited
    by proliferation-related shipments of cargo.

    SEC. 584.\785\ LIMITATIONS.

        The limitations contained in section 573(a) and (d) of this
    Act shall apply to this chapter.
    ---------------------------------------------------------------------------
        \785\ 22 U.S.C. 2349bb-3.
    ---------------------------------------------------------------------------

    SEC. 585.\786\ AUTHORIZATION OF APPROPRIATIONS.

        (a) Authorization of Appropriations.--There are authorized
    to be appropriated to the President to carry out this chapter
    $129,000,000 for fiscal year 2001 and $142,000,000 for fiscal
    year 2002.
    ---------------------------------------------------------------------------
        \786\ 22 U.S.C. 2349bb-4.
        Secs. 302 through 304 of the Security Assistance Act of 2000
    (Public Law 106-280; 114 Stat. 853) provided the following:
        ``SEC. 302. NONPROLIFERATION AND EXPORT CONTROL TRAINING IN THE
    UNITED STATES.
        ``Of the amounts made available for fiscal years 2001 and 2002
    under chapter 9 of part II of the Foreign Assistance Act of 1961, as
    added by section 301, $2,000,000 is authorized to be available each
    such fiscal year for the purpose of training and education of personnel
    from friendly countries in the United States.
        ``SEC. 303. SCIENCE AND TECHNOLOGY CENTERS.
        ``(a) Availability of Funds.--Of the amounts made available for the
    fiscal years 2001 and 2002 under chapter 9 of part II of the Foreign
    Assistance Act of 1961, as added by section 301, $59,000,000 for fiscal
    year 2001 and $65,000,000 for fiscal year 2002 are authorized to be
    available for science and technology centers in the independent states
    of the former Soviet Union.
        ``(b) Sense of the Congress.--It is the sense of the Congress,
    taking into account section 1132 of H. R. 3427 of the One Hundred Sixth
    Congress (as enacted by section 1000(a)(7) of Public Law 106-113), that
    the practice of auditing entities receiving funds authorized under this
    section should be significantly expanded and that the burden of
    supplying auditors should be spread equitably within the United States
    Government.
        ``SEC. 304. TRIAL TRANSIT PROGRAM.
        ``(a) Allocation of Funds.--Of the amount made available for fiscal
    year 2001 under chapter 9 of the Foreign Assistance Act of 1961, as
    added by section 301, $5,000,000 is authorized to be available to
    establish a static cargo x-ray facility in Malta, if the Secretary of
    State first certifies to the appropriate committees of Congress that
    the Government of Malta has provided adequate assurances that such a
    facility will be utilized in connection with random cargo inspections
    by Maltese customs officials of container traffic transiting through
    the Malta Freeport.
        ``(b) Requirement of Written Assessment.--In the event that a
    facility is established in Malta pursuant to subsection (a), the
    Secretary of State shall submit a written assessment to the appropriate
    committees of Congress not later than 270 days after such a facility
    commences operation detailing--
    ---------------------------------------------------------------------------

              ``(1) statistics on utilization of the facility by Malta;
              ``(2) the contribution made by the facility to United States
            nonproliferation and export control objectives; and
              ``(3) the feasibility of establishing comparable facilities
            in other countries identified by the Secretary of State
            pursuant to section 583 of the Foreign Assistance Act of 1961,
            as added by section 301.
    ---------------------------------------------------------------------------
        ``(c) Treatment of Assistance.--Assistance under this section shall
    be considered as assistance under section 583(a) of the Foreign
    Assistance Act of 1961 (relating to transit interdiction), as added by
    section 301.''.
    ---------------------------------------------------------------------------
        (b) Availability of Funds.--Funds made available under
    subsection (a) may be used notwithstanding any other provision
    of law (other than section 502B or 620A) and shall remain
    available until expended.
        (c) Treatment of Fiscal Year 2001 Appropriations.--Amounts
    made available by the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2001, under
    ``Nonproliferation, Antiterrorism, Demining, and Related
    Programs'' and ``Assistance for the Independent States of the
    Former Soviet Union'' accounts for the activities described in
    subsection (d) shall be considered to be made available
    pursuant to this chapter.
        (d) Covered Activities.--The activities referred to in
    subsection (c) are--
              (1) assistance under the Nonproliferation and
            Disarmament Fund;
              (2) assistance for science and technology centers in
            the independent states of the former Soviet Union;
              (3) export control assistance; and
              (4) export control and border assistance under
            chapter 11 of part I of the Foreign Assistance Act of
            1961 (22 U.S.C. 2295 et seq.) or the FREEDOM Support
            Act (22 U.S.C. 5801 et seq.).

                                    PART III

                         Chapter 1--General Provisions

        Sec. 601.\787\ Encouragement of Free Enterprise and Private
    Participation.--(a) The Congress of the United States
    recognizes the vital role of free enterprise in achieving
    rising levels of production and standards of living essential
    to economic progress and development. Accordingly, it is
    declared to be the policy of the United States to encourage the
    efforts of other countries to increase the flow of
    international trade, to foster private initiative and
    competition, to encourage the development and use of
    cooperatives, credit unions, and savings and loan associations,
    to discourage monopolistic practices, to improve the technical
    efficiency of their industry, agriculture, and commerce, and to
    strengthen free labor unions; and to encourage the contribution
    of United States enterprise toward economic strength of less
    developed friendly countries, through private trade and
    investment abroad, private participation in programs carried
    out under this Act (including the use of private trade channels
    to the maximum extent practicable in carrying out such
    programs), and exchange of ideas and technical information on
    the matters covered by this subsection.
    ---------------------------------------------------------------------------
        \787\ 22 U.S.C. 2351.
    ---------------------------------------------------------------------------
        (b) In order to encourage and facilitate participation by
    private enterprise to the maximum extent practicable in
    achieving any of the purposes of this Act, the President
    shall--
              (1) make arrangements to find, and draw the attention
            of private enterprise to opportunities for investment
            and development in less developed countries and areas;
              (2) establish an effective system for obtaining
            adequate information with respect to the activities of,
            and opportunities for, nongovernmental participation in
            the development process, and for utilizing such
            information in the planning, direction, and execution
            of programs carried out under this Act, and in the
            coordination of such programs with the ever-increasing
            developmental activities of nongovernmental United
            States institutions;
              (3) \788\ accelerate a program of negotiating
            treaties for commerce and trade, including tax
            treaties, which shall include provisions to encourage
            and facilitate the flow of private investment to, and
            its equitable treatment in, friendly countries and
            areas participating in programs under this Act;
    ---------------------------------------------------------------------------
        \788\ Sec. 301(a)(2) of the FA Act of 1966 redesignated pars. (2),
    (3), (4), (5), and (6) as pars. (3), (4), (5), (6), and (7)
    respectively and added a new par. (2).
    ---------------------------------------------------------------------------
              (4) \788\ seek, consistent with the national
            interest, compliance by other countries or areas with
            all treaties for commerce and trade and taxes, and take
            all reasonable measures under this Act or other
            authority to secure compliance therewith and to assist
            United States citizens in obtaining just compensation
            for losses sustained by them or payments exacted from
            them as a result of measures taken or imposed by any
            country or area thereof in violation of any such
            treaty;
              (5) \788\ to the maximum extent practicable \789\
            carry out programs of assistance through private
            channels and to the extent practicable in conjunction
            with local private or governmental participation,
            including loans under the authority of section 122
            \790\ to any individual, corporation, or other body of
            persons; \789\
    ---------------------------------------------------------------------------
        \789\ Sec. 301(a)(2) of the FA Act of 1963 inserted ``to the
    maximum extent practicable'' in lieu of ``wherever appropriate'', and
    inserted a semicolon for the period at the end of the paragraph.
        \790\ Sec. 102(g)(2)(B) of the International Development and Food
    Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) inserted
    ``122'' in lieu of ``201''.
    ---------------------------------------------------------------------------
              (6) \791\ take appropriate steps to discourage
            nationalization, expropriation, confiscation, seizure
            of ownership or control of private investment and
            discriminatory or other actions, having the effect
            thereof, undertaken by countries receiving assistance
            under this Act, which divert available resources
            essential to create new wealth, employment, and
            productivity in those countries and otherwise impair
            the climate for new private investment essential to the
            stable economic growth and development of those
            countries;
    ---------------------------------------------------------------------------
        \791\ Pars. (6) and (7) were added by sec. 301(a)(3) of the FA Act
    of 1963. Originally added as pars. (5) and (6), they were redesignated
    by sec. 301(a)(2) of the FA Act of 1966.
    ---------------------------------------------------------------------------
              (7) \791\ utilize wherever practicable the services
            of United States private enterprise (including, but not
            limited to, the services of experts and consultants in
            technical fields such as engineering);
              (8) \792\ utilize wherever practicable the services
            of United States private enterprise on a cost-plus
            incentive fee contract basis to provide the necessary
            skills to develop and operate a specific project or
            program of assistance in a less developed friendly
            country or area in any case in which direct private
            investment is not readily encouraged, and provide where
            appropriate for the transfer of equity ownership in
            such project or program to private investors at the
            earliest feasible time.
    ---------------------------------------------------------------------------
        \792\ Sec. 301(a)(3) of the FA Act of 1966 added par. (8).
    ---------------------------------------------------------------------------
        (c) \793\ (1) There is hereby established an International
    Private Investment Advisory Council on Foreign Aid to be
    composed of such number of leading American business
    specialists as may be selected, from time to time, by the
    Administrator of the Agency for International Development for
    the purpose of carrying out the provisions of this
    subsection.\794\ The members of the Council shall serve at the
    pleasure of the Administrator, who shall designate one member
    to serve as Chairman.
    ---------------------------------------------------------------------------
        \793\ Subsec. (c) was amended by sec. 301(a)(4) of the FA Act of
    1966. It formerly read as follows:
        ``(c)(1) There is hereby established an Advisory Committee on
    Private Enterprise in Foreign Aid. The Advisory Committee shall carry
    out studies and make recommendations for achieving the most effective
    utilization of the private enterprise provisions of this Act to the
    head of the Agency charged with administering the programs under part I
    of this Act, who shall appoint the Committee.
        ``(2) Members of the Advisory Committee shall represent the public
    interest and shall be selected from the business, labor and
    professional world, from the universities and foundations, and from
    among persons with extensive experience in government. The Advisory
    Committee shall consist of not more than nine members, and one of the
    members shall be designated as chairman.
        ``(3) Members of the Advisory Committee shall receive no
    compensation for their services but shall be entitled to reimbursement
    in accordance with section 5 of the Administrative Expenses Act of 1946
    (5 U.S.C. 73b2) for travel and other expenses incurred in attending
    meetings of the Advisory Committee.
        ``(4) The Advisory Committee shall, if possible, meet not less
    frequently than once each month, shall submit such interim reports as
    the Committee finds advisable, and shall submit a final report not
    later than June 30, 1965, whereupon the Committee shall cease to exist.
    Such reports shall be made available to the public and to the Congress.
        ``(5) The expenses of the Committee, which shall not exceed
    $50,000, shall be paid from funds otherwise available under this
    Act.''.
        \794\ This function of the Administrator of AID was transferred to
    the Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2
    of 1979 (establishing IDCA). The Reorganization Plan No. 2 of 1979
    ceased to be effective with enactment of the Foreign Affairs Reform and
    Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of
    Public Law 105-277; 112 Stat. 2681).
    ---------------------------------------------------------------------------
        (2) It shall be the duty of the Council, at the request of
    the Administrator, to make recommendations to the Administrator
    with respect to particular aspects of programs and activities
    under this Act where private enterprise can play a contributing
    role and to act as liaison for the Administrator to involve
    specific private enterprises in such programs and
    activities.\794\
        (3) The members of the Advisory Council shall receive no
    compensation for their services but shall be entitled to
    reimbursement in accordance with section 5703 of title 5 of the
    United States Code \795\ for travel and other expenses incurred
    by them in the performance of their functions under this
    subsection.
    ---------------------------------------------------------------------------
        \795\ The words ``5703 of title 5 of the United States Code'' were
    inserted in lieu of ``5 of the Administrative Expenses Act of 1946 (5
    U.S.C. 73b2)'' by sec. 301(a) of the FA Act of 1967.
    ---------------------------------------------------------------------------
        (4) The expenses of the Advisory Council shall be paid by
    the Administrator from funds otherwise available under this
    Act.
        (d) \796\ It is the sense of Congress that the Agency for
    International Development should continue to encourage, to the
    maximum extent consistent with the national interest, the
    utilization of engineering and professional services of United
    States firms (including, but not limited to, any corporation,
    company, partnership, or other association) or by an affiliate
    of such United States firms in connection with capital projects
    financed by funds authorized under this Act.\797\
    ---------------------------------------------------------------------------
        \796\ Subsec. (d) was added by sec. 301(b) of the FA Act of 1964.
        \797\ This responsibility of the agency and its Administrator was
    transferred to the Director of IDCA, pursuant to sec. 6 of
    Reorganization Plan No. 2 of 1979 (establishing IDCA). The
    Reorganization Plan No. 2 of 1979 ceased to be effective with enactment
    of the Foreign Affairs Reform and Restructuring Act of 1998, pursuant
    to sec. 1422(a)(1) (division G of Public Law 105-277; 112 Stat. 2681).
    ---------------------------------------------------------------------------
        (e) \798\ (1) The Congress finds that significantly greater
    effort must be made in carrying out programs under part I of
    this Act to award contracts on the basis of competitive
    selection procedures. All such contracts should be let on the
    basis of competitive selection procedures except in those
    limited cases in which the procurement regulations governing
    the agency primarily responsible for administering part I of
    this Act allow noncompetitive procedures to be used.
    ---------------------------------------------------------------------------
        \798\ Subsec. (e) was added by sec. 501 of the International
    Development and Food Assistance Act of 1978 (Public Law 95-424; 92
    Stat. 956).
    ---------------------------------------------------------------------------
        (2) \799\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \799\ Par. (2), which had required certain information to be
    supplied to Congress within the congressional presentation materials
    for development assistance in fiscal years 1980 and 1981 concerning
    contracts entered into by AID without competitive selection procedures,
    was struck out by sec. 734(a)(1) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    ---------------------------------------------------------------------------
        Sec. 602.\800\ Small Business.--(a) Insofar as practicable
    and to the maximum extent consistent with the accomplishment of
    the purposes of this Act, the President shall assist American
    small business to participate equitably in the furnishing of
    commodities, defense articles, and services (including defense
    services) financed with funds made available under this Act--
    ---------------------------------------------------------------------------
        \800\ 22 U.S.C. 2352.
    ---------------------------------------------------------------------------
              (1) by causing to be made available to suppliers in
            the United States, and particularly to small
            independent enterprises, information, as far in advance
            as possible, with respect to purchases proposed to be
            financed with such funds;
              (2) by causing to be made available to prospective
            purchasers in the countries and areas receiving
            assistance under this Act information as to such
            commodities, articles, and services produced by small
            independent enterprises in the United States; and
              (3) by providing for additional services to give
            small business better opportunities to participate in
            the furnishing of such commodities, articles, and
            services financed with such funds.
        (b) There shall be an Office of Small Business, headed by a
    Special Assistant for Small Business, in such agency of the
    United States Government as the President may direct, to assist
    in carrying out the provisions of subsection (a) of this
    section.
        (c) The Secretary of Defense shall assure that there is
    made available to suppliers in the United States, and
    particularly to small independent enterprises, information with
    respect to purchases made by the Department of Defense pursuant
    to part II, such information to be furnished as far in advance
    as possible.
        Sec. 603.\801\ Shipping on United States Vessels.--The
    ocean transportation between foreign countries of commodities
    and defense articles purchased with foreign currencies made
    available or derived from funds made available under this Act
    or the Agricultural Trade Development and Assistance Act of
    1954 as amended (7 U.S.C. 1691 et seq.), and transfers of fresh
    fruit and products thereof under this Act shall not be governed
    by the provisions of section 901(b) of the Merchant Marine Act
    of 1936, as amended (46 U.S.C. 1241), or any other law relating
    to the ocean transportation of commodities on United States
    flag vessels.
    ---------------------------------------------------------------------------
        \801\ 22 U.S.C. 2353.
    ---------------------------------------------------------------------------
        Sec. 604.\802\ Procurement.--(a)(1) Limitations on
    Procurement Outside the United States.--Funds made available
    for assistance under this Act may be used by the President for
    procurement--
    ---------------------------------------------------------------------------
        \802\ 22 U.S.C. 2354. Sec. 597 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1993 (Public Law
    102-391; 106 Stat. 1694), restated sec. 604(a), which formerly read as
    follows:
        ``Procurement.--(a) Funds made available under this Act may be used
    for procurement outside the United States only if the President
    determines that such procurement will not result in adverse effects
    upon the economy of the United States or the industrial mobilization
    base, with special reference to any areas of labor surplus or to the
    net position of the United States in its balance of payments with the
    rest of the world, which outweigh the economic or other advantages to
    the United States of less costly procurement outside the United States,
    and only if the price of any commodity procured in bulk is lower than
    the market price prevailing in the United States at the time of
    procurement, adjusted for differences in the cost of transportation to
    destination, quality, and terms of payment.''.
        See also in the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001, sec. 545--Purchase of American-Made
    Equipment and Products.
    ---------------------------------------------------------------------------
              (A) only in the United States, the recipient country,
            or developing countries; or
              (B) in any other country but only if--
                      (i) the provision of such assistance requires
                    commodities or services of a type that are not
                    produced in and available for purchase in any
                    country specified in subparagraph (A); or
                      (ii) the President determines, on a case-by-
                    case basis, that procurement in such other
                    country is necessary--
                              (I) to meet unforeseen circumstances,
                            such as emergency situations, where it
                            is important to permit procurement in a
                            country not specified in subparagraph
                            (A); or
                              (II) to promote efficiency in the use
                            of United States foreign assistance
                            resources, including to avoid
                            impairment of foreign assistance
                            objectives.
        (2) For purposes of this subsection, the term ``developing
    countries'' shall not include advanced developing countries.
        (b) No funds made available under this Act shall be used
    for the purchase in bulk of any commodities at prices higher
    than the market price prevailing in the United States at the
    time of purchase, adjusted for differences in the cost of
    transportation to destination, quality, and terms of payment.
        (c) \803\ In providing for the procurement of any
    agricultural commodity or product thereof available for
    disposition under the Agricultural Trade Development and
    Assistance Act of 1954 as amended, for transfer by grant under
    this Act to any recipient country in accordance with its
    requirements, the President shall, insofar as practicable and
    when in furtherance of the purposes of this Act, authorize the
    procurement of such agricultural commodity only within the
    United States except to the extent that such agricultural
    commodity is not available in the United States in sufficient
    quantities to supply emergency requirements of recipients under
    this Act.
    ---------------------------------------------------------------------------
        \803\ Sec. 301(b)(1) of the FA Act of 1966 struck out the word
    ``surplus'' which appeared before the word ``agricultural'' in three
    places in this subsec. and inserted ``or product thereof available for
    disposition under the Agricultural Trade Development and Assistance Act
    of 1954, as amended,''. For text of the Agricultural Trade Development
    and Assistance Act, see Legislation on Foreign Relations Through 2000,
    vol. I-B.
    ---------------------------------------------------------------------------
        (d) In providing assistance in the procurement of
    commodities in the United States, United States dollars shall
    be made available for marine insurance on such commodities
    where such insurance is placed on a competitive basis in
    accordance with normal trade practice prevailing prior to the
    outbreak of World War II: Provided, That in the event a
    participating country, by statute, decree, rule, or regulation,
    discriminates against any marine insurance company authorized
    to do business in any State of the United States, then
    commodities purchased with funds provided hereunder and
    destined for such country shall be insured in the United States
    against marine risk with a company or companies authorized to
    do a marine insurance business in any State of the United
    States.
        (e) \804\ No funds made available under this Act shall be
    used for the procurement of any agricultural commodity or
    product thereof outside the United States when the domestic
    price of such commodity is less than parity, unless the
    commodity to be financed could not reasonably be produced in
    the United States in fulfillment of the objectives of a
    particular assistance program under which such commodity
    procurement is to be financed.
    ---------------------------------------------------------------------------
        \804\ Subsec. (e) was added by sec. 301(b)(2) of the FA Act of
    1966. The last phrase of subsec. (e), beginning with the words ``,
    unless the commodity * * *'', were added by sec. 705(a) of the
    International Security and Development Cooperation Act of 1980 (Public
    Law 96-593; 94 Stat. 3157).
    ---------------------------------------------------------------------------
        (f) \805\ No funds authorized to be made available to carry
    out part I of this Act shall be used under any commodity import
    program to make any payment to a supplier unless the supplier
    has certified to the agency primarily responsible for
    administering such part I, such information as such agency
    shall by regulation prescribe, including but not limited to, a
    description of the commodity supplied by him and its condition,
    and on the basis of such information such agency shall have
    approved such commodity as eligible and suitable for financing
    under this Act.
    ---------------------------------------------------------------------------
        \805\ Subsec. (f) was added by sec. 301(a) of the FA Act of 1968.
    ---------------------------------------------------------------------------
        (g) \806\ (1) None of the funds authorized to be
    appropriated or made available for obligation or expenditure
    under this Act may be made available for the procurement of
    construction or engineering services from advanced developing
    countries, eligible under the Geographic Code 941, which have
    attained a competitive capability in international markets for
    construction services or engineering services.
    ---------------------------------------------------------------------------
        \806\ Subsec. (g) was added by sec. 705(b) of the International
    Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
    Stat. 3158).
    ---------------------------------------------------------------------------
        (2) \807\ Paragraph (1) does not apply with respect to an
    advanced developing country which--
    ---------------------------------------------------------------------------
        \807\ Par. (2) was added by sec. 1207 of the International Security
    and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat.
    278).
    ---------------------------------------------------------------------------
              (A) is receiving direct economic assistance under
            chapter 1 of part I or chapter 4 of part II of this
            Act, and
              (B) if the country has its own foreign assistance
            programs which finance the procurement of construction
            or engineering services, permits United States firms to
            compete for those services.
        Sec. 605.\808\ Retention and Use of Certain Items and
    Funds.--(a) Any commodities and defense articles procured to
    carry out this Act shall be retained by, or upon reimbursement,
    transferred to, and for the use of, such agency of the United
    States Government as the President may determine in lieu of
    being disposed of to a foreign country or international
    organization, whenever in the judgment of the President the
    best interests of the United States will be served thereby or
    whenever such retention is called for by concurrent resolution.
    Any commodities or defense articles so retained may be disposed
    of without regard to provisions of law relating to the disposal
    of property owned by the United States Government, when
    necessary to prevent spoilage or wastage of such commodities or
    defense articles or to conserve the usefulness thereof. Funds
    realized from any disposal or transfer shall revert to the
    respective appropriation, fund, or account used to procure such
    commodities or defense articles or to the appropriation, fund,
    or account currently available for the same general purpose.
    ---------------------------------------------------------------------------
        \808\ 22 U.S.C. 2355. Sec. 301(a)(1) of the FA Act of 1965 inserted
    ``Certain Items and Funds'' for ``Items'' in the section heading.
    ---------------------------------------------------------------------------
        (b) Whenever commodities are transferred to the United
    States Government as repayment of assistance under this Act,
    such commodities may be used in furtherance of the purposes and
    within the limitations of this Act.
        (c) \809\ Funds realized as a result of any failure of a
    transaction financed under authority of part I of this Act to
    conform to the requirements of this Act, or to applicable rules
    and regulations of the United States Government, or to the
    terms of any agreement or contract entered into under authority
    of part I of this Act, shall revert to the respective
    appropriation, fund, or account used to finance such
    transaction or to the appropriation, fund, or account currently
    available for the same general purpose.
    ---------------------------------------------------------------------------
        \809\ Subsecs. (c) and (d) were added by sec. 301(a)(2) of the FA
    Act of 1965.
    ---------------------------------------------------------------------------
        (d) \809\ Funds realized by the United States Government
    from the sale, transfer, or disposal of defense articles
    returned to the United States Government by a recipient country
    or international organization as no longer needed for the
    purpose for which furnished shall be credited to the respective
    appropriation, fund, or account used to procure such defense
    articles or to the appropriation, fund, or account currently
    available for the same general purpose.
        Sec. 606.\810\ Patents and Technical Information.--(a)
    Whenever, in connection with the furnishing of assistance under
    this Act--
    ---------------------------------------------------------------------------
        \810\ 22 U.S.C. 2356.
    ---------------------------------------------------------------------------
              (1) an invention or discovery covered by a patent
            issued by the United States Government is practiced
            within the United States without the authorization of
            the owner, or
              (2) information, which is (A) protected by law, and
            (B) held by the United States Government subject to
            restrictions imposed by the owner, is disclosed by the
            United States Government or any of its officers,
            employees, or agents in violation of such restrictions,
    the exclusive remedy of the owner, except as provided in
    subsection (b) of this section, is to sue the United States
    Government for reasonable and entire compensation for such
    practice or disclosure in the district court of the United
    States for the district in which such owner is a resident, or
    in the United States Court of Federal Claims \811\ within six
    years after the cause of action arises. Any period during which
    the United States Government is in possession of a written
    claim under subsection (b) of this section before mailing a
    notice of denial of that claim does not count in computing the
    six years. In any such suit, the United States Government may
    plead any defense that may be pleaded by a private person in
    such an action. The last paragraph of section 1498(a) of title
    28 of the United States Code shall apply to inventions and
    information covered by this section.
    ---------------------------------------------------------------------------
        \811\ Reference to the United States Claims Court was inserted in
    lieu of a reference to the Court of Claims by sec. 160(a)(6) of the
    Federal Courts Improvement Act (Public Law 97-164; 96 Stat. 48).
    Subsequently, sec. 902(b) of Public Law 102-572 (106 Stat. 4516)
    provided that any reference, in law or in Federal documents, to the
    United States Claim Court should be deemed to be a reference to the
    United States Court of Federal Claims.
    ---------------------------------------------------------------------------
        (b) Before suit against the United States Government has
    been instituted, the head of the agency of the United States
    Government concerned may settle and pay any claim arising under
    the circumstances described in subsection (a) of this section.
    No claim may be paid under this subsection unless the amount
    tendered is accepted by the claimant in full satisfaction.
        (c) Funds appropriated pursuant to this Act shall not be
    expended by the United States Government for the acquisition of
    any drug product or pharmaceutical product manufactured outside
    the United States if the manufacture of such drug product or
    pharmaceutical product in the United States would involve the
    use of, or be covered by, an unexpired patent of the United
    States which has not previously been held invalid by an
    unappealed or unappealable judgment or decree of a court of
    competent jurisdiction, unless such manufacture is expressly
    authorized by the owner of such patent.
        Sec. 607.\812\ Furnishing of Services and Commodities.--(a)
    Whenever the President determines it to be consistent with and
    in furtherance of the purposes of part I and within the
    limitations of this Act, any agency of the United States
    Government is authorized to furnish services and commodities on
    an advance-of-funds or reimbursement basis to friendly
    countries, international organizations, the American Red Cross,
    and voluntary nonprofit relief agencies registered with and
    approved by the Agency for International Development \813\
    (including foreign voluntary nonprofit relief agencies so
    registered and approved when no United States voluntary
    nonprofit relief agency is available).\814\ Such advances or
    reimbursements may be credited to the currently applicable
    appropriation, account, or fund of the agency concerned and
    shall be available for the purposes for which such
    appropriation, account, or fund is authorized to be used, under
    the following circumstances:
    ---------------------------------------------------------------------------
        \812\ 22 U.S.C. 2357. Subsection designation ``(a)'' was added by
    sec. 301(b) of the FA Act of 1968. Presidential authority in sec. 607
    was delegated to the Secretary of State and to the Administrator of the
    Agency for International Development, respectively, for matters within
    their respective areas of responsibility, pursuant to a Presidential
    memorandum of February 16, 1995 (60 F.R. 10793).
        \813\ The reference to the Agency for International Development was
    substituted in lieu of a reference to the Advisory Committee on
    Voluntary Foreign Aid by sec. 121 of the International Development
    Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366).
        \814\ The parenthetical phrase was added by sec. 122(a) of the
    International Development and Food Assistance Act of 1977 (Public Law
    95-88; 91 Stat. 541). Subsec. (b) of sec. 122 further instructed the
    President to issue regulations ``governing registration with and
    approval by the Advisory Committee on Voluntary Foreign Aid of foreign
    nonprofit agencies.''.
    ---------------------------------------------------------------------------
              (1) Advances or reimbursements which are received
            under this section within one hundred and eighty days
            after the close of the fiscal year in which such
            services and commodities are delivered.
              (2) Advances or reimbursements received pursuant to
            agreements executed under this section in which
            reimbursement will not be completed within one hundred
            and eighty days after the close of the fiscal year in
            which such services and commodities are delivered:
            Provided, That such agreements require the payment of
            interest at the current rate established pursuant to
            section 2(b)(1)(B) of the Export-Import Bank Act of
            1945 (59 Stat. 526), and repayment of such principal
            and interest does not exceed a period of three years
            from the date of signing of the agreement to provide
            the service: Provided further, That funds available for
            this paragraph in any fiscal year shall not exceed
            $1,000,000 of the total funds authorized for use in
            such fiscal year by chapter 1 of part I of this Act,
            and shall be available only to the extent provided in
            appropriation Acts. Interest shall accrue as of the
            date of disbursement to the agency or organization
            providing such services.\815\
    ---------------------------------------------------------------------------
        \815\ Sec. 315 of Public Law 94-161 (89 Stat. 849) inserted the
    words to this point commencing with ``Such advances or reimbursements
    may be credited * * *'' in lieu of ``Such advances or reimbursements
    which are received under this section within one hundred and eighty
    days after the close of the fiscal year in which such services and
    commodities are delivered, may be credited to the current applicable
    appropriation, account, or fund of the agency concerned and shall be
    available for the purposes for which such appropriation, account, or
    fund is authorized to be used.''.
    ---------------------------------------------------------------------------
        (b) \816\ When any agency of the United States Government
    provides services on an advance-of-funds or reimbursable basis
    under this section, such agency may contract with individuals
    for personal service abroad or in the United States to perform
    such services or to replace officers or employees of the United
    States Government who are assigned by the agency to provide
    such services. Such individuals shall not be regarded as
    employees of the United States Government for the purpose of
    any law administered by the Civil Service Commission.\817\
    ---------------------------------------------------------------------------
        \816\ Sec. 522 of the International Development and Food Assistance
    Act of 1978 (Public Law 95-424; 92 Stat. 959) redesignated subsec. (b)
    (as added by FA Act of 1968) as subsec. (c) and added a new subsec.
    (b).
        \817\ Sec. 102 of the Reorganization Plan No. 2 of 1978 (43 F.R.
    36037; 92 Stat. 3783) transferred all functions vested by statute in
    the Civil Service Commission to the Director of the Office of Personnel
    Management.
    ---------------------------------------------------------------------------
        (c) \816\ (1) Except as provided in subsection (d),\818\ no
    Government-owned excess property shall be made available under
    this section, section 608, or otherwise in furtherance of the
    purposes of part I of this Act, unless, before the shipment of
    such property for use in a specified country (or transfer, if
    the property is already in such country), the agency
    administering such part I has approved such shipment (or
    transfer) and made a written determination--
    ---------------------------------------------------------------------------
        \818\ The words ``except as provided in subsec. (d),'' were added
    by sec. 129(1)(B) of the Foreign Relations Authorization Act, Fiscal
    Years 1986 and 1987 (Public Law 99-93; 99 Stat. 419). Sec. 129(1)(A) of
    the Act also redesignated pars. (1), (2) and (3) as (A), (B) and (C).
    ---------------------------------------------------------------------------
              (A) \818\ that there is a need for such property in
            the quantity requested and that such property is
            suitable for the purpose requested;
              (B) \818\ as to the status and responsibility of the
            designated end-user and his ability effectively to use
            and maintain such property; and
              (C) \818\ that the residual value, serviceability,
            and appearance of such property would not reflect
            unfavorably on the image of the United States and would
            justify the costs of packing, crating, handling,
            transportation, and other accessorial costs, and that
            the residual value at least equals the total of these
            costs.
        (d) \819\ The Secretary of State, acting through the
    Assistant Secretary of State for Oceans and International
    Environmental and Scientific Affairs, is authorized to transfer
    to any friendly country, international organization, the
    American Red Cross, or other voluntary nonprofit relief agency
    described in subsection (a), Government-owned excess property
    made available under this section or section 608 in order to
    support activities carried out under part I of this Act which
    are designed to enhance environmental protection in foreign
    countries if the Secretary of State makes a written
    determination--
    ---------------------------------------------------------------------------
        \819\ Subsec. (d) was added by sec. 129(2) of the Foreign Relations
    Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93; 99
    Stat. 419).
    ---------------------------------------------------------------------------
              (1) that there is a need for such property in the
            quantity requested and that such property is suitable
            for the purpose requested;
              (2) as to the status and responsibility of the
            designated end-user and his ability effectively to use
            and maintain such property; and
              (3) that the residual value, serviceability, and
            appearance of such property would not reflect
            unfavorably on the image of the United States and would
            justify the costs of packing, crating, handling,
            transportation, and other accessorial costs, and that
            the residual value at least equals the total of these
            costs.
        Sec. 608.\820\ Advance Acquisition of Property.--(a) It is
    the sense of the Congress that in furnishing assistance under
    part I excess personal property, or (if a substantial savings
    would occur) other property already owned by an agency of the
    United States Government, should be utilized wherever
    practicable in lieu of or supplementary to the procurement of
    new items for United States-assisted projects and
    programs.\821\ The President is authorized to maintain in a
    separate account, which shall, notwithstanding section 1210 of
    the General Appropriation Act, 1951 (64 Stat. 765), be free
    from fiscal year limitations, $5,000,000 of funds made
    available under chapter 1 of part I,\822\ which may be used to
    pay costs (including personnel costs) \823\ of acquisition,
    storage, renovation and rehabilitation, packing, crating,
    handling transportation, and related costs of property
    classified as domestic or foreign excess property pursuant to
    the Federal Property and Administrative Services Act of 1949,
    as amended (40 U.S.C. 471 et seq.), any property available from
    an agency of the United States Government \824\ or other
    property, in advance of known requirements therefor for use in
    furtherance of the purposes of part I: Provided, That the
    amount of property classified as domestic excess property
    pursuant to the Federal Property and Administrative Services
    Act of 1949, as amended, held at any one time pursuant to this
    section shall not exceed $15,000,000 in total original
    acquisition cost. Property acquired pursuant to the preceding
    sentence may be furnished (1) pursuant to any provision of part
    I for which funds are authorized for the furnishing of
    assistance, in which case the separate account established
    pursuant to this section shall be repaid from funds made
    available for such provision for all costs incurred, or (2)
    pursuant to section 607, in which case such separate account
    shall be repaid in accordance with the provisions of that
    section for all costs incurred.
    ---------------------------------------------------------------------------
        \820\ 22 U.S.C. 2358. Title II of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2001 (H.R. 5526, as
    introduced on October 24, 2000, enacted by reference in sec. 101(a) of
    Public Law 106-429; 114 Stat. 1900A-15), provided the following:
    ---------------------------------------------------------------------------

                             ``DEPARTMENT OF STATE

             ``INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
    ---------------------------------------------------------------------------
        ``For necessary expenses to carry out section 481 of the Foreign
    Assistance Act of 1961, $325,000,000: * * * Provided further, That
    during fiscal year 2001, the Department of State may also use the
    authority of section 608 of the Foreign Assistance Act of 1961, without
    regard to its restrictions, to receive excess property from an agency
    of the United States Government for the purpose of providing it to a
    foreign country under chapter 8 of part I of that Act subject to the
    regular notification procedures of the Committees on Appropriations.''.
        \821\ This sentence was added by sec. 301(b) of the FA Act of 1967.
    The phrases within the sentence of ``or (if substantial savings would
    occur) other property already owned by an agency of the United States
    Government,'' and ``or supplementary to'' were added by sec. 701(1) of
    the International Security and Development Cooperation Act of 1981
    (Public Law 97-113; 95 Stat. 1544).
        \822\ The words ``chapter 1 of part I'' were inserted in lieu of
    ``section 212'' by sec. 102(g)(2)(C) of the International Development
    and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942).
        \823\ The words ``(including personnel costs),'' were added by sec.
    301(c) of the FA Act of 1966.
        \824\ The words ``any property available from an agency of the
    United States Government,'' were added by sec. 701(2) of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1544).
    ---------------------------------------------------------------------------
        (b) Property classified as domestic excess property under
    the Federal Property and Administrative Services Act of 1949,
    as amended, shall not be transferred to the agency primarily
    responsible for administering part I for use pursuant to the
    provisions of part I or section 607 unless (1) such property is
    transferred for use exclusively by an agency of the United
    States Government, or (2) it has been determined in the same
    manner as provided for surplus property in section 203(j) of
    the Federal Property and Administrative Services Act of 1949,
    as amended, that such property is not needed for donation
    pursuant to that subsection. The foregoing restrictions shall
    not apply to the transfer in any fiscal year for use pursuant
    to the provisions of part I of amounts of such property with a
    total original acquisition cost to the United States Government
    not exceeding $45,000,000.
        Sec. 609.\825\ * * * [Repealed--1998]
    ---------------------------------------------------------------------------
        \825\ Formerly at 22 U.S.C. 2359. Sec. 533(a)(5) of the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1999 (division A, sec. 101(d) of Public Law 105-277; 112 Stat. 2681)
    repealed sec. 609, which had read as follows. See also footnote at sec.
    531(d) of this Act.
        ``Sec. 609. Special Account.--(a) In cases where any commodity is
    to be furnished on a grant basis under chapter 4 of part I under
    arrangements which will result in the accrual of proceeds to the
    recipient country from the sale thereof, the President shall require
    the recipient country to establish a Special Account, and
    ---------------------------------------------------------------------------

              ``(1) deposit in the Special Account, under terms and
            conditions as may be agreed upon, currency of the recipient
            country in amounts equal to such proceeds;
              ``(2) make available to the United States Government such
            portion of the Special Account as may be determined by the
            President to be necessary for the requirements of the United
            States Government: Provided, That such portion shall not be
            less than 10 per centum in the case of any country to which
            such minimum requirement has been applicable under any Act
            repealed by this Act; and
              ``(3) utilize the remainder of the Special Account for
            programs agreed to by the United States Government to carry out
            the purposes for which new funds authorized by this Act would
            themselves be available: Provided, That whenever funds from
            such Special Account are used by a country to make loans, all
            funds received in repayment of such loans prior to termination
            of assistance to such country shall be reused only for such
            purposes as shall have been agreed to between the country and
            the United States Government.
    ---------------------------------------------------------------------------
        ``(b) Any unencumbered balances of funds which remain in the
    Account upon termination of assistance to such country under this Act
    shall be disposed of for such purposes as may, subject to approval by
    Act of the Congress, be agreed to between such country and the United
    States Government.''.
    ---------------------------------------------------------------------------
        Sec. 610.\826\ Transfer Between Accounts.--(a) \827\
    Whenever the President determines it to be necessary for the
    purposes of this Act, not to exceed 10 per centum of the funds
    made available for any provision of this Act (except funds made
    available pursuant to title IV of chapter 2 of part I or for
    section 23 of the Arms Export Control Act) \828\ may be
    transferred to, and consolidated with, the funds made available
    for any \828\ provision of this Act, (except funds made
    available under chapter 2 of part II of this Act) \829\ and may
    be used for any of the purposes for which such funds may be
    used, except that the total in the provision for the benefit of
    which the transfer is made shall not be increased by more than
    20 per centum of the amount of funds made available for such
    provision.
    ---------------------------------------------------------------------------
        \826\ 22 U.S.C. 2360. Subsection designation ``(a)'' and subsec.
    (b) were added by sec. 301(a) of the FA Act of 1962.
        Title V of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October
    24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429;
    114 Stat. 1900A-24), provided the following:
    ---------------------------------------------------------------------------

                          ``TRANSFERS BETWEEN ACCOUNTS
    ---------------------------------------------------------------------------
        ``Sec. 509. None of the funds made available by this Act may be
    obligated under an appropriation account to which they were not
    appropriated, except for transfers specifically provided for in this
    Act, unless the President, prior to the exercise of any authority
    contained in the Foreign Assistance Act of 1961 to transfer funds,
    consults with and provides a written policy justification to the
    Committees on Appropriations of the House of Representatives and the
    Senate.''.
        \827\ On September 28, 2000, the President determined that:
        ``* * * it is necessary for the purposes of the Act that:
    ---------------------------------------------------------------------------

              ``--$2.466 million in funds made available pursuant to
            chapter 6 of part II of the Act for fiscal year 2000;
              ``--$2 million in funds made available pursuant to chapter 4
            of part II of the Act for prior fiscal years; and
              ``--$1.534 million in funds made available pursuant to
            section 23 of the Arms Export Control Act, as amended, for
            fiscal year 2000,
    ---------------------------------------------------------------------------
        ``be transferred to, and consolidated with, funds made available
    for chapter 3 of part I of the Act.
        ``In addition, pursuant to the authority vested in me by section
    614(a)(1) of the Act, I hereby determine that it is important to the
    security interests of the United States to furnish up to:
    ---------------------------------------------------------------------------

              ``--$20,307,000 in funds made available under the title II
            (Nonproliferation, Anti-Terrorism, Demining, and Related
            Programs) of the Foreign Operations, Export Financing, and
            Related Programs Appropriations Act, 2000, as enacted in Public
            Law 106-113; and
              ``--$9.1 million in funds made available pursuant to chapter
            3 of part I of the Act for fiscal year 2000, comprised of $6
            million in funds transferred pursuant to this determination and
            $3.1 million in funds otherwise available pursuant to chapter 3
            of part I of the Act,
    ---------------------------------------------------------------------------
        ``for assistance to KEDO [Korean Peninsula Energy Development
    Organization] without regard to any provision of law within the scope
    of section 614(a)(1) of the Act. I hereby authorize the funding of this
    assistance.'' (Presidential Determination No. 2000-13; 65 F.R. 59695).
        \828\ The parenthetical phrase was added by sec. 301 of the FA Act
    of 1969. Sec. 10(a) of the International Narcotics Control Act of 1990
    (Public Law 101-623; 104 Stat. 3356) inserted reference to sec. 23 of
    the Arms Export Control Act, but, in an enrolling error, this text was
    inserted inside the parenthesis. Should probably read ``* * * for any
    provision of this Act (except funds made available pursuant to title IV
    of chapter 2 of part I) or for section 23 of the Arms Export Control
    Act may be transferred to * * *''. Sec. 10 also struck out ``other'' at
    the place noted and provided that ``(b) The amendments made by
    subsection (a) apply with respect to funds made available for fiscal
    year 1991 or any fiscal year thereafter.''.
        \829\ The parenthetical phrase was added by sec. 19(a)(1) of the FA
    Act of 1974.
    ---------------------------------------------------------------------------
        (b) \826\ The authority contained in this section and in
    sections 451, 506,\830\ and 614 shall not be used to augment
    appropriations made available pursuant to sections 636(g)(1)
    and 637 or used otherwise to finance activities which normally
    would be financed from appropriations for administrative
    expenses.\831\
    ---------------------------------------------------------------------------
        \830\ Sec. 301(c) of the FA Act of 1967 inserted ``506'' for
    ``510''.
        \831\ The final sentence of subsec. (b), which had been amended by
    the FA Act of 1966, was repealed by sec. 10(b)(2) of the International
    Security Assistance Act of 1978 (Public Law 95-424; 92 Stat. 735). It
    formerly read as follows:
        ``Not to exceed $9,000,000 of the funds appropriated under section
    402 of this Act for any fiscal year may be transferred to and
    consolidated with appropriations made under section 637(a) of this Act
    for the same fiscal year, subject to the further limitation that funds
    so transferred shall be available solely for additional administrative
    expenses incurred in connection with programs in Vietnam.''.
    ---------------------------------------------------------------------------
        (c) \832\ Any funds which the President has notified
    Congress pursuant to section 653 that he intends to provide in
    military assistance to any country may be transferred to, and
    consolidated with, any other funds he has notified Congress
    pursuant to such section that he intends to provide to that
    country for development assistance purposes.
    ---------------------------------------------------------------------------
        \832\ Subsec. (c) was added by sec. 19(a)(2) of the FA Act of 1974.
    ---------------------------------------------------------------------------
        Sec. 611.\833\ Completion of Plans and Cost Estimates.--(a)
    No agreement or grant which constitutes an obligation of the
    United States Government in excess of $500,000 \834\ under
    section 1501 of title 31, United States Code,\835\ shall be
    made for any assistance authorized under chapter I of part I,
    title II of chapter 2 of part I, or chapter 4 of part II--
    \836\
    ---------------------------------------------------------------------------
        \833\ 22 U.S.C. 2361.
        \834\ Sec. 1208 of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 278), raised this
    amount from $100,000.
        \835\ This reference to 31 U.S.C. 1501 replaced an earlier
    reference to 31 U.S.C. 200.
        \836\ The words ``chapter 1 of part I, title II of chapter 2 of
    part I, or chapter 4 of part II'' were inserted in lieu of ``titles I,
    II, and VI of chapter 2 and chapter 4 of part I'' by sec. 102(g)(2)(D)
    of the International Development and Food Assistance Act of 1978
    (Public Law 95-424; 92 Stat. 943).
    ---------------------------------------------------------------------------
              (1) if such agreement or grant requires substantive
            technical or financial planning, until engineering,
            financial, and other plans necessary to carry out such
            assistance, and a reasonably firm estimate of the cost
            to the United States Government of providing such
            assistance, have been completed; and
              (2) if such agreement or grant requires legislative
            action within the recipient country, unless such
            legislative action may reasonably be anticipated to be
            completed in time to permit the orderly accomplishment
            of the purposes of such agreement or grant.
        (b) Plans required under subsection (a) of this section for
    any water or related land resource construction project or
    program shall include a computation of benefits and costs made
    insofar as practicable in accordance with the principles,
    standards, and procedures established pursuant to the Water
    Resources Planning Act \837\ (42 U.S.C. 1962, et seq.) or acts
    amendatory or supplementary thereto.
    ---------------------------------------------------------------------------
        \837\ The reference to this Act was added by sec. 1208(2) of Public
    Law 99-83 (99 Stat. 278), and replaced an earlier reference to a
    document entitled: ``Principles and Standards for Planning Water and
    Related Land Resources, dated October 25, 1973.''. The reference to the
    1973 document was substituted in lieu of a reference of the
    ``Memorandum of the President dated May 15, 1962'' by sec. 117 of the
    International Development Cooperation Act of 1979 (Public Law 96-53; 93
    Stat. 365). Previously, sec. 301(c) of the FA Act of 1963 had
    substituted the reference to the 1962 memorandum in lieu of a reference
    to ``circular A47 of the Bureau of the Budget.''.
    ---------------------------------------------------------------------------
        (c) To the maximum extent practicable, all contracts for
    construction outside the United States made in connection with
    any agreement or grant subject to subsection (a) of this
    section shall be made on a competitive basis.
        (d) Subsection (a) of this section shall not apply to any
    assistance furnished for the sole purpose of preparation of
    engineering, financial, and other plans.
        (e) \838\ In addition to any other requirements of this
    section, no assistance authorized under chapter 1 of part I,
    title II of chapter 2 of part I, or chapter 4 of part II \839\
    shall be furnished with respect to any capital assistance
    project estimated to cost in excess of $1,000,000 until the
    head of the agency primarily responsible for administering part
    I of the Act has received and taken into consideration a
    certification from the principal officer of such agency in the
    country in which the project is located as to the capability of
    the country (both financial and human resources) to effectively
    maintain and utilize the project taking into account among
    other things the maintenance and utilization of projects in
    such country previously financed or assisted by the United
    States.
    ---------------------------------------------------------------------------
        \838\ Subsec. (e) was added by sec. 301(d) of the FA Act of 1967.
        \839\ The words ``chapter 1 of part I, title 2 of chapter 2 of part
    I, or chapter 4 of part II'' were inserted in lieu of ``titles I, II,
    or VI of chapter 2 or chapter 4 of part I'' by sec. 102(g)(2)(E) of the
    International Development and Food Assistance Act of 1978 (Public Law
    95-424; 92 Stat. 943).
    ---------------------------------------------------------------------------
        Sec. 612.\840\ Use of Foreign Currencies.--(a) Except as
    otherwise provided in this Act or other Acts, foreign
    currencies received either (1) as a result of the furnishing of
    nonmilitary assistance under the Mutual Security Act of 1954,
    as amended, or any Act repealed thereby and unobligated on the
    date prior to the effective date of this Act, or (2) on or
    after the effective date of this Act, as a result of the
    furnishing of nonmilitary assistance under the Mutual Security
    Act of 1954, as amended, or any Act repealed thereby, or (3) as
    a result of the furnishing of assistance under part I, which
    are in excess of the amounts reserved under authority of
    section 105(d) of the Mutual Educational and Cultural Exchange
    Act of 1961 or any other Act relating to educational and
    cultural exchanges, may be sold by the Secretary of the
    Treasury to agencies of the United States Government for
    payment of their obligations outside the United States, and the
    United States dollars received as reimbursement shall be
    deposited into miscellaneous receipts of the Treasury. Foreign
    currencies so received which are in excess of the amounts so
    reserved and of the requirements of the United States
    Government in payment of its obligations outside the United
    States, as such requirements may be determined from time to
    time by the President, shall be available for the authorized
    purposes of part I in such amounts as may be specified from
    time to time in appropriation Acts.
    ---------------------------------------------------------------------------
        \840\ 22 U.S.C. 2362. Subsection designation ``(a)'' in sec. 612
    was added by sec. 301(d)(1) of the FA Act of 1963. See also sec. 532 of
    the Foreign Operations, Export Financing,and Related Programs
    Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000,
    enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat.
    1900A-32; 22 U.S.C. 2362 note), relating to separate accounts.
    ---------------------------------------------------------------------------
        (b) \841\ Any Act of Congress making appropriations to
    carry out programs under this or any other Act for United
    States operations abroad is hereby authorized to provide for
    the utilization of United States-owned excess foreign
    currencies to carry out any such operations authorized by law.
    ---------------------------------------------------------------------------
        \841\ Subsec. (b) was added by sec. 301(c) of the FA Act of 1964.
    Originally added as subsec. (c), it was redesignated by sec. 301(c) of
    the FA Act of 1964 and former subsec. (b) was redesignated as sec.
    104(t) of Public Law 480 (the latter has subsequently been transferred
    in part to sec. 103(m) of Public Law 480).
    ---------------------------------------------------------------------------
         \842\ As used in this subsection, the term ``excess
    foreign currencies'' means foreign currencies or credits owned
    by or owed to the United States which are, under applicable
    agreements with the foreign country concerned, available for
    the use of the United States Government and are determined by
    the President to be excess to the normal requirements of
    departments and agencies of the United States for such
    currencies or credits and are not prohibited from use under
    this subsection by an agreement entered into with the foreign
    country concerned.
    ---------------------------------------------------------------------------
        \842\ The first sentence of this paragraph was struck out by sec.
    301(b) of the FA Act of 1965. It read as follows: ``The President shall
    take all appropriate steps to assure that, to the maximum extent
    possible, United States-owned excess foreign currencies are utilized in
    lieu of dollars.''.
    ---------------------------------------------------------------------------
        The President shall take all appropriate steps to assure
    that, to the maximum extent possible, United States-owned
    foreign currencies are utilized in lieu of dollars. Dollar
    funds made available pursuant to this Act shall not be expended
    for goods and services when United States-owned foreign
    currencies are available for such purposes unless the
    administrative official approving the voucher certifies as to
    the reason for the use of dollars in each case.\843\
    ---------------------------------------------------------------------------
        \843\ This paragraph was added by sec. 301(b) of the FA Act of
    1965.
    ---------------------------------------------------------------------------
        (c) \844\ In addition to funds otherwise available, excess
    foreign currencies, as defined in subsection (b), may be made
    available to friendly foreign governments and to private,
    nonprofit United States organizations to carry out voluntary
    family planning programs in countries which request such
    assistance. No such program shall be assisted unless the
    President has received assurances that in the administration of
    such program the recipient will take reasonable precautions to
    insure that no person receives any family planning assistance
    or supplies unless he desires such services. The excess foreign
    currencies made available under this subsection shall not, in
    any one year, exceed 5 per centum of the aggregate of all
    excess foreign currencies. As used in this subsection, the term
    ``voluntary family planning program'' includes, but is not
    limited to, demographic studies, medical and psychological
    research, personnel training, the construction and staffing of
    clinics and rural health centers, specialized training of
    doctors and paramedical personnel, the manufacture of medical
    supplies, and the dissemination of family planning information,
    medical assistance, and supplies to individuals who desire such
    assistance.
    ---------------------------------------------------------------------------
        \844\ Subsec. (c) was added by sec. 301(e) of the FA Act of 1966.
    ---------------------------------------------------------------------------
        (d) \845\ In furnishing assistance under this Act to the
    government of any country in which the United States owns
    excess foreign currencies as defined in subsection (b) of this
    section, except those currencies generated under the
    Agricultural Trade Development and Assistance Act of 1954, as
    amended,\846\ the President shall endeavor to obtain from the
    recipient country an agreement for the release, on such terms
    and conditions as the President shall determine, of an amount
    of such currencies up to the equivalent of the dollar value of
    assistance furnished by the United States for programs as may
    be mutually agreed upon by the recipient country and the United
    States to carry out the purposes for which new funds authorized
    by this Act would themselves be available.
    ---------------------------------------------------------------------------
        \845\ Subsec. (d) was added by sec. 302 of the FA Act of 1969.
        \846\ For text, see Legislation on Foreign Relations Through 2000,
    vol. I-B.
    ---------------------------------------------------------------------------
        Sec. 613.\847\ Accounting, Valuation, Reporting, and
    Administration of Foreign Currencies.\848\--(a) Under the
    direction of the President, the Secretary of the Treasury shall
    have responsibility for valuation and central accounting with
    respect to foreign credits (including currencies) owed to or
    owned by the United States. In order to carry out such
    responsibility the Secretary shall issue regulations binding
    upon all agencies of the Government.
    ---------------------------------------------------------------------------
        \847\ 22 U.S.C. 2363.
        \848\ Sec. 301(c)(1) of the FA Act of 1965 inserted ``Accounting,
    Valuation, Reporting, and Administration of Foreign Currencies'' for
    ``Accounting, Valuation, and Reporting of Foreign Currencies''.
    ---------------------------------------------------------------------------
        (b) The Secretary of the Treasury shall have sole authority
    to establish for all foreign currencies or credits the exchange
    rates at which such currencies are to be reported by all
    agencies of the Government.
        (c) \849\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \849\ Subsec. (c), as amended by sec. 46 of Public Law 94-273, was
    repealed by sec. 734(a)(1) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    Subsec. (c) had required a semiannual report to the Congress on the
    amount of all foreign currencies acquired without payment of dollars on
    hand for each foreign country. Such information is now required on an
    annual basis as part of the report required under sec. 634(a) of this
    Act.
    ---------------------------------------------------------------------------
        (d) \850\ In cases where assistance is to be furnished to
    any recipient country in furtherance of the purposes of this or
    any other Act on a basis which will result in the accrual of
    foreign currency proceeds to the United States, the Secretary
    of the Treasury shall issue regulations requiring that
    agreements, in respect of such assistance, include provisions
    for the receipt of interest income on the foreign currency
    proceeds deposited in authorized depositories: Provided, That
    whenever the Secretary of State determines it not to be in the
    national interest to conclude arrangements for the receipt of
    interest income he may waive the requirement thereof: Provided
    further, That the Secretary of State, or his delegate, shall
    promptly make a complete report to the Congress on each such
    determination and the reasons therefor.
    ---------------------------------------------------------------------------
        \850\ Subsec. (d) was added by sec. 301(c)(2) of the FA Act of
    1965.
    ---------------------------------------------------------------------------
        Sec. 614.\851\ Special Authorities.--(a) \852\ (1) The
    President may authorize the furnishing of assistance under this
    Act without regard to any provision of this Act, the Arms
    Export Control Act, any law relating to receipts and credits
    accruing to the United States, and any Act authorizing or
    appropriating funds for use under this Act, in furtherance of
    any of the purposes of this Act, when the President determines,
    and so notifies in writing the Speaker of the House of
    Representatives and the chairman of the Committee on Foreign
    Relations of the Senate, that to do so is important to the
    security interests of the United States.\853\
    ---------------------------------------------------------------------------
        \851\ 22 U.S.C. 2364. In the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced
    on October 24, 2000, enacted by reference in sec. 101(a) of Public Law
    106-429; 114 Stat. 1900)), see also sec. 502, prohibiting bilateral
    funding for international financial institutions, and sec. 598, related
    to population planning funds.
        \852\ Subsec. (a), as amended by the FA Act of 1966 and the FA Act
    of 1967, was further amended and restated by sec. 117(a) of the
    International Security and Development Cooperation Act of 1980 (Public
    Law 96-533; 94 Stat. 3140), and by sec. 128 of the International
    Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
    Stat. 209). It formerly read as follows:
        ``(a) The President may authorize in each fiscal year the use of
    funds made available for use under this Act and the furnishing of
    assistance under section 506 in a total amount not to exceed
    $250,000,000 and the use of not to exceed $100,000,000 of foreign
    currencies accruing under this Act or any other law without regard to
    the requirements of this Act, any law relating to receipts and credits
    accruing to the United States, any Act appropriating funds for use
    under this Act, or the Mutual Defense Assistance Control Act of 1951
    (22 U.S.C. 1611 et seq.), in furtherance of any of the purposes of such
    Acts, when the President determines that such authorization is
    important to the security of the United States. Not more than
    $50,000,000 of the funds available under this subsection may be
    allocated to any one country in any fiscal year. The limitation
    contained in the preceding sentence shall not apply to any country
    which is a victim of active Communist or Communist-supported
    aggression. The authority of this section shall not be used to waive
    the limitations on transfers contained in section 610(a) of this
    Act.''.
        \853\ In a memorandum of September 28, 2000, the President
    determined ``that it is important to the security interests of the
    United States to furnish up to $20,307,000 in funds made available
    under the title II (Nonproliferation, Anti-Terrorism, Demining and
    Related Programs) of the Foreign Operations, Export Financing,and
    Related Programs Appropriations Act, 2000, as enacted in Public Law
    106-113; and $9.1 million in funds made available pursuant to chapter 3
    of part I of the Act for fiscal year 2000, comprised of $6 million in
    funds transferred pursuant to this determination and $3.1 million in
    funds otherwise available pursuant to chapter 3 of part I of the Act,
    for assistance for KEDO without regard to any provision of law within
    the scope of section 614(a)(1). I hereby authorize the furnishing of
    such assistance.'' (Presidential Determination No. 2000-31; 65 F.R.
    59695).
    ---------------------------------------------------------------------------
        (2) The President may make sales, extend credit, and issue
    guarantees under the Arms Export Control Act, without regard to
    any provision of this Act, the Arms Export Control Act, any law
    relating to receipts and credits accruing to the United States,
    and any Act authorizing or appropriating funds for use under
    the Arms Export Control Act, in furtherance of any of the
    purposes of such Act, when the President determines, and so
    notifies in writing the Speaker of the House of Representatives
    and the chairman of the Committee on Foreign Relations of the
    Senate, that to do so is vital to the national security
    interests of the United States.
        (3) Before exercising the authority granted in this
    subsection, the President shall consult with, and shall provide
    a written policy justification to, the Committee on Foreign
    Affairs \854\ and the Committee on Appropriations of the House
    of Representatives and the Committee on Foreign Relations and
    the Committee on Appropriations of the Senate.
    ---------------------------------------------------------------------------
        \854\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
        (4) \855\ (A) The authority of this subsection may not be
    used in any fiscal year to authorize--
    ---------------------------------------------------------------------------
        \855\ Subsec. (a)(4) was amended and restated by sec. 128 of the
    International Security and Development Cooperation Act of 1985 (Public
    Law 99-83; 99 Stat. 206). It formerly read as follows:
        ``(4) The authority of this subsection may not be used to authorize
    the use of more than $250,000,000 of funds made available for use under
    this Act or the Arms Export Control Act, or the use of more than
    $100,000,000 of foreign currencies accruing under this Act or any other
    law, in any fiscal year. Not more than $50,000,000 of the funds
    available under this subsection may be allocated to any one country in
    any fiscal year, unless such country is a victim of active Communist or
    Communist-supported aggression.''.
    ---------------------------------------------------------------------------
              (i) more than $750,000,000 in sales to be made under
            the Arms Export Control Act;
              (ii) the use of more than $250,000,000 of funds made
            available for use under this Act or the Arms Export
            Control Act; and
              (iii) the use of more than $100,000,000 of foreign
            currencies accruing under this Act or any other law.
        (B) If the authority of this subsection is used both to
    authorize a sale under the Arms Export Control Act and to
    authorize funds to be used under the Arms Export Control Act or
    under this Act with respect to the financing of that sale, then
    the use of the funds shall be counted against the limitation in
    subparagraph (A)(ii) and the portion, if any, of the sale which
    is not so financed shall be counted against the limitation in
    subparagraph (A)(i).
        (C) Not more than $50,000,000 of the $250,000,000
    limitation provided in subparagraph (A)(ii) may be allocated to
    any one country in any fiscal year unless that country is a
    victim of active \856\ aggression, and not more than
    $500,000,000 of the aggregate limitation of $1,000,000,000
    provided in subparagraphs (A)(i) and (A)(ii) may be allocated
    to any one country in any fiscal year.
    ---------------------------------------------------------------------------
        \856\ Sec. 705(2) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2317) struck out ``Communist or Communist-supported'' at this
    point.
    ---------------------------------------------------------------------------
        (5) The authority of this section may not be used to waive
    the limitations on transfers contained in section 610(a) of
    this Act.
        (b) Whenever the President determines it to be important to
    the national interest, he may use funds available for the
    purposes of chapter 4 of part I in order to meet the
    responsibilities or objectives of the United States in Germany,
    including West Berlin, and without regard to such provisions of
    law as he determines should be disregarded to achieve this
    purpose.
        (c) The President is authorized to use amounts not to
    exceed $50,000,000 of the funds made available under this Act
    pursuant to his certification that it is inadvisable to specify
    the nature of the use of such funds, which certification shall
    be deemed to be a sufficient voucher for such amounts.\857\ The
    President shall fully inform the chairman and ranking minority
    member of the Committee on Foreign Affairs \854\ of the House
    of Representatives and the chairman and ranking minority member
    of the Committee on Foreign Relations of the Senate of each use
    of funds under this subsection prior to the use of such
    funds.\858\
    ---------------------------------------------------------------------------
        \857\ See also secs. 624(d)(7) [repealed--1978; see note] and
    636(a)(8) of this Act.
        \858\ The last sentence was added by sec. 30(g) of the FA Act of
    1966. This sentence was amended and restated by sec. 8 of the Anti-
    Terrorism and Arms Export Amendments Act of 1989 (Public Law 101-222;
    103 Stat. 1899). It formerly read as follows: ``The President shall
    promptly and fully inform the Speaker of the House of Representatives
    and the chairman and ranking minority member of the Committee on
    Foreign Relations of the Senate of each use of funds under this
    subsection.''.
    ---------------------------------------------------------------------------
        Sec. 615.\859\ Contract Authority.--Provisions of this Act
    authorizing the appropriation of funds shall be construed to
    authorize the granting in any appropriation Act of authority to
    enter into contracts, within the amounts so authorized to be
    appropriated, creating obligations in advance of
    appropriations.
    ---------------------------------------------------------------------------
        \859\ 22 U.S.C. 2365.
    ---------------------------------------------------------------------------
        Sec. 616.\860\ Availability of Funds.--Except as otherwise
    provided in this Act, funds shall be available to carry out the
    provisions of this Act as authorized and appropriated to the
    President each fiscal year.
    ---------------------------------------------------------------------------
        \860\ 22 U.S.C. 2366.
    ---------------------------------------------------------------------------

    SEC. 617.\861\ TERMINATION EXPENSES.

        (a) In General.--Funds made available under this Act and
    the Arms Export Control Act, may remain available for
    obligation for a period not to exceed 8 months from the date of
    any termination of assistance under such Acts for the necessary
    expenses of winding up programs related to such termination and
    may remain available until expended. Funds obligated under the
    authority of such Acts prior to the effective date of the
    termination of assistance may remain available for expenditure
    for the necessary expenses of winding up programs related to
    such termination notwithstanding any provision of law
    restricting the expenditure of funds. In order to ensure the
    effectiveness of such assistance, such expenses for orderly
    termination of programs may include the obligation and
    expenditure of funds to complete the training or studies
    outside their countries of origin of students whose course of
    study or training program began before assistance was
    terminated.
    ---------------------------------------------------------------------------
        \861\ 22 U.S.C. 2367. Sec. 302 of the Global AIDS and Tuberculosis
    Relief Act of 2000 (Public Law 106-264; 114 Stat. 760) amended and
    restated sec. 617. It previously read, as amended, as follows:
        ``Sec. 617. Termination of Assistance.--Assistance under any
    provision of this Act may, unless sooner terminated by the President,
    be terminated by concurrent resolution. Funds made available under this
    Act shall remain available for a period not to exceed eight months from
    the date of termination of assistance under this Act for the necessary
    expenses of winding up programs related thereto. In order to ensure the
    effectiveness of assistance under this Act, such expenses for orderly
    termination of programs may include the obligation and expenditure of
    funds to complete the training or studies outside their countries of
    origin of students whose course of study or training program began
    before assistance was terminated. Such expenses for orderly termination
    of programs under the Arms Export Control Act may include the
    obligation and expenditure of funds to complete the training or studies
    outside the countries of origin of students whose course of study or
    training program began before assistance was terminated, as long as the
    origin country's termination was not a result of activities beyond
    default of financial responsibilities.''.
    ---------------------------------------------------------------------------
        (b) Liability to Contractors.--For the purpose of making an
    equitable settlement of termination claims under extraordinary
    contractual relief standards, the President is authorized to
    adopt as a contract or other obligation of the United States
    Government, and assume (in whole or in part) any liabilities
    arising thereunder, any contract with a United States or third-
    country contractor that had been funded with assistance under
    such Acts prior to the termination of assistance.
        (c) Termination Expenses.--Amounts certified as having been
    obligated for assistance subsequently terminated by the
    President, or pursuant to any provision of law, shall continue
    to remain available and may be reobligated to meet any
    necessary expenses arising from the termination of such
    assistance.
        (d) Guaranty Programs.--Provisions of this or any other Act
    requiring the termination of assistance under this or any other
    Act shall not be construed to require the termination of
    guarantee commitments that were entered into prior to the
    effective date of the termination of assistance.
        (e) Relation to Other Provisions.--Unless specifically made
    inapplicable by another provision of law, the provisions of
    this section shall be applicable to the termination of
    assistance pursuant to any provision of law.
        Sec. 618.\862\ Use of Settlement Receipts. * * *
    [Repealed--1978]
    ---------------------------------------------------------------------------
        \862\ Secs. 618 and 619 were repealed by sec. 604 of the
    International Development and Food Assistance Act of 1978 (Public Law
    95-424; 92 Stat. 961).
    ---------------------------------------------------------------------------
        Sec. 619.\862\ Assistance to Newly Independent Countries. *
    * * [Repealed--1978]
        Sec. 620.\863\ Prohibitions Against Furnishing
    Assistance.\864\--(a)(1) \865\ No assistance shall be furnished
    under this Act to the present government of Cuba.\866\ As an
    additional means of implementing and carrying into effect the
    policy of the preceding sentence, the President is authorized
    to establish and maintain a total embargo upon all trade
    between the United States and Cuba.
    ---------------------------------------------------------------------------
        \863\ 22 U.S.C. 2370. Sec. 204 of the Cuban Liberty and Democratic
    Solidarity (LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 810;
    22 U.S.C. 6064) provided the following:
        ``SEC. 204. TERMINATION OF THE ECONOMIC EMBARGO OF CUBA.
        ``(a) Presidential Actions.--Upon submitting a determination to the
    appropriate congressional committees under section 203(c)(1) that a
    transition government in Cuba is in power, the President, after
    consultation with the Congress, is authorized to take steps to suspend
    the economic embargo of Cuba and to suspend the right of action created
    in section 302 with respect to actions thereafter filed against the
    Cuban Government, to the extent that such steps contribute to a stable
    foundation for a democratically elected government in Cuba.
        ``(b) Suspension of Certain Provisions of Law.--In carrying out
    subsection (a), the President may suspend the enforcement of--
    ---------------------------------------------------------------------------

              ``(1) section 620(a) of the Foreign Assistance Act of 1961
            (22 U.S.C. 2370(a));
              ``(2) section 620(f) of the Foreign Assistance Act of 1961
            (22 U.S.C. 2370(f)) with respect to the ``Republic of Cuba'';
              ``(3) sections 1704, 1705(d), and 1706 of the Cuban Democracy
            Act of 1992 (22 U.S.C. 6003, 6004(d), and 6005);
              ``(4) section 902(c) of the Food Security Act of 1985; and
              ``(5) the prohibitions on transactions described in part 515
            of title 31, Code of Federal Regulations.
    ---------------------------------------------------------------------------
        ``(c) Additional Presidential Actions.--Upon submitting a
    determination to the appropriate congressional committees under section
    203(c)(3) that a democratically elected government in Cuba is in power,
    the President shall take steps to terminate the economic embargo of
    Cuba, including the restrictions under part 515 of title 31, Code of
    Federal Regulations.
        ``(d) Conforming Amendments.--On the date on which the President
    submits a determination under section 203(c)(3)--
    ---------------------------------------------------------------------------

              ``(1) section 620(a) of the Foreign Assistance Act of 1961
            (22 U.S.C. 2370(a)) is repealed;
              ``(2) section 620(f) of the Foreign Assistance Act of 1961
            (22 U.S.C. 2370(f)) is amended by striking ``Republic of
            Cuba'';
              ``(3) sections 1704, 1705(d), and 1706 of the Cuban Democracy
            Act of 1992 (22 U.S.C. 6003, 6004(d), and 6005) are repealed;
            and
              ``(4) section 902(c) of the Food Security Act of 1985 is
            repealed.
    ---------------------------------------------------------------------------
        ``(e) Review of Suspension of Economic Embargo.--
    ---------------------------------------------------------------------------

              ``(1) Review.--If the President takes action under subsection
            (a) to suspend the economic embargo of Cuba, the President
            shall immediately so notify the Congress. The President shall
            report to the Congress no less frequently than every 6 months
            thereafter, until he submits a determination under section
            203(c)(3) that a democratically elected government in Cuba is
            in power, on the progress being made by Cuba toward the
            establishment of such a democratically elected government. The
            action of the President under subsection (a) shall cease to be
            effective upon the enactment of a joint resolution described in
            paragraph (2).
              ``(2) Joint Resolutions.--For purposes of this subsection,
            the term `joint resolution' means only a joint resolution of
            the 2 Houses of Congress, the matter after the resolving clause
            of which is as follows: `That the Congress disapproves the
            action of the President under section 204(a) of the Cuban
            Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to
            suspend the economic embargo of Cuba, notice of which was
            submitted to the Congress on ________.', with the blank space
            being filled with the appropriate date.
              ``(3) Referral to committees.--Joint resolutions introduced
            in the House of Representatives shall be referred to the
            Committee on International Relations and joint resolutions
            introduced in the Senate shall be referred to the Committee on
            Foreign Relations.
              ``(4) Procedures.--(A) Any joint resolution shall be
            considered in the Senate in accordance with the provisions of
            section 601(b) of the International Security Assistance and
            Arms Export Control Act of 1976.
              ``(B) For the purpose of expediting the consideration and
            enactment of joint resolutions, a motion to proceed to the
            consideration of any joint resolution after it has been
            reported by the appropriate committee shall be treated as
            highly privileged in the House of Representatives.
              ``(C) Not more than 1 joint resolution may be considered in
            the House of Representatives and the Senate in the 6-month
            period beginning on the date on which the President notifies
            the Congress under paragraph (1) of the action taken under
            subsection (a), and in each 6-month period thereafter.''.
    ---------------------------------------------------------------------------
        \864\ Sec. 301(d)(1) of the FA Act of 1965 inserted ``Prohibitions
    Against Furnishing Assistance.--'' for ``Prohibitions Against
    Furnishing Assistance to Cuba and Certain Other Countries.--''.
        \865\ Sec. 301(e)(1)(A) of the FA Act of 1963 inserted ``(1)''
    after subsec. (a).
        \866\ The phrase, ``; nor shall any such assistance be furnished to
    any country which furnishes assistance to the present government of
    Cuba unless the President determines that such assistance is in the
    national interest of the United States'', which formerly appeared at
    this point, was struck out by sec. 123(a)(1) of the International
    Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat.
    541).
    ---------------------------------------------------------------------------
        (2) \867\ Except as may be deemed necessary by the
    President in the interest of the United States, no assistance
    shall be furnished under this Act to any government of Cuba,
    nor shall Cuba be entitled to receive any quota authorizing the
    importation of Cuban sugar into the United States or to receive
    any other benefit under any law of the United States, until the
    President determines that such government has taken appropriate
    steps according to international law standards to return to
    United States citizens, and to entities not less than 50 per
    centum beneficially owned by United States citizens, or to
    provide equitable compensation to such citizens and entities
    for property taken from such citizens and entities on or after
    January 1, 1959, by the Government of Cuba.
    ---------------------------------------------------------------------------
        \867\ Pars. (2) and (3) were added by sec. 301(e)(1)(B) of the FA
    Act of 1963. Paragraph (3), restricting shipments to Cuba, was
    subsequently repealed by sec. 123(a)(2) of the International
    Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat.
    541).
    ---------------------------------------------------------------------------
        (b) \868\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \868\ Subsec. (b) was repealed by sec. 734(a)(1) of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1560). It previously read as follows:
        ``(B) No assistance shall be furnished under this Act to the
    government of any country unless the President determines that such
    country is not dominated or controlled by the international Communist
    movement.''.
    ---------------------------------------------------------------------------
        (c) \869\ No assistance shall be provided under this Act to
    the government of any country which is indebted to any United
    States citizen or person for goods or services furnished or
    ordered where (i) such citizen or person has exhausted
    available legal remedies, which shall include arbitration, or
    (ii) the debt is not denied or contested by such government, or
    (iii) such indebtedness arises under an unconditional guaranty
    of payment given by such government, or any predecessor
    government, directly or indirectly, through any controlled
    entity: Provided, That the President does not find such action
    contrary to the national security.
    ---------------------------------------------------------------------------
        \869\ Subsec. (c) was amended by sec. 301(d)(2) of the FA Act of
    1962. It formerly read as follows:
        ``(c) No assistance shall be provided under this Act to the
    government of any country which is indebted to any United States
    citizen for goods or services furnished, where such citizen has
    exhausted available legal remedies and the debt is not denied or
    contested by such government.''.
    ---------------------------------------------------------------------------
        (d) No assistance shall be furnished on a loan basis under
    chapter 1 of part I \870\ of this Act for construction or
    operation of any productive enterprise in any country where
    such enterprise will compete with United States enterprise
    unless such country has agreed that it will establish
    appropriate procedures to prevent the exportation for use or
    consumption in the United States of more than 20 per centum of
    the annual production of such facility during the life of the
    loan. In case of failure to implement such agreement by the
    other contracting party, the President is authorized to
    establish necessary import controls to effectuate the
    agreement. The restrictions imposed by or pursuant to this
    subsection may be waived by the President where he determines
    that such waiver is in the national security interest.
    ---------------------------------------------------------------------------
        \870\ The words ``on a loan basis under chapter 1 of part I'' were
    inserted in lieu of ``under section 201'' by sec. 102(g)(2)(F) of the
    International Development and Food Assistance Act of 1978 (Public Law
    95-424; 92 Stat. 943).
    ---------------------------------------------------------------------------
        (e) \871\ (1) \872\ The President shall suspend assistance
    to the government of any country to which assistance is
    provided under this or any other Act when the government of
    such country or any government agency or subdivision within
    such country on or after January 1, 1962--
    ---------------------------------------------------------------------------
        \871\ Subsec. (e) was added by sec. 301(d)(3) of the FA Act of 1962
    and was amended by sec. 301(e)(2) of the FA Act of 1963 and by secs.
    301(d)(1) and (2) of the FA Act of 1964.
        \872\ Subsec. (e)(1) is popularly referred to as the Hickenlooper
    amendment. Paragraph designation ``(1)'' was added by sec. 301(d)(1) of
    the FA Act of 1964.
        Sec. 5(b) of the Africa Famine Relief and Recovery Act of 1985
    (Public Law 99-8; 99 Stat. 22), permitted assistance with funds
    appropriated by the Act without regard to sec. 620(e)(1). For text, see
    Legislation on Foreign Relations Through 2000, vol. I-B.
    ---------------------------------------------------------------------------
              (A) \873\ has nationalized or expropriated or seized
            ownership or control of property owned by any United
            States citizen or by any corporation, partnership, or
            association not less than 50 per centum beneficially
            owned by United States citizens, or
    ---------------------------------------------------------------------------
        \873\ Sec. 301(d)(2) of the FA Act of 1964 redesignated subpars.
    (1), (2), and (3) as subpars. (A), (B), and (C), respectively.
    ---------------------------------------------------------------------------
              (B) \873\ has taken steps to repudiate or nullify
            existing contracts or agreements with any United States
            citizen or any corporation, partnership, or association
            not less than 50 per centum beneficially owned by
            United States citizens, or
              (C) \873\ has imposed or enforced discriminatory
            taxes or other exactions, or restrictive maintenance or
            operational conditions, or has taken other actions,
            which have the effect of nationalizing, expropriating,
            or otherwise seizing ownership or control of property
            so owned,
    and such country, government agency, or government subdivision
    fails within a reasonable time (not more than six months after
    such action, or, in the event of a referral to the Foreign
    Claims Settlement Commission of the United States within such
    period as provided herein, not more than twenty days after the
    report of the Commission is received) to take appropriate
    steps, which may include arbitration, to discharge its
    obligations under international law toward such citizen or
    entity, including speedy compensation for such property in
    convertible foreign exchange, equivalent to the full value
    thereof, as required by international law, or fails to take
    steps designed to provide relief from such taxes, exactions, or
    conditions, as the case may be; and such suspension shall
    continue until the President is satisfied that appropriate
    steps are being taken, and the provisions of this subsection
    shall not be waived with respect to any country unless the
    President determines and certifies that such a waiver is
    important to the national interests of the United States. Such
    certification shall be reported immediately to Congress.\874\
    ---------------------------------------------------------------------------
        \874\ The words to this point, beginning with ``the provisions of
    this subsection * * *'' were inserted in lieu of ``no other provision
    of this Act shall be construed to authorize the President to waive the
    provisions of this subsection,'' by sec. 15 of the FA Act of 1973.
    ---------------------------------------------------------------------------
        Upon request of the President (within seventy days after
    such action referred to in subparagraphs (A), (B), or (C) of
    paragraph (1) \875\ of this section), the Foreign Claims
    Settlement Commission of the United States (established
    pursuant to Reorganization Plan No. 1 of 1954, 68 Stat. 1279)
    is hereby authorized to evaluate expropriated property,
    determining the full value of any property nationalized,
    expropriated, or seized, or subject to discriminatory or other
    actions as aforesaid, for purposes of this subsection and to
    render an advisory report to the President within ninety days
    after such request. Unless authorized by the President, the
    Commission shall not publish its advisory report except to the
    citizen or entity owning such property. There is hereby
    authorized to be appropriated such amount, to remain available
    until expended, as may be necessary from time to time to enable
    the Commission to carry out expeditiously its functions under
    this subsection.
    ---------------------------------------------------------------------------
        \875\ Sec. 301(d)(3) of the FA Act of 1964 inserted ``subparagraphs
    (A), (B), or (C) of paragraph (1)'' in lieu of ``paragraphs (1), (2),
    or (3)''.
    ---------------------------------------------------------------------------
        (2) \876\ Notwithstanding any other provision of law, no
    court in the United States shall decline on the ground of the
    federal act of state doctrine to make a determination on the
    merits giving effect to the principles of international law in
    a case in which claim of title or other right to property \877\
    is asserted by any party including a foreign state (or a party
    claiming through such state) based upon (or traced through) a
    confiscation or other taking after January 1, 1959, by an act
    of that state in violation of the principles of international
    law, including the principles of compensation and the other
    standards set out in this subsection: Provided, That this
    subparagraph shall not be applicable (1) in any case in which
    an act of a foreign state is not contrary to international law
    or with respect to a claim of title or other right to property
    acquired pursuant to an irrevocable letter of credit of not
    more than 180 days duration issued in good faith prior to the
    time of the confiscation or other taking, or (2) in any case
    with respect to which the President determines that application
    of the act of state doctrine is required in that particular
    case by the foreign policy interests of the United States and a
    suggestion to this effect is filed on his behalf in that case
    with the court.\878\
    ---------------------------------------------------------------------------
        \876\ Par. (2) was added by sec. 301(d)(4) of the FA Act of 1964.
        \877\ Sec. 301(d)(2) of the FA Act of 1965 inserted the words ``to
    property''.
        \878\ The words ``, or (3) in any case in which the proceedings are
    commenced after January 1, 1966'', which appeared at this point, were
    struck out by sec. 301(d)(2) of the FA Act of 1965.
        Sec. 527 of the Foreign Relations Authorization Act, Fiscal Years
    1994 and 1995 (Public Law 103-236; 22 U.S.C. 2370a), however, provided
    the following:
        ``SEC. 527. EXPROPRIATION OF UNITED STATES PROPERTY.
        ``(a) Prohibition.--None of the funds made available to carry out
    this Act, the Foreign Assistance Act of 1961, or the Arms Export
    Control Act may be provided to a government or any agency or
    instrumentality thereof, if the government of such country (other than
    a country described if subsection (d))--
    ---------------------------------------------------------------------------

              ``(1) has on or after January 1, 1956--

                      ``(A) nationalized or expropriated the property of
                    any United States person,
                      ``(B) repudiated or nullified any contract with any
                    United States person, or
                      ``(C) taken any other action (such as the imposition
                    of discriminatory taxes or other exactions) which has
                    the effect of seizing ownership or control of the
                    property of any United States person, and

              ``(2) has not, within the period specified in subsection (c),
            either--

                      ``(A) returned the property,
                      ``(B) provided adequate and effective compensation
                    for such property in convertible foreign exchange or
                    other mutually acceptable compensation equivalent to
                    the full value thereof, as required by international
                    law,
                      ``(C) offered a domestic procedure providing prompt,
                    adequate and effective compensation in accordance with
                    international law, or
                      ``(D) submitted the dispute to arbitration under the
                    rules of the Convention for the Settlement of
                    Investment Disputes or other mutually agreeable binding
                    international arbitration procedure.
    ---------------------------------------------------------------------------
        ``(b) Other Actions.--The President shall instruct the United
    States Executive Directors of each multilateral development bank and
    international financial institution to vote against any loan or other
    utilization of the funds of such bank or institution for the benefit of
    any country to which assistance is prohibited under subsection (a),
    unless such assistance is directed specifically to programs which serve
    the basic human needs of the citizens of that country.
        ``(c) Period for Settlement of Claims.--The period of time
    described in subsection (a)(2) is the latest of the following--
    ---------------------------------------------------------------------------

              ``(1) 3 years after the date on which a claim was filed,
              ``(2) in the case of a country that has a totalitarian or
            authoritarian government at the time of the action described in
            subsection (a)(1), 3 years after the date of installation of a
            democratically elected government, or
              ``(3) 90 days after the date of enactment of this Act.
    ---------------------------------------------------------------------------
        ``(d) Excepted Countries and Territories.--This section shall not
    apply to any country established by international mandate through the
    United Nations or to any territory recognized by the United States
    Government to be in dispute.
        ``(e) Resumption of Assistance.--A prohibition or termination of
    assistance under subsection (a) and an instruction to vote against
    loans under subsection (b) shall cease to be effective when the
    President certifies in writing to the Speaker of the House of
    Representatives and to the Committee on Foreign Relations of the Senate
    that such government has taken one of the steps described in subsection
    (a)(2).
        ``(f) Reporting Requirement.--Not later than 90 days after the date
    of enactment of this Act and at the beginning of each fiscal year
    thereafter, the Secretary of State shall transmit to the Speaker of the
    House of Representatives and the Committee on Foreign Relations of the
    Senate, a report containing the following:
    ---------------------------------------------------------------------------

              ``(1) A list of every country in which the United States
            Government is aware that a United States person has an
            outstanding expropriation claim.
              ``(2) The total number of such outstanding expropriation
            claims made by United States persons against each such country.
              ``(3) The period of time in which each such claim has been
            outstanding.
              ``(4) The status of each case and efforts made by the United
            States Government and the government of the country in which
            such claim has been made, to take one or more of the steps
            described in subsection (a)(2).
              ``(5) Each project a United States Executive Director voted
            against as a result of the action described in subsection (b).
    ---------------------------------------------------------------------------
        ``(g) Waiver.--The President may waive the prohibitions in
    subsections (a) and (b) for a country, on an annual basis, if the
    President determines and so notifies Congress that it is in the
    national interest to do so.
        ``(h) Definitions.--For the purpose of this section, the term
    ``United States person'' means a United States citizen or corporation,
    partnership, or association at least 50 percent beneficially owned by
    United States citizens.''.
    ---------------------------------------------------------------------------
        (f) \879\ (1) \880\ No assistance shall be furnished under
    this Act, as amended (except section 214(b)), to any Communist
    country. This restriction may not be waived pursuant to any
    authority contained in this Act unless the President finds and
    promptly reports to Congress that: (A) such assistance is vital
    to the security of the United States; (B) the recipient country
    is not controlled by the international Communist conspiracy;
    and (C) such assistance will further promote the independence
    of the recipient country from international communism. For the
    purposes of this subsection, the phrase ``Communist country''
    includes specifically, but is not limited to, the following
    countries: \881\
    ---------------------------------------------------------------------------
        \879\ Subsec. (f) was added by sec. 301(d)(3) of the FA Act of
    1962.
        Sec. 516 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1999 (division A, sec. 101(d) of Public
    Law 105-277; 112 Stat. 2681), amended sec. 307 of this Act to include a
    reference to sec. 620(f).
        \880\ Sec. 1202 of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 276) redesignated
    clauses ``(1)'', ``(2)'' and ``(3)'' as ``(A)'', ``(B)'' and ``(C)'';
    added the text of par. (2); and added the ``(1)'' designation
    immediately after subsec. (f).
        The Secretary of State determined the following countries to be
    removed from the application of section 620(f)(2) pursuant to national
    interests of the United States: People's Republic of China and Tibet,
    removed December 11, 1985 (51 F.R. 1890; January 15, 1986); Yugoslavia,
    removed August 5, 1986 (51 F.R. 29662; August 19, 1986); Poland and
    Hungary, removed Sept. 7, 1989 (Department of State memoranda to
    Chairman, House Committee on Foreign Affairs, Sept. 7, 1989); Czech and
    Slovak Federal Republic, removed June 14, 1990 (55 F.R. 24335; June 15,
    1990); German Democratic Republic, removed July 12, 1990 (55 F.R.
    33996; August 20, 1990); Republic of Bulgaria, removed May 3, 1991 (56
    F.R. 22747; May 16, 1991); Soviet Union, removed September 10, 1991 (56
    F.R. 51734; October 15, 1991); Estonia, Latvia, and Lithuania, removed
    September 14, 1991 (56 F.R. 48600; September 25, 1991); Romania,
    removed August 15, 1991 (56 F.R. 63753; December 5, 1991); Laos,
    removed May 12, 1995 (60 F.R. 30148; June 7, 1995); Vietnam, removed
    sometime in 2000 (undated unpublished determination).
        \881\ Sec. 573 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1995 (Public Law 103-306; 108
    Stat. 1653), struck the Mongolian People's Republic from the list.
        Previously, Sec. 901 of the FREEDOM Support Act (Public Law 102-
    511; 106 Stat. 3355) struck the Czechoslovak Socialist Republic,
    Estonia, German Democratic Republic, Hungarian People's Republic,
    Latvia, Lithuania, People's Republic of Albania, People's Republic of
    Bulgaria, Polish People's Republic, Socialist Federal Republic of
    Yugoslavia, Socialist Republic of Romania, and Union of Soviet
    Socialist Republics (including its captive constituent republics) from
    the list.
        Previously, sec. 707 of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1546) made
    technical changes to this sentence in subsec. (f) and to the list of
    countries.
    ---------------------------------------------------------------------------
              Democratic People's Republic of Korea.
              People's Republic of China.
              Republic of Cuba.
              Socialist Republic of Vietnam.
              Tibet.
        (2) \880\ Notwithstanding the provisions of paragraph (1)
    of this subsection, the President may remove a country, for
    such period as the President determines, from the application
    of this subsection, and other provisions which reference this
    subsection, if the President determines and reports to the
    Congress that such action is important to the national interest
    of the United States. It is the sense of the Congress that when
    consideration is given to authorizing assistance to a country
    removed from the application of this subsection, one of the
    factors to be weighed, among others, is whether the country in
    question is giving evidence of fostering the establishment of a
    genuinely democratic system, with respect for internationally
    recognized human rights.
        (g) \882\ Notwithstanding any other provision of law, no
    monetary assistance shall be made available under this Act to
    any government or political subdivision or agency of such
    government which will be used to compensate owners for
    expropriated or nationalized property and, upon finding by the
    President that such assistance has been used by any government
    for such purpose, no further assistance under this Act shall be
    furnished to such government until appropriate reimbursement is
    made to the United States for sums so diverted. This
    prohibition shall not apply to monetary assistance made
    available for use by a government (or a political subdivision
    or agency of a government) to compensate nationals of that
    country in accordance with a land reform program, if the
    President determines that monetary assistance for such land
    reform program will further the national interests of the
    United States.\883\
    ---------------------------------------------------------------------------
        \882\ Subsecs. (g) and (h) were added by sec. 301(d)(3) of the FA
    Act of 1962.
        \883\ The last sentence of subsec. (g) was added by sec. 1203 of
    the International Security and Development Cooperation Act of 1985
    (Public Law 99-83; 99 Stat. 277).
    ---------------------------------------------------------------------------
        (h) \882\ The President shall adopt regulations and
    establish procedures to insure that United States foreign aid
    is not used in a manner which, contrary to the best interests
    of the United States, promotes or assists the foreign aid
    projects or activities of any country that is a Communist
    country for purposes of subsection (f).\884\
    ---------------------------------------------------------------------------
        \884\ Sec. 705(3) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2317) struck out ``the Communist-bloc countries'', and inserted
    in lieu thereof ``any country that is a Communist country for purposes
    of subsection (f)''.
    ---------------------------------------------------------------------------
        (i) \885\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \885\ Subsec. (i), as added by sec. 301(e)(3) of the FA Act of 1963
    and amended by sec. 301(h)(1) of the FA Act of 1966, was repealed by
    sec. 734(a)(1) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). Formerly,
    subsec. (i) had prohibited any foreign assistance or sales under Public
    Law 480 to countries engaging in or preparing for aggressive military
    efforts or participating in an international conference involving the
    planning of insurrection or subversion directed against the United
    States or other nations receiving American foreign aid or Public Law
    480 sales.
    ---------------------------------------------------------------------------
        (j) \886\ The President shall consider terminating
    assistance under this or any other Act to any country which
    permits, or fails to take adequate measures to prevent, the
    damage or destruction by mob action of United States property
    within such country, and fails to take appropriate measures to
    prevent a recurrence thereof and to provide adequate
    compensation for such damage or destruction.
    ---------------------------------------------------------------------------
        \886\ Subsec. (j), which was added by sec. 301(e)(3) of the FA Act
    of 1963, was amended by sec. 301(f)(1) of the FA Act of 1967. It
    formerly read as follows: ``No assistance under this Act shall be
    furnished to Indonesia unless the President determines that the
    furnishing of such assistance is essential to the national interest of
    the United States. The President shall keep the Foreign Relations
    Committee and the Appropriations Committee of the Senate and the
    Speaker of the House of Representatives fully and currently informed of
    any assistance furnished to Indonesia under this Act.''.
    ---------------------------------------------------------------------------
        (k) \887\ Without the express approval of Congress, no
    assistance shall be furnished under this Act to any country for
    construction of any productive enterprise with respect to which
    the aggregate value of assistance to be furnished by the United
    States will exceed $100,000,000, except that this sentence does
    not apply with respect to assistance for construction of any
    productive enterprise in Egypt which is described in the
    presentation materials to Congress.\888\ Except as otherwise
    provided in section 506,\889\ no military assistance to be
    furnished beginning July 1, 1966, by the United States will
    exceed $100,000,000 unless such program has been included in
    the presentation to the Congress during its consideration of
    authorizations for appropriations under this Act or of
    appropriations pursuant to authorizations contained in this
    Act. No provision of this or any other Act shall be construed
    to authorize the President to waive the provisions of this
    subsection.
    ---------------------------------------------------------------------------
        \887\ Subsec. (k), which was added by sec. 301(e)(3) of the FA Act
    of 1963, was amended by sec. 301(h)(2) of the FA Act of 1966. It
    formerly read as follows:
        ``(k) Until the enactment of the Foreign Assistance Act of the 1965
    or other general legislation, during the calendar year 1965,
    authorizing additional appropriations to carry out programs of
    assistance under this Act, no assistance shall be furnished under this
    Act to any country for construction of any productive enterprise with
    respect to which the aggregate value of such assistance to be furnished
    by the United States will exceed $100,000,000. No other provision of
    this Act shall be construed to authorize the President to waive the
    provisions of this subsection.''.
        \888\ The words to this point beginning with ``, except that this
    sentence does not apply'' were added by sec. 606 of the International
    Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
    329; 90 Stat. 757). A reference to fiscal years 1977, 1980, and 1981,
    which previously appeared at the end of this sentence (the latter two
    were added by sec. 203 of Public Law 96-533 (94 Stat. 3145)), was
    deleted by sec. 702 of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1544).
        \889\ Sec. 301(f)(2) of the FA Act of 1967 inserted ``506'' for
    ``510''.
    ---------------------------------------------------------------------------
        (l) \890\ The President shall consider denying assistance
    under this Act to the government of any less developed country
    which, after December 31, 1966, has failed to enter into an
    agreement with the President to institute the investment
    guaranty program under section 234(a)(1) of this Act, providing
    protection against the specific risks of inconvertibility under
    subparagraph (A), and expropriation or confiscation under
    subparagraph (B), of such section 234(a)(1).
    ---------------------------------------------------------------------------
        \890\ Subsec. (l), which was added by sec. 301(e)(3) of the FA Act
    of 1963, was amended by sec. 301(h)(3) of the FA Act of 1936. It
    formerly read as follows:
        ``(l) No assistance shall be provided under this Act after December
    31, 1966, to the government of any less developed country which has
    failed to enter into an agreement with the President to institute the
    investment guaranty program under section 221(b)(1) of this Act,
    providing protection against the specific risks of inconvertibility
    under subparagraph (A), and expropriation or confiscation under
    subparagraph (B), of such section 221(b)(1).''.
    ---------------------------------------------------------------------------
        (m) \891\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \891\ Subsec. (m), prohibiting assistance on a grant basis to any
    economically developed nation with certain condition, added by sec.
    301(e)(3) of the FA Act of 1963, amended by sec. 301(g) of the FA Act
    of 1964, was repealed by sec. 734(a)(1) of the International Security
    and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat.
    1560).
    ---------------------------------------------------------------------------
        (n) \892\ * * * [Repealed--1977]
    ---------------------------------------------------------------------------
        \892\ Subsec. (n), as added by sec. 301(d)(4) of the FA Act of 1965
    and amended by the FA Act of 1966, 1967, and 1974, was repealed by sec.
    123(b) of the International Development and Food Assistance Act of 1977
    (Public Law 95-88; 91 Stat. 541). It formerly read as follows:
        ``(n) No loans, credits, guaranties, or grants or other assistance
    shall be furnished under this or any other Act, and no sales shall be
    made under the Agricultural Trade Development and Assistance Act of
    1954, to any country which sells or furnishes to North Vietnam, or
    which permits ships or aircraft under its registry to transport to or
    from North Vietnam, any equipment, materials, or commodities, so long
    as the regime in North Vietnam gives support to hostilities in South
    Vietnam, unless the President determines that such loans, credits,
    guaranties, grants, other assistance, or sales are in the national
    interest of the United States.''.
    ---------------------------------------------------------------------------
        (o) \893\ In determining whether or not to furnish
    assistance under this Act, consideration shall be given to
    excluding from such assistance any country which hereafter
    seizes, or imposes any penalty or sanction against, any United
    States fishing vessel on account of its fishing activities in
    international waters. The provisions of this subsection shall
    not be applicable in any case governed by international
    agreement to which the United States is a party.
    ---------------------------------------------------------------------------
        \893\ Subsec. (o) was added by sec. 301(d)(4) of the FA Act of
    1965.
    ---------------------------------------------------------------------------
        (p) \894\ * * * [Repealed--1974]
    ---------------------------------------------------------------------------
        \894\ Subsec. (p), as added by sec. 301(h)(5) of the FA Act of
    1966, and related to assistance to the United Arab Republic, was
    repealed by Sec. 44 of the FA Act of 1974.
    ---------------------------------------------------------------------------
        (q) \895\ No assistance shall be furnished under this Act
    to any country which is in default, during a period in excess
    of six calendar months, in payment to the United States of
    principal or interest on any loan made to such country under
    this Act, unless such country meets its obligations under the
    loan or unless the President determines that assistance to such
    country is in the national interest and notifies the Speaker of
    the House of Representatives and the Committee on Foreign
    Relations of the Senate of such determination.
    ---------------------------------------------------------------------------
        \895\ Subsecs. (q) and (r) were added by sec. 301(h)(5) of the FA
    Act of 1966.
        The Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000,
    enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat.
    1900A-25), provided the following:
    ---------------------------------------------------------------------------

               ``limitation on assistance to countries in default
    ---------------------------------------------------------------------------
        ``Sec. 512. No part of any appropriation contained in this Act
    shall be used to furnish assistance to any country which is in default
    during a period in excess of one calendar year in payment to the United
    States of principal or interest on any loan made to the government of
    such country by the United States pursuant to a program for which funds
    are appropriated under this Act: Provided, That this section and
    section 620(q) of the Foreign Assistance Act of 1961 shall not apply to
    funds made available for any narcotics-related assistance for Colombia,
    Bolivia, and Peru authorized by the Foreign Assistance Act of 1961 or
    the Arms Export Control Act.''.
        See also in that Act sec. 522--Child Survival and Disease
    Prevention Activities; and sec. 556--Special Debt Relief for the
    Poorest.
        On February 19, 1999, the Deputy Secretary of State determined
    ``that furnishing assistance to Honduras is in the national interest
    and that the Section's prohibition on assistance is waived.''
    (Department of State Public Notice 3017; 64 F.R. 15197).
    ---------------------------------------------------------------------------
        (r) \895\ No recipient of a loan made under the authority
    of this Act, any part of which is outstanding on or after the
    date of enactment of this subsection, shall be relieved of
    liability for the repayment of any part of the principal of or
    interest on such loan.
        (s) \896\ (1) In order to restrain arms races and
    proliferation of sophisticated weapons, and to ensure that
    resources intended for economic development are not diverted to
    military purposes, the President shall take into account before
    furnishing development loans, Alliance loans or supporting
    assistance to any country under this Act, and before making
    sales under the Agricultural Trade Development and Assistance
    Act of 1954, as amended: \897\
    ---------------------------------------------------------------------------
        \896\ Subsec. (s), as added by sec. 301(f)(4) of the FA Act of
    1967, was amended and restated by sec. 303(a) of the FA Act of 1969.
        \897\ For text, see Legislation on Foreign Relations Through 2000,
    vol. I-B.
    ---------------------------------------------------------------------------
              (A) the percentage of the recipient or purchasing
            country's budget which is devoted to military purposes;
            and
              (B) the degree to which the recipient or purchasing
            country is using its foreign exchange or other \898\
            resources to acquire military equipment.
    ---------------------------------------------------------------------------
        \898\ Sec. 734(b) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) added the
    words ``or other'' in subpar. (B) and repealed subpar. (C). Subpar. (C)
    formerly read as follows:
        ``(C) the amount spent by the recipient or purchasing country for
    the purchase of sophisticated weapons systems, such as missile systems
    and jet aircraft for military purposes, from any country.''.
    ---------------------------------------------------------------------------
        (2) \899\ The President shall report annually to the
    Speaker of the House of Representatives and the Committee on
    Foreign Relations of the Senate his actions in carrying out
    this provision.
    ---------------------------------------------------------------------------
        \899\ Sec. 3003(a)(1) of the Federal Reports Elimination and Sunset
    Act of 1995 (Public Law 104-66; 31 U.S.C. 1113 note), as amended,
    provided that ``each provision of law requiring the submittal to
    Congress (or any committee of the Congress) of any annual, semiannual,
    or other regular periodic report specified * * * shall cease to be
    effective, with respect to that requirement, May 15, 2000.'', and is
    applicable to this paragraph.
    ---------------------------------------------------------------------------
        (t) \900\ No assistance shall be furnished under this or
    any other Act and no sales shall be made under the Agricultural
    Trade Development and Assistance Act of 1954, in or to any
    country which has severed or hereafter severs diplomatic
    relations with the United States or with which the United
    States has severed or hereafter severs diplomatic relations,
    unless (1) diplomatic relations have been resumed with such
    country and (2) agreements for the furnishing of such
    assistance or the making of such sales, as the case may be,
    have been negotiated and entered into after the resumption of
    diplomatic relations with such country.
    ---------------------------------------------------------------------------
        \900\ Subsecs. (t) and (u) were added by sec. 301(f)(4) of the FA
    Act of 1967.
    ---------------------------------------------------------------------------
        (u) \900\ In any decision to provide or continue to provide
    any program of assistance to any country under the Foreign
    Assistance Act of 1961, as amended, there shall be taken into
    account the status of the country with respect to its dues,
    assessments, and other obligations to the United Nations; and
    where such country is delinquent with respect to any such
    obligations for the purposes of the first sentence of Article
    19 of the United Nations Charter, the President shall furnish
    the Committee on Foreign Relations of the Senate and the
    Speaker of the House of Representatives a report setting forth
    the assurance given by the government of the country concerned
    of paying all of its arrearages and of placing its payments of
    such obligations on a current basis, or a full explanation of
    the unusual or exceptional circumstances which render it
    economically incapable of giving such assurance.
        (v) \901\ * * * [Repealed--1974]
    ---------------------------------------------------------------------------
        \901\ Subsec. (v) as added by sec. 301 of the FA Act of 1971 was
    repealed by sec. 24 of the FA Act of 1974. Former subsec. (v) concerned
    assistance to Greece.
    ---------------------------------------------------------------------------
        (w) \902\ * * * [Repealed--1978]
    ---------------------------------------------------------------------------
        \902\ Subsec. (w), as added by the FA Act of 1971, concerning
    suspension of aid to Pakistan, was repealed by sec. 502(d)(1) of the
    International Development and Food Assistance Act of 1978 (Public Law
    95-424; 92 Stat. 959).
    ---------------------------------------------------------------------------
        (x) \903\ (1) All military assistance, all sales of defense
    articles and services (whether for cash or by credit, guaranty,
    or any other means), and all licenses with respect to the
    transportation of arms, ammunitions, and implements of war
    (including technical data relating thereto) to the Government
    of Turkey, shall be suspended on the date of enactment of this
    subsection unless and until the President determines and
    certifies to the Congress that the Government of Turkey is in
    compliance with the Foreign Assistance Act of 1961, the Foreign
    Military Sales Act,\904\ and any agreement entered into under
    such Acts, and that substantial progress toward agreement has
    been made regarding military forces in Cyprus: Provided, That
    for the fiscal year 1978 \905\ the President may suspend the
    provisions of this subsection and of section 3(c) of the Arms
    Export Control Act with respect to cash sales and extensions of
    credits and guaranties under such Act for the procurement of
    such defense articles and defense services as the President
    determines are necessary to enable Turkey to fulfill her
    defense responsibilities as a member of the North Atlantic
    Treaty Organization, except that during the fiscal year 1978
    \906\ the total value of defense articles and defense services
    sold to Turkey under such Act, either for cash or financed by
    credits and guaranties, shall not exceed $175,000,000.\907\ Any
    such suspension shall be effective only so long as Turkey
    observes the cease-fire on Cyprus, does not increase its
    military forces or its civilian population on Cyprus, and does
    not transfer to Cyprus any United States supplied arms,
    ammunition, or implements of war. The determination required by
    the proviso in the first sentence of this paragraph shall be
    made, on a case-by-case basis, with respect to each cash sale,
    each approval for use of credits, and each approval for use of
    a guaranty for Turkey. Each such determination shall be
    reported to the Congress and shall be accompanied by a full and
    complete statement of the reasons supporting the President's
    determination and a statement containing the information
    specified in clauses (A) through (D) of section 2(c)(4) of the
    Act of October 6, 1975 (Public Law 94-104).\908\ In any case
    involving the sale of significant combat equipment on the
    United States Munitions List in which the congressional review
    provisions of section 36(b) of the Arms Export Control Act do
    not apply, the President may not issue the letter of offer or
    approve the use of the credits or guaranty, as the case may be,
    until the end of the thirty-day period beginning on the date on
    which the report required by the preceding sentence is
    submitted to the Congress.\909\
    ---------------------------------------------------------------------------
        \903\ Subsec. (x) was added by sec. 22 of the FA Act of 1974. Sec.
    13(a) of the International Security Assistance Act of 1978 (Public Law
    95-384; 92 Stat. 737) specified that subsec. (x) would be of no further
    force and effect once the President had determined and certified to the
    Congress that resumption of aid to Turkey was in the national interest
    as well as in the interest of NATO and that Turkey was acting in good
    faith toward achieving a peaceful settlement of the Cyprus problem. The
    President made such a determination, dated September 26, 1978.
        \904\ Renamed the Arms Export Control Act.
        \905\ Sec. 22(d)(1) of the International Security Assistance Act of
    1977 (Public Law 95-92; 91 Stat. 624) struck out the references to
    fiscal years 1976 and 1977 and added the references to fiscal year
    1978.
        \906\ Sec. 22(d)(2) of the International Security Assistance Act of
    1977 (Public Law 95-92; 91 Stat. 624) added the words ``during the
    fiscal year 1978'', and struck out the following that had previously
    appeared at this point:
        ``(A) during the fiscal year 1976 and the period beginning July 1,
    1976, and ending September 30, 1976, the total value of defense
    articles and defense services sold to Turkey under such Act, either for
    cash or financed by credits and guaranties, shall not exceed
    $125,000,000, and (B) during the fiscal year 1977.''.
        \907\ The figure, ``$175,000,000'', was inserted in lieu of
    ``$125,000,000'' by sec. 22(d)(3) of the International Security
    Assistance Act of 1977 (Public Law 95-92; 91 Stat. 624).
        \908\ For text, see Legislation on Foreign Relations Through 2000,
    vol. I-B.
        \909\ Sec. 403 of the International Security Assistance and Arms
    Export Control Act of 1976 (Public Law 94-329; 90 Stat. 757) amended
    sec. 620(x)(1) beginning with the words ``Provided, That for the fiscal
    year * * *''. Sec. 620(x)(1) formerly read as follows: Provided, That
    the President is authorized to suspend the provisions of this section
    and such acts if he determines that such suspension will further
    negotiations for a peaceful solution of the Cyprus conflict. Any such
    suspension shall be effective only until February 5, 1975, and only if,
    during that time, Turkey shall observe the ceasefire and shall neither
    increase its forces in Cyprus nor transfer to Cyprus any U.S. supplied
    implements of war.''.
    ---------------------------------------------------------------------------
        (2) \910\ The President shall submit to the Congress within
    60 days after the enactment of this paragraph \911\ and at the
    end of such succeeding sixty-day period, a report on progress
    made during such period toward the conclusion of a negotiated
    solution of the Cyprus conflict.
    ---------------------------------------------------------------------------
        \910\ Par. (2) was added by sec. 2(a)(2) of Public Law 94-104.
        \911\ Par. (2) did not become effective until enactment of the
    International Security Assistance and Arms Export Control Act of 1976
    on June 30, 1976. See sec. 2(c)(5) of Public Law 94-104, in Legislation
    on Foreign Relations Through 2000, vol. I-B, for explanation of the
    effective date of par. (2).
    ---------------------------------------------------------------------------
        (y) \912\ (1) Except as provided in paragraph (2), the
    President shall withhold from amounts made available under this
    Act or any other Act and allocated for a country for a fiscal
    year an amount equal to the aggregate value of nuclear fuel and
    related assistance and credits provided by that country, or any
    entity of that country, to Cuba during the preceding fiscal
    year.
    ---------------------------------------------------------------------------
        \912\ Sec. 2810(a) of the Foreign Relations Authorization Act,
    Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
    105-277; 112 Stat. 2861), added subsec. (y). Subsec. (b) of that
    section provided that the amendment ``* * * shall apply with respect to
    assistance provided in fiscal years beginning on or after the date of
    the enactment of this Act.''.
    ---------------------------------------------------------------------------
        (2) The requirement to withhold assistance for a country
    for a fiscal year under paragraph (1) shall not apply if Cuba--
              (A) has ratified the Treaty on the Non-Proliferation
            of Nuclear Weapons (21 UST 483) or the Treaty of
            Tlatelelco, and Cuba is in compliance with the
            requirements of either such Treaty;
              (B) has negotiated and is in compliance with full-
            scope safeguards of the International Atomic Energy
            Agency not later than two years after ratification by
            Cuba of such Treaty; and
              (C) incorporates and is in compliance with
            internationally accepted nuclear safety standards.
        (3) The Secretary of State shall prepare and submit to the
    Congress each year a report containing a description of the
    amount of nuclear fuel and related assistance and credits
    provided by any country, or any entity of a country, to Cuba
    during the preceding year, including the terms of each transfer
    of such fuel, assistance, or credits.
        Sec. 620A.\913\, \914\ Prohibition on Assistance
    to Governments Supporting International Terrorism.
    ---------------------------------------------------------------------------
        \913\ 22 U.S.C. 2371. Sec. 6(j) of the Export Administration Act
    (Public Law 96-72; 50 U.S.C. app. 2405(j)) similarly requires the
    Secretary of State to determine whenever a country is found to support
    acts of international terrorism. Most recently, in Department of State
    Public Notice 1878 of August 12, 1993, (58 F.R. 52523), the Secretary
    of State stated: ``In accordance with section 6(j) of the Export
    Administration Act (50 U.S.C. App. 2405(j)), I hereby determine that
    Sudan is a country which has repeatedly provided support for acts of
    international terrorism. The list of 6(j) countries as of this time
    therefore includes Cuba, Iran, Iraq, Libya, North Korea, Sudan, and
    Syria.''.
        Sec. 40A of the Arms Export Control Act (Public Law 90-629; 22
    U.S.C. 2781) similarly requires the President to determine whenever a
    country is not cooperating fully with United States antiterrorism
    efforts. Pursuant to that requirement, on May 6, 1999, the Acting
    Secretary of State determined and certified, ``that the following
    countries are not cooperating fully with United States antiterrorism
    efforts: Afghanistan; Cuba; Iran; Iraq; Libya; North Korea; Sudan; and
    Syria'' (Department of State Public Notice No. 3054; 64 F.R. 26474).
        \914\ Section 620A was added by sec. 303 of the International
    Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
    329; 90 Stat. 753). It was amended and restated by sec. 503(a) of the
    International Security and Development Cooperation Act of 1985 (Public
    Law 99-83; 99 Stat. 220). It was further amended and restated by sec. 5
    of the Anti-Terrorism and Arms Export Amendments Act of 1989 (Public
    Law 101-222; 103 Stat. 1897).
        Section 10 of the Anti-Terrorism and Arms Export Amendments Act of
    1989 (Public Law 101-222; 103 Stat. 1900) provided the following in
    relation to the amendment of sec. 620A:
        ``SEC. 10. SELF-DEFENSE IN ACCORDANCE WITH INTERNATIONAL LAW.
        ``The use by any government of armed force in the exercise of
    individual or collective self-defense in accordance with applicable
    international agreements and customary international law shall not be
    considered an act of international terrorism for purposes of the
    amendments made by this Act.''.
        The Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000,
    enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat.
    1900), provided the following:
    ---------------------------------------------------------------------------

          ``PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
    ---------------------------------------------------------------------------
        ``Sec. 527. (a) Funds appropriated for bilateral assistance under
    any heading of this Act and funds appropriated under any such heading
    in a provision of law enacted prior to the enactment of this Act, shall
    not be made available to any country which the President determines--
    ---------------------------------------------------------------------------

              ``(1) grants sanctuary from prosecution to any individual or
            group which has committed an act of international terrorism; or
              ``(2) otherwise supports international terrorism.
    ---------------------------------------------------------------------------
        ``(b) The President may waive the application of subsection (a) to
    a country if the President determines that national security or
    humanitarian reasons justify such waiver. The President shall publish
    each waiver in the Federal Register and, at least 15 days before the
    waiver takes effect, shall notify the Committees on Appropriations of
    the waiver (including the justification for the waiver) in accordance
    with the regular notification procedures of the Committees on
    Appropriations.
    ---------------------------------------------------------------------------
              * * * * * * *

                          ``ELIGIBILITY FOR ASSISTANCE
    ---------------------------------------------------------------------------
        ``Sec. 541. (a) Assistance Through Nongovernmental Organizations.--
    Restrictions contained in this or any other Act with respect to
    assistance for a country shall not be construed to restrict assistance
    in support of programs of nongovernmental organizations from funds
    appropriated by this Act to carry out the provisions of chapters 1, 10,
    11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
    Act of 1961, and from funds appropriated under the heading `Assistance
    for Eastern Europe and the Baltic States': Provided, That the President
    shall take into consideration, in any case in which a restriction on
    assistance would be applicable but for this subsection, whether
    assistance in support of programs of nongovernmental organizations is
    in the national interest of the United States: Provided further, That
    before using the authority of this subsection to furnish assistance in
    support of programs of nongovernmental organizations, the President
    shall notify the Committees on Appropriations under the regular
    notification procedures of those committees, including a description of
    the program to be assisted, the assistance to be provided, and the
    reasons for furnishing such assistance: Provided further, That nothing
    in this subsection shall be construed to alter any existing statutory
    prohibitions against abortion or involuntary sterilizations contained
    in this or any other Act.
        ``(b) Public Law 480.--During fiscal year 2001, restrictions
    contained in this or any other Act with respect to assistance for a
    country shall not be construed to restrict assistance under the
    Agricultural Trade Development and Assistance Act of 1954: Provided,
    That none of the funds appropriated to carry out title I of such Act
    and made available pursuant to this subsection may be obligated or
    expended except as provided through the regular notification procedures
    of the Committees on Appropriations.
        ``(c) Exception.--This section shall not apply--
    ---------------------------------------------------------------------------

              ``(1) with respect to section 620A of the Foreign Assistance
            Act of 1961 or any comparable provision of law prohibiting
            assistance to countries that support international terrorism;
            or
              ``(2) with respect to section 116 of the Foreign Assistance
            Act of 1961 or any comparable provision of law prohibiting
            assistance to countries that violate internationally recognized
            human rights.
              * * * * * * *

     ``prohibition on assistance to foreign governments that export lethal
       military equipment to countries supporting international terrorism
    ---------------------------------------------------------------------------
        ``Sec. 549. (a) None of the funds appropriated or otherwise made
    available by this Act may be available to any foreign government which
    provides lethal military equipment to a country the government of which
    the Secretary of State has determined is a terrorist government for
    purposes of section 40(d) of the Arms Export Control Act. The
    prohibition under this section with respect to a foreign government
    shall terminate 12 months after that government ceases to provide such
    military equipment. This section applies with respect to lethal
    military equipment provided under a contract entered into after October
    1, 1997.
        ``(b) Assistance restricted by subsection (a) or any other similar
    provision of law, may be furnished if the President determines that
    furnishing such assistance is important to the national interests of
    the United States.
        ``(c) Whenever the waiver of subsection (b) is exercised, the
    President shall submit to the appropriate congressional committees a
    report with respect to the furnishing of such assistance. Any such
    report shall include a detailed explanation of the assistance to be
    provided, including the estimated dollar amount of such assistance, and
    an explanation of how the assistance furthers United States national
    interests.''.
        See also sec. 586 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2047), cited as the ``Iraq Sanctions Act of 1990'', in
    Legislation on Foreign Relations Through 2000, vol. I-B.
    ---------------------------------------------------------------------------
        (a) \915\ Prohibition.--The United States shall not provide
    any assistance under this Act, the Agricultural Trade
    Development and Assistance Act of 1954, the Peace Corps Act, or
    the Export-Import Bank Act of 1945 to any country if the
    Secretary of State determines that the government of that
    country has repeatedly provided support for acts of
    international terrorism.
    ---------------------------------------------------------------------------
        \915\ See also 18 U.S.C. 2332d, as added by sec. 321 of Public Law
    104-132 (110 Stat. 1254), which provides that U.S. persons engaging in
    financial transactions with the government of a country designated as
    supporting international terrorism under sec. 6(j) of the Export
    Administration Act (50 U.S.C. App. 2405) shall be fined under title 18,
    imprisoned for not more than 10 years, or both.
    ---------------------------------------------------------------------------
        (b) Publication of Determinations.--Each determination of
    the Secretary of State under subsection (a), including each
    determination in effect on the date of the enactment of the
    Antiterrorism and Arms Export Amendments Act of 1989, shall be
    published in the Federal Register.
        (c) Rescission.--A determination made by the Secretary of
    State under subsection (a) may not be rescinded unless the
    President submits to the Speaker of the House of
    Representatives and the Chairman of the Committee on Foreign
    Relations of the Senate--
              (1) before the proposed rescission would take effect,
            a report certifying that--
                      (A) there has been a fundamental change in
                    the leadership and policies of the government
                    of the country concerned;
                      (B) that government is not supporting acts of
                    international terrorism;
                      (C) that government has provided assurances
                    that it will not support acts of international
                    terrorism in the future; or
              (2) at least 45 days before the proposed rescission
            would take effect, a report justifying the rescission
            and certifying that--
                      (A) the government concerned has not provided
                    any support for international terrorism during
                    the preceding 6-month period; and
                      (B) the government concerned has provided
                    assurances that it will not support acts of
                    international terrorism in the future.
        (d) Waiver.--Assistance prohibited by subsection (a) may be
    provided to a country described in that subsection if--
              (1) the President determines that national security
            interests or humanitarian reasons justify a waiver of
            subsection (a), except that humanitarian reasons may
            not be used to justify assistance under part II of this
            Act (including chapter 4, chapter 6, and chapter 8), or
            the Export-Import Bank Act of 1945; and
              (2) at least 15 days before the waiver takes effect,
            the President consults with the Committee on Foreign
            Affairs \916\ of the House of Representatives and the
            Committee on Foreign Relations of the Senate regarding
            the proposed waiver and submits a report to the Speaker
            of the House of Representatives and the chairman of the
            Committee on Foreign Relations of the Senate
            containing--
    ---------------------------------------------------------------------------
        \916\ 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.
    ---------------------------------------------------------------------------
                      (A) the name of the recipient country;
                      (B) a description of the national security
                    interests or humanitarian reasons which require
                    the waiver;
                      (C) the type and amount of and the
                    justification for the assistance to be provided
                    pursuant to the waiver; and
                      (D) the period of time during which such
                    waiver will be effective.
    The waiver authority granted in this subsection may not be used
    to provide any assistance under the Foreign Assistance Act of
    1961 which is also prohibited by section 40 of the Arms Export
    Control Act.
        Sec. 620B.\917\ Prohibition Against Assistance and Sales to
    Argentina. * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \917\ Sec. 620B, as added by sec. 11 of Public Law 95-92 (91 Stat.
    619) and amended by sec. 12(c)(1) of Public Law 95-384 (92 Stat. 737),
    was repealed by sec. 725(a) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1553).
    Sec. 620B had prohibited the furnishing of MAP, ESF, IMET, and
    Peacekeeping assistance under this Act, and the extension of credits,
    sales, or export licenses under the Arms Export Control Act for
    Argentina after September 30, 1978. Sec. 725(b) of Public Law 97-113,
    conditions on U.S. assistance and sales to Argentina, was repealed in
    1989.
    ---------------------------------------------------------------------------
        Sec. 620C.\918\ United States Policy Regarding the Eastern
    Mediterranean.--(a) The Congress declares that the achievement
    of a just and lasting Cyprus settlement is and will remain a
    central objective of United States foreign policy. The Congress
    further declares that any action of the United States with
    respect to section 620(x) of this Act shall not signify a
    lessening of the United States commitment to a just solution to
    the conflict on Cyprus but is authorized in the expectation
    that this action will be conducive to achievement of a Cyprus
    solution and a general improvement in relations among Greece,
    Turkey, and Cyprus and between those countries and the United
    States. The Congress finds that--
    ---------------------------------------------------------------------------
        \918\ 22 U.S.C. 2373. Sec. 620C was added by sec. 13(b) of the
    International Security Assistance Act of 1978 (Public Law 95-384; 92
    Stat. 737).
        Title II of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2000 (H.R. 3422, as introduced on November
    17, 1999, enacted by reference in sec. 1000(a)(2) of Public Law 106-
    113; 113 Stat. 1535), provided the following:
    ---------------------------------------------------------------------------

                                    ``CYPRUS
    ---------------------------------------------------------------------------
        ``Of the funds appropriated under the headings `Development
    Assistance' and `Economic Support Fund', not less than $15,000,000
    shall be made available for Cyprus to be used only for scholarships,
    administrative support of the scholarship program, bicommunal projects,
    and measures aimed at reunification of the island and designed to
    reduce tensions and promote peace and cooperation between the two
    communities on Cyprus.''.
    ---------------------------------------------------------------------------
              (1) a just settlement on Cyprus must involve the
            establishment of a free and independent government on
            Cyprus and must guarantee that the human rights of all
            of the people of Cyprus are fully protected;
              (2) a just settlement on Cyprus must include the
            withdrawal of Turkish military forces from Cyprus;
              (3) the guidelines for inter-communal talks agreed to
            in Nicosia in February 1977 and the United Nations
            resolutions regarding Cyprus provide a sound basis for
            negotiation of a just settlement on Cyprus;
              (4) serious negotiations, under United Nations
            auspices, will be necessary to achieve agreement in,
            and implementation of, constitutional and territorial
            terms within such guidelines; and
              (5) the recent proposals by both Cypriot communities
            regarding the return of the refugees to the city of New
            Famagusta (Varosha) constitute a positive step and the
            United States should actively support the efforts of
            the Secretary General of the United Nations with
            respect to this issue.
        (b) United States policy regarding Cyprus, Greece, and
    Turkey shall be directed toward the restoration of a stable and
    peaceful atmosphere in the Eastern Mediterranean region and
    shall therefore be governed by the following principles:
              (1) The United States shall actively support the
            resolution of differences through negotiations and
            internationally established peaceful procedures, shall
            encourage all parties to avoid provocative actions, and
            shall strongly oppose any attempt to resolve disputes
            through force or threat of force.
              (2) The United States will accord full support and
            high priority to efforts, particularly those of the
            United Nations, to bring about a prompt, peaceful
            settlement on Cyprus.
              (3) All defense articles furnished by the United
            States to countries in the Eastern Mediterranean region
            will be used only in accordance with the requirements
            of this Act, the Arms Export Control Act, and the
            agreements under which those defense articles were
            furnished.
              (4) The United States will furnish security
            assistance for Greece and Turkey only when furnishing
            that assistance is intended solely for defensive
            purposes, including when necessary to enable the
            recipient country to fulfill its responsibilities as a
            member of the North Atlantic Treaty Organization, and
            shall be designed to ensure that the present balance of
            military strength among countries of the region,
            including between Greece and Turkey, is preserved.
            Nothing in this paragraph shall be construed to
            prohibit the transfer of defense articles to Greece or
            Turkey for legitimate self defense or to enable Greece
            or Turkey to fulfill their North Atlantic Treaty
            Organization obligations.
              (5) The United States shall use its influence to
            ensure the continuation of the ceasefire on Cyprus
            until an equitable negotiated settlement is reached.
              (6) The United States shall use its influence to
            achieve the withdrawal of Turkish military forces from
            Cyprus in the context of a solution to the Cyprus
            problem.
        (c) \919\ Because progress toward a Cyprus settlement is a
    high priority of United States policy in the Eastern
    Mediterranean, the President and the Congress shall continually
    review that progress and shall determine United States policy
    in the region accordingly. To facilitate such a review the
    President shall, within 60 days after the date of enactment of
    this section and at the end of each succeeding 60-day period,
    transmit to the Speaker of the House of Representatives and the
    chairman of the Committee on Foreign Relations of the Senate a
    report on progress made toward the conclusion of a negotiated
    solution of the Cyprus problem. Such transmissions shall
    include any relevant reports prepared by the Secretary General
    of the United Nations for the Security Council.
    ---------------------------------------------------------------------------
        \919\ Sec. 209(e)(7) of the Admiral James W. Nance and Meg Donovan
    Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
    3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
    113 Stat. 1536), stated that sec. 3003(a)(1) of Public Law 104-66 (109
    Stat. 734) is not applicable to this subsection. Sec. 3003(a)(1) of
    that Act, as amended, provided that ``* * * each provision of law
    requiring the submittal to Congress (or any committee of the Congress)
    of any annual, semiannual, or other regular periodic report specified
    on the list * * * [prepared by the Clerk of the House of
    Representatives for the first session of the One Hundred Third
    Congress] shall cease to be effective, with respect to that
    requirement, May 15, 2000.''.
    ---------------------------------------------------------------------------
        (d) In order to ensure that United States assistance is
    furnished consistent with the policies established in this
    section, the President shall, whenever requesting any funds for
    security assistance under this Act or the Arms Export Control
    Act for Greece and Turkey, transmit to the Speaker of the House
    of Representatives and the chairman of the Committee on Foreign
    Relations of the Senate his certification, with a full
    explanation thereof, that the furnishing of such assistance
    will be consistent with the principles set forth in subsection
    (b). The President shall also submit such a certification with
    any notification to the Congress, pursuant to section 36(b) of
    the Arms Export Control Act, of a proposed sale of defense
    articles or services to Greece or Turkey.
        (e) \920\ (1) Any agreement for the sale or provision of
    any article on the United States Munitions List (established
    pursuant to section 38 of the Arms Export Control Act) entered
    into by the United States after the enactment of this provision
    shall expressly state that the article is being provided by the
    United States only with the understanding that it will not be
    transferred to Cyprus or otherwise used to further the
    severance or division of Cyprus.
    ---------------------------------------------------------------------------
        \920\ Subsec. (e) was added by sec. 562 of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1988
    (Continuing Appropriations for 1988; Public Law 100-202; 101 Stat.
    1329-171).
    ---------------------------------------------------------------------------
        (2) The President shall report to Congress any substantial
    evidence that equipment provided under any such agreement has
    been used in a manner inconsistent with the purposes of this
    subsection.
        Sec. 620D.\921\ Prohibition on Assistance to Afghanistan.--
    (a) None of the funds authorized to be appropriated under this
    Act may be used to furnish assistance to Afghanistan nor may
    funds authorized to be appropriated under this Act before
    October 1, 1979, be expended for assistance to Afghanistan
    until the President certifies to the Congress that--
    ---------------------------------------------------------------------------
        \921\ 22 U.S.C. 2374. Sec. 620D was added by sec. 505 of the
    International Development Cooperation Act of 1979 (Public Law 96-53; 93
    Stat. 378).
    ---------------------------------------------------------------------------
              (1) the Government of Afghanistan has apologized
            officially and assumes responsibility for the death of
            Ambassador Adolph Dubs; and
              (2) the Government of Afghanistan agrees to provide
            adequate protection for all personnel of the United
            States Government in Afghanistan.
        (b) The provisions of subsection (a) shall not apply if the
    President determines that such assistance is in the national
    interest of the United States because of substantially changed
    circumstances in Afghanistan.\922\
    ---------------------------------------------------------------------------
        \922\ In a determination of October 7, 1992, directed to the
    Secretary of State, the President stated:
        ``By virtue of the authority vested in me by section 620D(b) of the
    Foreign Assistance Act of 1961, as amended (22 U.S.C. 2374(b)), I
    hereby determine that furnishing assistance to Afghanistan with funds
    authorized to be appropriated under that Act is in the national
    interest of the United States because of substantially changed
    circumstances in Afghanistan.
        ``By virtue of the authority vested in me by section 2(b)(2)(C) of
    the Export-Import Bank Act of 1945, as amended (12 U.S.C.
    635(b)(2)(C)), I hereby determine that Afghanistan has ceased to be a
    Marxist-Leninist country within the definition of such term in
    subparagraph (B)(i) of section 2(b)(2) of that Act (12 U.S.C.
    635(b)(2)(B)(i)).
        ``In accordance with section 118(c)(1) of Public Law 99-190 (99
    Stat. 1319), I hereby provide notice of my intention to restore
    nondiscriminatory trade treatment to the products of Afghanistan no
    sooner than 30 days following receipt by the Congress of this
    memorandum.'' (Presidential Determination No. 93-3 of October 7, 1992;
    57 F.R. 47557).
    ---------------------------------------------------------------------------
        Sec. 620E.\923\ Assistance to Pakistan.--(a) The Congress
    recognizes that Soviet Forces occupying Afghanistan pose a
    security threat to Pakistan. The Congress also recognizes that
    an independent and democratic Pakistan with continued friendly
    ties with the United States is in the interest of both nations.
    The Congress finds that United States assistance will help
    Pakistan maintain its independence. Assistance to Pakistan is
    intended to benefit the people of Pakistan by helping them meet
    the burdens imposed by the presence of Soviet forces in
    Afghanistan and by promoting economic development. In
    authorizing assistance to Pakistan, it is the intent of
    Congress to promote the expeditious restoration of full civil
    liberties and representative government in Pakistan. The
    Congress further recognizes that it is in the mutual interest
    of Pakistan and the United States to avoid the profoundly
    destabilizing effects of the proliferation of nuclear explosive
    devices or the capacity to manufacture or otherwise acquire
    nuclear devices.
    ---------------------------------------------------------------------------
        \923\ 22 U.S.C. 2375. Sec. 620E was added by sec. 736 of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1561). The President exercised his authority under
    subsec. (d) on Feb. 10, 1982 (Presidential Determination No. 82-7).
    ---------------------------------------------------------------------------
        (b) The United States reaffirms the commitment made in its
    1959 bilateral agreement with Pakistan relating to aggression
    from a Communist or Communist-dominated state.
        (c) Security assistance for Pakistan shall be made
    available in order to assist Pakistan in dealing with the
    threat to its security posed by the Soviet presence in
    Afghanistan. The United States will take appropriate steps to
    ensure that defense articles provided by the United States to
    Pakistan are used for defensive purposes.
        (d) \924\ The President may waive the prohibitions of
    section 101 of the Arms Export Control Act with respect to any
    grounds for the prohibition of assistance under that section
    arising before the effective date of part B of the Nuclear
    Proliferation Prevention Act of 1994 to provide assistance to
    Pakistan if he determines that to do so is in the national
    interest of the United States.
    ---------------------------------------------------------------------------
        \924\ Sec. 822(b)(2) of the Nuclear Proliferation Prevention Act of
    1994 (title VIII of the Foreign Relations Authorization Act, Fiscal
    Years 1994 and 1995; Public Law 103-236; 108 Stat. 507 at 512), amended
    and restated subsec. (d). The subsec. formerly read, as previously
    amended, as follows:
        ``(d) The President may waive the prohibitions of section 669 of
    this Act at any time during the period beginning on the date of
    enactment of this section and ending on September 30, 1994, to provide
    assistance to Pakistan during that period if he determines that to do
    so is in the national interest of the United States.''.
        See the next note relating to Presidential determinations.
    ---------------------------------------------------------------------------
        (e) \925\ (1) \926\ No military assistance \927\ shall be
    furnished to Pakistan and no military equipment or technology
    shall be sold or transferred to Pakistan, pursuant to the
    authorities contained in this Act or any other Act, unless the
    President shall have certified in writing to the Speaker of the
    House of Representatives and the chairman of the Committee on
    Foreign Relations of the Senate, during the fiscal year in
    which military assistance is to be furnished or military
    equipment or technology \928\ is to be sold or transferred,
    that Pakistan does not possess a nuclear explosive device and
    that the proposed United States military assistance \929\
    program will reduce significantly the risk that Pakistan will
    possess a nuclear explosive device.
    ---------------------------------------------------------------------------
        \925\ Popularly referred to as the Pressler amendment. Subsec. (e)
    was added by sec. 902 of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 268). Presidential
    Determinations No. 86-3 of November 25, 1985; No. 87-3 of October 27,
    1986; No. 88-4 of December 17, 1987; 89-7 of November 18, 1988; and 90-
    1 of October 5, 1989, 54 F.R. 43797, certified that Pakistan does not
    have a nuclear explosive device and that U.S. assistance would reduce
    significantly the risk that Pakistan will possess a nuclear explosive
    device. The President has not certified for fiscal years 1991-1997.
        On May 28 and 30, 1998, Pakistan tested nuclear explosive devices.
    On May 30, 1998, the President determined that such tests had
    transpired, and imposed a range of sanctions required pursuant to sec.
    102(b) of the Arms Export Control Act (Presidential Determination No.
    98-25; 63 F.R. 31881).
        The India-Pakistan Relief Act, enacted as title IX of the
    Agriculture, Rural Development, Food and Drug Administration, and
    Related Agencies Appropriations Act, 1999 (division A, sec. 101(a) of
    Public Law 105-277; 112 Stat. 2681), however, authorized the President
    to waive the application of sanctions against India and Pakistan for
    one year. The President issued such a determination as referred to in
    sec. 902 of the India-Pakistan Relief Act on December 1, 1998, that
    provided: ``I hereby waive until October 21, 1999, the sanctions and
    prohibitions contained in section 101 and 102 of the Arms Export
    Control Act, section 620E(e) of the Foreign Assistance Act of 1961, and
    section 2(b)(4)of the Export-Import Bank Act of 1945, insofar as such
    sanctions and prohibitions would otherwise apply to activities of the
    Export-Import Bank, the Overseas Private Investment Corporation, and
    the Trade and Development Agency with respect to Pakistan and India;
    assistance to Pakistan and India under the `International Military
    Education and Training' program; the making of any loan or financial or
    technical assistance to Pakistan by any international financial
    institution in support of the assistance program that Pakistan is
    negotiating with the International Monetary Fund.'' (Presidential
    Determination No. 99-7; Weekly Compilation of Presidential
    Documents,vol. 34, no. 49, December 7, 1998, p. 2402).
        The President extended the waiver on September 30, 1999
    (Presidential Determination No. 99-44; 64 F.R. 54503).
        Title IX of the Department of Defense Appropriations Act, 2000
    (Public Law 106-79; 113 Stat. 1283) repealed the India-Pakistan Relief
    Act, effective October 21, 1999. In its place, title IX of that Act
    provided the following:
    ---------------------------------------------------------------------------

                                   ``TITLE IX

            ``WAIVER OF CERTAIN SANCTIONS AGAINST INDIA AND PAKISTAN
    ---------------------------------------------------------------------------
        ``Sec. 9001. (a) Waiver Authority.--Except as provided in
    subsections (b) and (c) of this section, the President may waive, with
    respect to India and Pakistan, the application of any sanction
    contained in section 101 or 102 of the Arms Export Control Act (22
    U.S.C. 2799aa or 22 U.S.C. 2799aa-1), section 2(b)(4) of the Export
    Import Bank Act of 1945 (12 U.S.C. 635(b)(4)), or section 620E(e) of
    the Foreign Assistance Act of 1961, as amended, (22 U.S.C. 2375(e)).
        ``(b) Exception.--The authority to waive the application of a
    sanction or prohibition (or portion thereof) under subsection (a) shall
    not apply with respect to a sanction or prohibition contained in
    subparagraph (B), (C), or (G) of section 102(b)(2) of the Arms Export
    Control Act, unless the President determines, and so certifies to the
    Congress, that the application of the restriction would not be in the
    national security interests of the United States.
        ``(c) Terminataion of Waiver.--The President may not exercise the
    authority of subsection (a), and any waiver previously issued under
    subsection (a) shall cease to apply, with respect to India or Pakistan,
    if that country detonates a nuclear explosive device after the date of
    the enactment of this Act or otherwise takes such action which would
    cause the President to report pursuant to section 102(b)(1) of the Arms
    Export Control Act.
        ``(d) Targeted Sanctions.--
    ---------------------------------------------------------------------------

              ``(1) Sense of the congress.--

                      ``(A) it is the sense of the Congress that the broad
                    application of export controls to nearly 300 Indian and
                    Pakistani entities is inconsistent with the specific
                    national security interests of the United States and
                    that this control list requires refinement; and
                      ``(B) export controls should be applied only to those
                    Indian and Pakistani entities that make direct and
                    material contributions to weapons of mass destruction
                    and missile programs and only to those items that can
                    contribute to such programs.

              ``(2) Reporting requirement.--Not later than 60 days after
            the date of the enactment of this Act, the President shall
            submit both a classified and unclassified report to the
            appropriate congressional committees listing those Indian and
            Pakistani entities whose activities contribute to missile
            programs or weapons of mass destruction programs.
    ---------------------------------------------------------------------------
        ``(e) Congressional Notification.--The issuance of a license for
    export of a defense article, defense service, or technology under the
    authority of this section shall be subject to the same requirements as
    are applicable to the export of items described in section 36(c) of the
    Arms Export Control Act (22 U.S.C. 2776(c)), including the transmittal
    of information and the application of congressional review procedures.
        ``(f) Repeal.--The India-Pakistan Relief Act (title IX of the
    Agriculture, Rural Development, Food and Drug Administration, and
    Related Agencies Appropriations Act, 1999, as contained in section
    101(a) of Public Law 105-277) is repealed effective October 21,
    1999.''.
        The President waived the application of sanctions under the new law
    on October 27, 1999 (Presidential Determination No. 2000-4; 64 F.R.
    60649), to the following extent:
        ``(1) with respect to India, insofar as such sanctions would
    otherwise apply to activities of the Export-Import Bank, the Overseas
    Private Investment Corporation, and the Trade and Development Agency;
    assistance under the `International Military Education and Training'
    program; the making of any loan or the providing of any credit to the
    Government of India by any U.S. bank; assistance to the Asian elephant
    Conservation Fund, the Rhinoceros and Tiger conservation Fund, and the
    Indo-American Environmental Leadership program; and any credit, credit
    guarantee, or other financial assistance provided by the Department of
    Agriculture to support the purchase of food or other agricultural
    commodity; and
        ``(2) with respect to Pakistan, insofar as such sanctions would
    otherwise apply to any credit, credit guarantee, or other financial
    assistance provided by the Department of Agriculture to support the
    purchase of food or other agricultural commodity; and the making of any
    loan or the providing of any credit to the Government of Pakistan by
    any U.S. bank.'' (Presidential Determination No. 2000-4; October 27,
    1999; 64 F.R. 60649).
        See also sec. 102 of the Arms Export Control Act, as amended by the
    Agriculture Export Relief Act of 1998 (Public Law 105-194; 112 Stat.
    627).
        The Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000,
    enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat.
    1900A-29, 1900A-61), provided the following relating to Pakistan:
    ---------------------------------------------------------------------------

                      ``SPECIAL NOTIFICATION REQUIREMENTS
    ---------------------------------------------------------------------------
        ``Sec. 520. None of the funds appropriated by this Act shall be
    obligated or expended for Colombia, Haiti, Liberia, Serbia, Sudan,
    Ethiopia, Eritrea, Zimbabwe, Pakistan, or the Democratic Republic of
    Congo except as provided through the regular notification procedures of
    the Committees on Appropriations.
    ---------------------------------------------------------------------------
              * * * * * * *

                   ``Basic Education Assistance for Pakistan
    ---------------------------------------------------------------------------
        ``Sec. 597. Funds appropriated by this Act to carry out the
    provisions of chapter 1 of part I and chapter 4 of part II of the
    Foreign Assistance Act of 1961 may be made available for assistance for
    basic education programs for Pakistan, notwithstanding any provision of
    law that restricts assistance to foreign countries: Provided, That such
    assistance is subject to the regular notification procedures of the
    Committees on Appropriations.''.
         \926\ Sec. 559(a)(1)(D) and (E) of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1996 (Public Law
    104-107; 110 Stat. 743) added para. designation ``(1)'', and added new
    paras. (2) through (4). These amendments are popularly collectively
    referred to as the ``Brownback amendment.''
         \927\ Popularly referred to as the Brown amendment. Sec.
    559(a)(1)(A) of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 743),
    struck out ``No assistance'', and inserted in lieu thereof ``No
    military assistance''.
        \928\ Sec. 559(a)(1)(B) of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1996 (Public Law
    104-107; 110 Stat. 743), struck out ``in which assistance is to be
    furnished or military equipment or technology'' and inserted in lieu
    thereof ``in which military assistance is to be furnished or military
    equipment or technology''.
        \929\ Sec. 559(a)(1)(C) of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1996 (Public Law
    104-107; 110 Stat. 743), struck out ``the proposed United States
    assistance'' and inserted in lieu thereof ``the proposed United States
    military assistance''.
    ---------------------------------------------------------------------------
        (2) \926\ The prohibitions in this section do not apply to
    any assistance or transfer provided for the purposes of:
              (A) International narcotics control (including
            chapter 8 of part I of this Act) or any provision of
            law available for providing assistance for
            counternarcotics purposes.
              (B) Facilitating military-to-military contact,
            training (including chapter 5 of part II of this Act)
            and humanitarian and civic assistance projects.
              (C) Peacekeeping and other multilateral operations
            (including chapter 6 of part II of this Act relating to
            peacekeeping) or any provision of law available for
            providing assistance for peacekeeping purposes, except
            that lethal military equipment provided under this
            subparagraph shall be provided on a lease or loan basis
            only and shall be returned upon completion of the
            operation for which it was provided.
              (D) Antiterrorism assistance (including chapter 8 of
            part II of this Act relating to antiterrorism
            assistance) or any provision of law available for
            antiterrorism assistance purposes.
        (3) \926\ The restrictions of this subsection shall
    continue to apply to contracts for the delivery of F-16
    aircraft to Pakistan.
        (4) \926\ Notwithstanding the restrictions contained in
    this subsection, military equipment, technology, or defense
    services, other than F-16 aircraft, may be transferred to
    Pakistan pursuant to contracts or cases entered into before
    October 1, 1990.
        (f) \930\ Storage Costs.--The President may release the
    Government of Pakistan of its contractual obligation to pay the
    United States Government for the storage costs of items
    purchased prior to October 1, 1990, but not delivered by the
    United States Government pursuant to subsection (e) and may
    reimburse the Government of Pakistan for any such amount paid,
    on such terms and conditions as the President may prescribe:
    Provided, That such payments have no budgetary impact.
    ---------------------------------------------------------------------------
        \930\ Sec. 559(a)(2) of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
    Stat. 743) added subsecs. (f), (g), and (h).
    ---------------------------------------------------------------------------
        (g) \930\ Inapplicability of Restrictions to Previously
    Owned Items.--Section 620E(e) does not apply to broken, worn or
    unupgraded items or their equivalent which Pakistan paid for
    and took possession of prior to October 1, 1990 and which the
    Government of Pakistan sent to the United States for repair or
    upgrade. Such equipment or its equivalent may be returned to
    the Government of Pakistan: Provided, That the President
    determines and so certifies to the appropriate congressional
    committees that such equipment or equivalent neither
    constitutes nor has received any significant qualitative
    upgrade since being transferred to the United States and that
    its total value does not exceed $25,000,000.
        (h) \930\ Ballistic Missile Sanctions Not Affected.--
    Nothing contained herein shall affect sanctions for transfers
    of missile equipment or technology required under section 11B
    of the Export Administration Act of 1979 or section 73 of the
    Arms Export Control Act.

    SEC. 620F.\931\ NUCLEAR NON-PROLIFERATION POLICY IN SOUTH ASIA.
    ---------------------------------------------------------------------------
        \931\ 22 U.S.C. 2376. Added by sec. 585(a) of the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1993 (Public Law 102-391; 106 Stat. 1688).
        Sec. 585(b) of that Act further provided:
        ``(b) Report on South Asian Nuclear Programs.--Not later than six
    months after the enactment of this Act, the President shall submit a
    report with respect to the People's Republic of China, Pakistan, and
    India in writing to the Committees on Appropriations, the Speaker of
    the House of Representatives, the chairman of the Committee on Foreign
    Relations of the Senate, on those country's nuclear and ballistic
    missile programs, including, but not limited to--
    ---------------------------------------------------------------------------

              ``(1) a determination as to whether that country possesses a
            nuclear explosive device or whether it possesses all the
            components necessary for the assembly of such a device;
              ``(2) a complete report on the status of that country's
            missile development program, foreign assistance to that
            program, and foreign sales of missiles or missile components to
            that country and steps which the United States has taken in
            response to such sales; and
              ``(3) a report on whether that country has agreed to fully
            adhere, and is adhering, to all peaceful nuclear cooperation
            agreements with the United States and has formally agreed to
            place all United States-supplied nuclear materials under
            international safeguards in perpetuity.''.
        (a) Findings.--The Congress finds that--
              (1) the proliferation of weapons of mass destruction
            remains one of the most serious threats to
            international peace and stability;
              (2) South Asia, in particular, is an area where the
            threat of a regional nuclear exchange remains high due
            to continued Indo-Pakistani tensions over issues such
            as Kashmir;
              (3) to date, United States efforts to halt
            proliferation in South Asia have failed;
              (4) although global disarmament is a desirable goal
            which should be vigorously pursued, both regional and
            sub-regional security arrangements can serve to
            decrease tensions and promote non-proliferation in
            certain areas;
              (5) thus far, there has been some success on a
            regional basis, such as the South Pacific Nuclear
            Weapons Free Zone and the Treaty of Tlatelolco in Latin
            America;
              (6) in particular, in Latin America, the Treaty of
            Tlatelolco has been signed by all the nuclear powers;
              (7) a critical part of this treaty is Protocol II
            which prohibits nuclear attacks by nuclear weapons
            states on signatories to the treaty;
              (8) in 1991, a proposal was made for a regional
            conference on non-proliferation in South Asia which
            would include Pakistan, India, the People's Republic of
            China, the Soviet Union, and the United States; and
              (9) thus far, Pakistan, China, Russia, and the United
            States have expressed interest in attending such a
            conference, whereas India has refused to attend.
        (b) Policy.--It is the sense of the Congress that the
    President should pursue a policy which seeks a regional
    negotiated solution to the issue of nuclear non-proliferation
    in South Asia at the earliest possible time, including a
    protocol to be signed by all nuclear weapons states,
    prohibiting nuclear attacks by nuclear weapons states on
    countries in the region. Such a policy should have as its
    ultimate goal concurrent accession by Pakistan and India to the
    Nuclear Non-Proliferation Treaty, and should also include as
    needed a phased approach to that goal through a series of
    agreements among the parties on nuclear issues, such as the
    agreement reached by Pakistan and India not to attack one
    another's nuclear facilities.
        (c) \932\ Report on Progress Toward Regional Non-
    Proliferation.--Not later than April 1 of each year,\933\ the
    President shall submit a report to the Committees on
    Appropriations, the Speaker of the House of Representatives,
    and the chairman of the Committee on Foreign Relations of the
    Senate, on nuclear proliferation in South Asia, including
    efforts taken by the United States to achieve a regional
    agreement on nuclear non-proliferation, and including a
    comprehensive list of the obstacles to concluding such a
    regional agreement.
    ---------------------------------------------------------------------------
        \932\ In a memorandum of March 30, 1994, the President delegated
    the functions in subsec. (c) to the Secretary of State; stipulating
    that preparation of the report is to be coordinated with other
    agencies, as appropriate and the Assistant to the President for
    National Security Affairs (59 F.R. 17229).
        \933\ Sec. 2219 of the Foreign Relations Authorization Act, Fiscal
    Years 1998 and 1999 (subdivision B of Division G of Public Law 105-277;
    112 Stat. 2861), struck out ``Not later than April 1, 1993, and every
    six months thereafter,'' and inserted in lieu thereof ``Not later than
    April 1 of each year,''.
    ---------------------------------------------------------------------------

    SEC. 620G.\934\ PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID
                        TERRORIST STATES.

        (a) Withholding of Assistance.--The President shall
    withhold assistance under this Act to the government of any
    country that provides assistance to the government of any other
    country for which the Secretary of State has made a
    determination under section 620A.
    ---------------------------------------------------------------------------
        \934\ 22 U.S.C. 2377. Sec. 325 of the Antiterrorism and Effective
    Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1256) added
    this sec. 620G.
        Sec. 329 of that Act (110 Stat. 1258) defined assistance as
    follows:
        ``(1) the term `assistance' means assistance to or for the benefit
    of a government of any country that is provided by grant, concessional
    sale, guaranty, insurance, or by any other means on terms more
    favorable than generally available in the applicable market, whether in
    the form of a loan, lease, credit, debt relief, or otherwise, including
    subsidies for exports to such country and favorable tariff treatment of
    articles that are the growth, product, or manufacture of such country;
    and
        ``(2) the term `assistance' does not include assistance of the type
    authorized under chapter 9 of part 1 of the Foreign Assistance Act of
    1961 (relating to international disaster assistance).''.
        Sec. 149 of Public Law 104-164 (110 Stat. 1436) also added a new
    sec. 620G, relating to depleted uranium ammunition.
    ---------------------------------------------------------------------------
        (b) Waiver.--Assistance prohibited by this section may be
    furnished to a foreign government described in subsection (a)
    if the President determines that furnishing such assistance is
    important to the national interests of the United States and,
    not later than 15 days before obligating such assistance,
    furnishes a report to the appropriate committees of Congress
    including--
              (1) a statement of the determination;
              (2) a detailed explanation of the assistance to be
            provided;
              (3) the estimated dollar amount of the assistance;
            and
              (4) an explanation of how the assistance furthers
            United States national interests.

    SEC. 620G.\935\ DEPLETED URANIUM AMMUNITION.

        (a) Prohibition.--Except as provided in subsection (b),
    none of the funds made available to carry out this Act or any
    other Act may be made available to facilitate in any way the
    sale of M-833 antitank shells or any comparable antitank shells
    containing a depleted uranium penetrating component to any
    country other than--
    ---------------------------------------------------------------------------
        \935\ 22 U.S.C. 2378a. Sec. 149 of Public Law 104-164 (110 Stat.
    1436) added this new sec. 620G. Sec. 325 of the Antiterrorism and
    Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat.
    1256) also added a new sec. 620G, prohibiting assistance to countries
    that aid terrorist states.
    ---------------------------------------------------------------------------
              (1) a country that is a member of the North Atlantic
            Treaty Organization;
              (2) a country that has been designated as a major
            non-NATO ally (as defined in section 644(q)); or
              (3) Taiwan.
        (b) Exception.--The prohibition contained in subsection (a)
    shall not apply with respect to the use of funds to facilitate
    the sale of antitank shells to a country if the President
    determines that to do so is in the national security interest
    of the United States.

    SEC. 620H.\936\ PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE
                        MILITARY EQUIPMENT TO TERRORIST STATES.

        (a) Prohibition.--
              (1) In general.--The President shall withhold
            assistance under this Act to the government of any
            country that provides lethal military equipment to a
            country the government of which the Secretary of State
            has determined is a terrorist government for the
            purposes of section 6(j) of the Export Administration
            Act of 1979 (50 U.S.C. App. 2405(j)), or 620A of the
            Foreign Assistance Act of 1961 (22 U.S.C. 2371).
    ---------------------------------------------------------------------------
        \936\ 22 U.S.C. 2378. Sec. 326 of the Antiterrorism and Effective
    Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1256) added
    sec. 620H. See also sec. 549 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2000 (H.R. 3422,
    enacted by reference in sec. 1000(a)(2) of Public Law 106-113; 113
    Stat. 1535).
        On September 27, 1999, the State Department issued a determination
    that ``the Acting Secretary of State has made a determination pursuant
    to section 620H of the Foreign Assistance Act, section 551 of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1999 (Pub. L. 105-277) and the analogous provisions
    in prior year foreign operations, export financing, and related
    programs appropriations act. The Acting Secretary has concluded that
    publication of the determination would be harmful to the national
    security of the United States.'' (Department of State Public Notice
    3129; 64 F.R. 53434). The State Department issued a similar
    determination on June 14, 2000 (Public Notice 3340; 65 F.R. 39219).
        On December 9, 1999, the State Department found ``that the
    Government of Kazakhstan has provided lethal military equipment to a
    country determined by the Secretary of State to be a state sponsor of
    terrorism. Also on November 17, 1999 * * * the United States Government
    determined furnishing assistance restricted by [cited provisions of
    law] to the Government of Kazakhstan, with the exceptions [of named
    entities] is important to the national interest of the United States *
    * *.'' (Department of State Public Notice 3175; 64 F.R. 70103).
    ---------------------------------------------------------------------------
              (2) Applicability.--The prohibition under this
            section with respect to a foreign government shall
            terminate 1 year after that government ceases to
            provide lethal military equipment. This section applies
            with respect to lethal military equipment provided
            under a contract entered into after the date of
            enactment of this Act.\937\
    ---------------------------------------------------------------------------
        \937\ ``[D]ate of enactment of this Act'' probably refers to
    enactment of the amendment, April 24, 1996.
    ---------------------------------------------------------------------------
        (b) Waiver.--Notwithstanding any other provision of law,
    assistance may be furnished to a foreign government described
    in subsection (a) if the President determines that furnishing
    such assistance is important to the national interests of the
    United States and, not later than 15 days before obligating
    such assistance, furnishes a report to the appropriate
    committees of Congress including--
              (1) a statement of the determination;
              (2) a detailed explanation of the assistance to be
            provided;
              (3) the estimated dollar amount of the assistance;
            and
              (4) an explanation of how the assistance furthers
            United States national interests.
        Sec. 620I.\938\, \939\ Prohibition on Assistance
    to Countries That Restrict United States Humanitarian
    Assistance.--
    ---------------------------------------------------------------------------
        \938\ 22 U.S.C. 2379. Added by sec. 559 of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1997 (sec.
    101(c) of title I of Public Law 104-208; 110 Stat. 3009). Originally
    enacted as freestanding language in sec. 562 of Public Law 104-107 (110
    Stat. 745).
        \939\ In a memorandum of May 23, 1997, for the Secretary of State,
    the President determined ``that it is in the national security interest
    of the United States that assistance be furnished to Turkey without
    regard to the restriction in subsection (a) of section 620I.''
    (Presidential Determination No. 97-24; 62 F.R. 30737).
    ---------------------------------------------------------------------------
              (a) In general.--No assistance shall be furnished
            under this Act or the Arms Export Control Act to any
            country when it is made known to the President that the
            government of such country prohibits or otherwise
            restricts, directly or indirectly, the transport or
            delivery of United States humanitarian assistance.
              (b) Exception.--Assistance may be furnished without
            regard to the restriction in subsection (a) if the
            President determines that to do so is in the national
            security interest of the United States.
              (c) Notice.--Prior to making any determination under
            subsection (b), the President shall notify the
            Committee on International Relations, the Committee on
            Foreign Relations, and the Committees on Appropriations
            of the Senate and House of Representatives of his
            intention to make such a determination, the effective
            date of the determination, and the reasons for making
            the determination.

                      Chapter 2--Administrative Provisions

        Sec. 621.\940\ Exercise of Functions.\941\--(a) The
    President may exercise any functions conferred upon him by this
    Act through such agency or officer of the United States
    Government as he shall direct. The head of any such agency or
    such officer may from time to time promulgate such rules and
    regulations as may be necessary to carry out such functions and
    may delegate authority to perform any such functions,
    including, if he shall so specify, the authority successively
    to redelegate any of such functions to any of his subordinates.
    In providing technical assistance under this Act, the head of
    any such agency or such officer shall utilize, to the fullest
    extent practicable, goods and professional and other services
    from private enterprise on a contract basis. In such fields as
    education, health, housing, or agriculture, the facilities and
    resources of other Federal agencies shall be utilized when such
    facilities are particularly or uniquely suitable for technical
    assistance, are not competitive with private enterprise, and
    can be made available without interfering unduly with domestic
    programs.\942\
    ---------------------------------------------------------------------------
        \940\ 22 U.S.C. 2381.
        Sec. 576 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October
    24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429;
    114 Stat. 1900A-54), provided the following:
    ---------------------------------------------------------------------------

          ``AGENCY FOR INTERNATIONAL DEVELOPMENT BUDGET JUSTIFICATION
    ---------------------------------------------------------------------------
        ``Sec. 576. The Agency for International Development shall submit
    to the Committees on Appropriations a detailed budget justification
    that is consistent with the requirements of section 515, for each
    fiscal year. The Agency shall submit to the Committees on
    Appropriations a proposed budget justification format no later than
    November 15, 2000, or 30 days after the enactment of this Act,
    whichever occurs later. The proposed format shall include how the
    Agency's budget justification will address: (1) estimated levels of
    obligations for the current fiscal year and actual levels for the 2
    previous fiscal years; (2) the President's request for new budget
    authority and estimated carryover obligational authority for the budget
    year; (3) the disaggregation of budget data and staff levels by program
    and activity for each bureau, field mission, and central office; and
    (4) the need for a user-friendly, transparent budget narrative.''.
        Sec. 587 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1999 (division A, sec. 101(d) of Public
    Law 105-277; 112 Stat. 2681; 22 U.S.C. 2381 note), provided the
    following:
    ---------------------------------------------------------------------------

                            ``AID OFFICE OF SECURITY
    ---------------------------------------------------------------------------
        ``Sec. 587. (a) Establishment of Office.--There shall be
    established within the Office of the Administrator of the Agency for
    International Development, an Office of Security. Such Office of
    Security shall, notwithstanding any other provision of law except
    section 207 of the Foreign Service Act of 1980 and section 103 of
    Public Law 199-339, have the responsibility for the supervision,
    direction, and control of all security activities relating to the
    programs and operations of that Agency.
        ``(b) Transfer and Allocation of Appropriations and Personnel.--
    There are transferred to the Office of Security all security functions
    exercised by the Office of Inspector General of the Agency for
    International Development exercised before the date of enactment of
    this Act. The Administrator shall transfer from the Office of the
    Inspector General of such Agency to the Office of Security established
    by subsection (a), the personnel (including the Senior Executive
    Service position designated for the Assistant Inspector General for
    Security), assets, liabilities, grants, contracts, property, records,
    and unexpended balances of appropriations, and other funds held, used,
    available to, or to be made available in connection with such
    functions. Unexpended balances of appropriations, and other funds made
    available or to be made available in connection with such functions,
    shall be transferred to and merged with funds appropriated by this Act
    under the heading `Operating Expenses of the Agency for International
    Development'.
        ``(c) Transfer of Employees.--Any employee in the career service
    who is transferred pursuant to this section shall be placed in a
    position in the Office of Security established by subsection (a) which
    is comparable to the position the employee held in the Office of the
    Inspector General of the Agency for International Development.''.
        Sec. 599E of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1993 (Public Law 102-391; 106 Stat. 1698),
    provided the following:
        ``The President shall include with each budget for a fiscal year
    submitted to the Congress under section 1105 of title 31, United States
    Code, materials that shall identify clearly and separately the amounts
    requested in the budget for appropriation for that fiscal year for
    salaries and expenses related to administrative activities of the
    Agency for International Development.''.
        \941\ Sec. 302(a) of the FA Act of 1962 struck out subsection
    designation ``(a)'' and repealed subsecs. (b), (c), (d), and (e).
    Subsequently, new subsec. designation ``(a)'' and subsec. (b) were
    added by the sec. 302(a) of the FA Act of 1968.
        \942\ Sec. 302(a) of the FA Act of 1963 inserted the last two
    sentences in lieu of a sentence that provided for the use of the
    technical expertise of Federal agencies with primary responsibilities
    in domestic programs.
    ---------------------------------------------------------------------------
        (b) \941\ The President shall issue and enforce regulations
    determining the eligibility of any person to receive funds made
    available under this Act. A person may be suspended under such
    regulations for a temporary period pending the completion of an
    investigation and any resulting judicial or debarment
    proceedings, upon cause for belief that such person or an
    affiliate thereof probably has undertaken conduct which
    constitutes a cause for debarment; and, after an opportunity
    has been afforded to such person for a hearing, he may be
    debarred for an additional period, not to exceed three years.
    Among the causes for debarment shall be (1) offering or
    accepting a bribe or other illegal payment or credit in
    connection with any transaction financed with funds made
    available under this Act; or (2) committing a fraud in the
    procurement or performance of any contract financed with funds
    made available under this Act; or (3) acting in any other
    manner which shows a lack of integrity or honesty in connection
    with any transaction financed with funds made available under
    this Act. Reinstatement of eligibility in each particular case
    shall be subject to such conditions as the President shall
    direct. Each person whose eligibility is denied or suspended
    under this subsection shall, upon request, be entitled to a
    review of his eligibility not less often than once every two
    years.
        Sec. 621A.\943\ Strengthened Management Practices.--(a) The
    Congress believes that United States foreign aid funds could be
    utilized more effectively by the application of advanced
    management decisionmaking, information and analysis techniques
    such as systems analysis, automatic data processing, benefit-
    cost studies, and information retrieval.
    ---------------------------------------------------------------------------
        \943\ 22 U.S.C. 2381a. Sec. 621A was added by sec. 302(b) of the FA
    Act of 1968.
    ---------------------------------------------------------------------------
        (b) To meet this need, the President shall establish a
    management system that includes: the definition of objectives
    and programs for United States foreign assistance; the
    development of quantitative indicators of progress toward these
    objectives; the orderly consideration of alternative means for
    accomplishing such objectives; and the adoption of methods for
    comparing actual results of programs and projects with those
    anticipated when they were undertaken. The system should
    provide information to the agency and to Congress that relates
    agency resources, expenditures, and budget projections to such
    objectives and results in order to assist in the evaluation of
    program performance, the review of budgetary requests, and the
    setting of program priorities.
        (c) \944\ * * * [Repealed--1978]
    ---------------------------------------------------------------------------
        \944\ Subsec. (c), which had called for an annual report from the
    President regarding the implementation of this section, was repealed by
    sec. 502(d)(1) of the International Development and Food Assistance Act
    of 1978 (Public Law 95-424; 92 Stat. 959).
    ---------------------------------------------------------------------------
        Sec. 622.\945\ Coordination With Foreign Policy.--(a)
    Nothing contained in this Act shall be construed to infringe
    upon the powers or functions of the Secretary of State.
    ---------------------------------------------------------------------------
        \945\ 22 U.S.C. 2382.
    ---------------------------------------------------------------------------
        (b) The President shall prescribe appropriate procedures to
    assure coordination among representatives of the United States
    Government in each country, under the leadership of the Chief
    of the United States Diplomatic Mission. The Chief of the
    Diplomatic Mission shall make sure that recommendations of such
    representatives pertaining to military assistance (including
    civic action) and military education and training programs
    \946\ are coordinated with political and economic
    considerations, and his comments shall accompany such
    recommendations if he so desires.
    ---------------------------------------------------------------------------
        \946\ Sec. 302(a)(1) of the FA Act of 1966 inserted ``(including
    civic action) or sales programs'' in lieu of ``(including any civil
    action and sales program)''. Sec. 45(b)(1) of the Foreign Military
    Sales Act (Public Law 90-629) struck out ``or sales'' which appeared
    before the word ``programs''. Sec. 106(b) of the International Security
    Assistance and Arms Export Control Act of 1976 added the words ``and
    military education and training''.
    ---------------------------------------------------------------------------
        (c) \947\ Under the direction of the President, the
    Secretary of State shall be responsible for the continuous
    supervision and general direction of economic assistance,
    military assistance, and military education and training
    programs, including but not limited to determining whether
    there shall be a military assistance (including civic action)
    or a military education and training program for a country and
    the value thereof, to the end that such programs are
    effectively integrated both at home and abroad and the foreign
    policy of the United States is best served thereby.
    ---------------------------------------------------------------------------
        \947\ Subsec. (c) was amended and restated by sec. 106(b) of the
    International Security Assistance and Arms Export Control Act of 1976
    (Public Law 94-329; 90 Stat. 733).
        The responsibility of the Secretary of State under this subsection,
    insofar as it relates to development assistance, was transferred to the
    Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of
    1979 (establishing IDCA). The Reorganization Plan No. 2 of 1979 ceased
    to be effective with enactment of the Foreign Affairs Reform and
    Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of
    Public Law 105-277; 112 Stat. 2681).
    ---------------------------------------------------------------------------
        Sec. 623.\948\ The Secretary of Defense.--(a) In the case
    of assistance under part II of this Act, the Secretary of
    Defense shall have primary responsibility for--
    ---------------------------------------------------------------------------
        \948\ 22 U.S.C. 2383.
    ---------------------------------------------------------------------------
              (1) the determination of military end-item
            requirements;
              (2) the procurement of military equipment in a manner
            which permits its integration with service programs;
              (3) the supervision of end-item use by the recipient
            countries;
              (4) the supervision of the training of foreign
            military and related civilian \949\ personnel;
    ---------------------------------------------------------------------------
        \949\ The words ``and related civilian'' were added by sec. 106(b)
    of the International Security Assistance and Arms Export Control Act of
    1976 (Public Law 94-329; 90 Stat. 733).
    ---------------------------------------------------------------------------
              (5) the movement and delivery of military end-items;
            and
              (6) within the Department of Defense, the performance
            of any other functions with respect to the furnishing
            of military assistance, education and training.\950\
    ---------------------------------------------------------------------------
        \950\ The words ``, education and training'' were added by sec.
    106(b) of the International Security Assistance and Arms Export Control
    Act of 1976 (Public Law 94-329; 90 Stat. 733).
    ---------------------------------------------------------------------------
        (b) The establishment of priorities in the procurement,
    delivery, and allocation of military equipment shall be
    determined by the Secretary of Defense.
        Sec. 624.\951\ Statutory Officers.--(a) The President may
    appoint, by and with the advice and consent of the Senate,
    twelve officers \952\ in the agency primarily responsible for
    administering part I, * * * [Repealed--1964]
    ---------------------------------------------------------------------------
        \951\ 22 U.S.C. 2384.
        \952\ Sec. 7 of Reorganization Plan No. 2 of 1979 stated:
        ``One of the positions that the President may appoint under section
    624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a), 5
    U.S.C. 5315(5)) is hereby abolished.''.
    ---------------------------------------------------------------------------
              (1) * * * [Repealed--1964]
              (2) * * * [Repealed--1964]
              (3) * * * [Repealed--1964] \953\ and in the selection
            of one of
    ---------------------------------------------------------------------------
        \953\ That part of sec. 624(a) to this point, beginning with the
    words ``of whom--'' was repealed by sec. 305(42) of the Government
    Employees Salary Reform Act of 1964 (Public Law 88-426). The repealed
    part provided for one Under Secretary, one Deputy Under Secretary, and
    ten Assistant Secretaries.
    ---------------------------------------------------------------------------
            such persons due consideration shall be given to
            persons qualified as professional engineers.
        (b) Within the limitations established by subsection (a) of
    this section, the President may fix the rate of compensation,
    and may designate the title of, any officer appointed pursuant
    to the authority contained in that subsection. The President
    may also fix the order of succession among the officers
    provided for in \954\ subsection (a) of this section in the
    event of the absence, death, resignation, or disability of one
    or more of said officers.
    ---------------------------------------------------------------------------
        \954\ Sec. 302(b)(1) of the FA Act of 1965 struck out the words
    ``paragraph (3) of'' which appeared at this point, and also substituted
    ``or one or more of said officers'' for ``of the officers provided for
    in paragraphs (1) and (2) of that subsection''.
    ---------------------------------------------------------------------------
        (c) Any person who was appointed by and with the advice and
    consent of the Senate, to any statutory position authorized by
    any provision of law repealed by section 642(a) and who is
    serving in one of such positions at the time of transfer of
    functions pursuant to subsections (c) and (d) of section 621,
    may be appointed by the President to a comparable position
    authorized by subsection (a) of this section on the date of the
    establishment of the agency primarily responsible for
    administering part I, without further action by the Senate.
        (d) \955\ * * * [Repealed--1978]
    ---------------------------------------------------------------------------
        \955\ Subsec. (d), which concerned the office of Inspector General,
    Foreign Assistance, was repealed, effective July 1, 1978, by sec.
    124(a) of the International Development and Food Assistance Act of 1977
    (Public Law 95-88; 91 Stat. 541).
    ---------------------------------------------------------------------------
        (e) \956\ In addition to the officers otherwise provided
    for in this section, the President shall appoint, by and with
    the advice and consent of the Senate, one officer for the
    purpose of coordinating security assistance programs.
    ---------------------------------------------------------------------------
        \956\ Subsec. (e) was added by sec. 302 of the FA Act of 1971.
    ---------------------------------------------------------------------------
        (f) \957\ * * * [Repealed--1994]
    ---------------------------------------------------------------------------
        \957\ Sec. 162(e)(4) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405) struck
    out subsec. (f), which had established the Assistant Secretary of State
    for Human Rights and Humanitarian Affairs in the Department of State.
    The newly designated Assistant Secretary of State for Democracy, Human
    Rights, and Labor and the responsibilities assigned to that title may
    be found at section 1(c)(2) of the State Department Basic Authorities
    Act of 1956, as amended by sec. 161 of Public Law 103-236 (22 U.S.C.
    2651a(1)(c)(2)).
        Subsec. (f), as added originally by sec. 301(b) of the
    International Security Assistance and Arms Export Control Act of 1976
    (Public Law 94-329; 90 Stat. 750), provided for the establishment of a
    Coordinator for Human Rights and Humanitarian Affairs. This title
    designation was upgraded to Assistant Secretary of State for Human
    Rights and Humanitarian Affairs by sec. 109(a)(1) of the Foreign
    Relations Authorization Act, Fiscal Year 1978 (Public Law 95-105; 91
    Stat. 846).
    ---------------------------------------------------------------------------
        (g) \958\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \958\ Subsec. (g), as added by sec. 504 of Public Law 95-424 (92
    Stat. 959) and amended by sec. 706 of Public Law 96-536 (94 Stat.
    3158), was repealed by sec. 705(b)(1) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1545).
    Former subsec. (g) concerned the responsibilities and duties of the
    Inspector General of AID. Similar language can now be found at sec. 8A
    of the Inspector General Act of 1978. See Legislation on Foreign
    Relations Through 2000, vol. IV, sec. N. for text.
    ---------------------------------------------------------------------------
        Sec. 625.\959\ Employment of Personnel.--(a) Any agency or
    officer of the United States Government carrying out functions
    under this Act is authorized to employ such personnel as the
    President deems necessary to carry out the provisions and
    purposes of this Act.
    ---------------------------------------------------------------------------
        \959\ 22 U.S.C. 2385.
    ---------------------------------------------------------------------------
        (b) Of the personnel employed in the United States to carry
    out part I or coordinate part I and part II, not to exceed one
    hundred and ten \960\ may be appointed, compensated or removed
    without regard to the provisions of any law, of whom not to
    exceed fifty-one may be compensated at rates higher than those
    provided for grade 15 of the general schedule established by
    section 5332 of title 5 of the United States Code,\961\ but not
    in excess of the highest rate of grade 18 of such general
    schedule: \962\ Provided, That, under such regulations as the
    President shall prescribe, officers and employees of the United
    States Government who are appointed to any of the above
    positions may be entitled, upon removal from such position, to
    reinstatement to the position occupied at the time of
    appointment or to a position of comparable grade and salary.
    Such positions shall be in addition to those authorized by law
    to be filled by Presidential appointment, and in addition to
    the number authorized by section 5108 of title 5 of the United
    States Code.\963\
    ---------------------------------------------------------------------------
        \960\ Sec. 301(c)(1) of the FA Act of 1962 inserted ``one hundred
    and ten'' in lieu of ``seventy-six''.
        \961\ Sec. 302(b)(1) of the FA Act of 1967 inserted ``Section 5332
    of title 5 of the United States Code'' in lieu of ``the Classification
    Act of 1949, as amended (5 U.S.C. 1071 et seq.)''.
        \962\ Sec. 1001(k)(1) of the Postal Service and Federal Employees
    Salary Act of 1962 (Public Law 87-793) inserted ``but not in excess of
    the highest rate of grade 18 of such general schedule'' in lieu of
    ``and of these, not to exceed eight may be compensated at a rate in
    excess of the highest rate provided for grades of such general schedule
    but not in excess of $19,000 per year''.
        \963\ Sec. 302(b)(2) of the FA Act of 1967 inserted ``5108 of title
    5 of the United States Code'' in lieu of ``505 of the Classification
    Act of 1949, as amended''.
    ---------------------------------------------------------------------------
        (c) Of the personnel employed in the United States to carry
    out part II, or any Act superseding part II in whole or in
    part,\964\ not to exceed eight may be compensated at rates
    higher than those provided for grade 15 of the general schedule
    established by section 5332 of title 5 of the United States
    Code, but not in excess of the highest rate of grade 18 of such
    general schedule.\965\ Such positions shall be in addition to
    those authorized by law to be filled by Presidential
    appointment, and in addition to the number authorized by
    section 5108 of title 5 of the United States Code.\966\
    ---------------------------------------------------------------------------
        \964\ The words ``or any Act superseding part II in whole or in
    part,'' were added by sec. 302(c) of the FA Act of 1968.
        \965\ Sec. 302(c)(1) of the FA Act of 1967 inserted ``section 5332
    of title 5 of the United States Code'' in lieu of ``the Classification
    Act of 1949, as amended''.
        Sec. 1001(k)(2) of the Postal Service and Federal Employees Salary
    Act of 1962 (Public Law 87-793) substituted the words ``but not in
    excess of the highest rate of grade 18 of such general schedule'' in
    lieu of ``and if these, not to exceed three may be compensated at a
    rate in excess of the highest rate provided for grades of such general
    schedule but not in excess of $19,000 per year''.
        \966\ Sec. 302(c)(2) of the FA Act of 1967 inserted ``5108 of title
    5 of the United States Code'' in lieu of ``505 of the Classification
    Act of 1949, as amended''.
    ---------------------------------------------------------------------------
        (d) \967\ For the purpose of performing functions under
    this Act outside the United States, the President may employ or
    assign individuals, or may authorize the employment or
    assignment of officers or employees by agencies of the United
    States Government which are not authorized to utilize the
    Foreign Service personnel system, who shall receive
    compensation at any of the rates provided for under section 402
    or section 403 of the Foreign Service Act of 1980, or under
    chapter 53 of title 5, United States Code, or at any other rate
    authorized by law, together with allowances and benefits under
    the Foreign Service Act of 1980.\968\ Individuals so employed
    or assigned shall be entitled, except to the extent that the
    President may specify otherwise in cases in which the period of
    employment or assignment exceeds thirty months, to the same
    benefits as are provided by section 310 of that Act for
    individuals appointed to the Foreign Service.
    ---------------------------------------------------------------------------
        \967\ Subsec. (d) was amended and restated by sec. 2203(a) of the
    Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2158). Subsec.
    (d) had previously been amended by the FA Act of 1962, the FA Act of
    1964, the FA Act of 1967, and by the International Development and Food
    Assistance Act of 1977.
        \968\ The references in this sentence to chapter 53 of title 5,
    U.S. Code, and ``any other rate authorized by law'' were added by sec.
    703 of the International Security and Development Cooperation Act of
    1981 (Public Law 97-113; 95 Stat. 1544).
    ---------------------------------------------------------------------------
        (e) \969\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \969\ Subsec. (e), which authorized the President to prescribe
    standards for maintaining adequate performance levels of specified
    personnel, was repealed by sec. 2205(8) of the Foreign Service Act of
    1980 (Public Law 96-465; 94 Stat. 2160).
    ---------------------------------------------------------------------------
        (f) \970\ Funds provided for in agreements with foreign
    countries for the furnishing of services under this Act with
    respect to specific projects shall be deemed to be obligated
    for the services of personnel employed by agencies of the
    United States Government (other than the agencies primarily
    responsible for administering part I or part II of this Act) as
    well as personnel not employed by the United States Government.
    ---------------------------------------------------------------------------
        \970\ Sec. 625(f) was amended and restated by sec. 302(c)(3) of the
    FA Act of 1962.
    ---------------------------------------------------------------------------
        (g) \971\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \971\ Subsec. (g), which concerned foreign language competence of
    personnel carrying out functions under this Act, was repealed by sec.
    2205(8) of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat.
    2160).
    ---------------------------------------------------------------------------
        (h) Notwithstanding any other provision of law, officers
    and employees of the United States Government performing
    functions under this Act shall not accept from any foreign
    country any compensation or other benefits. Arrangements may be
    made by the President with such countries for reimbursement to
    the United States Government or other sharing of the cost of
    performing such functions.
        (i) To the maximum extent practicable officers and
    employees performing functions under this Act abroad shall be
    assigned to countries and positions for which they have special
    competence, such as appropriate language and practical
    experience.
        (j) \972\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \972\ Subsec. (j), as added by the FA Act of 1964 and which had
    concerned the Presidential appointment of U.S. representatives to the
    Inter-American Committee on the Alliance for Progress, was repealed by
    sec. 2205(8) of the Foreign Service Act of 1980 (Public Law 96-465; 94
    Stat. 2160).
    ---------------------------------------------------------------------------
        (k) \973\ * * * [Repealed--1980]
    ---------------------------------------------------------------------------
        \973\ Subsec. (k), as added by the FA Act of 1973 and which
    designated certain categories of personnel serving in the agency as
    being eligible to participate in the Foreign Service Retirement and
    Disability System, was repealed by sec. 2205(8) of the Foreign Service
    Act of 1980 (Public Law 96-465; 94 Stat. 2160). While nearly all
    provisions of the Foreign Service Act of 1980 were not effective until
    Feb. 15, 1981, sec. 2203(d)(1) of such Act specified that the repeal of
    sec. 625(k) would be effective on the date of enactment of the Act
    (Oct. 17, 1980).
    ---------------------------------------------------------------------------
        Sec. 626.\974\ Experts, Consultants, and Retired
    Officers.--(a) Experts and consultants or organizations thereof
    may, as authorized by section 3109 of title 5 of the United
    States Code,\975\ be employed for the performance of functions
    under this Act, and individuals so employed may be compensated
    at rates not in excess of the daily equivalent of the highest
    rate which may be paid to an employee under the General
    Schedule established by section 5332 of title 5, United States
    Code,\976\ and while away from their homes or regular places of
    business, they may be paid actual travel expenses and per diem
    in lieu of subsistence at the applicable rate prescribed in the
    standardized Government travel regulations, as amended from
    time to time. Contracts for such employment with such
    organizations, employment of personnel as experts and
    consultants, not to exceed ten in number, contracts for such
    employment of retired military personnel with specialized
    research and development experience, not to exceed ten in
    number, and contracts for such employment of retired military
    personnel with specialized experience of a broad politico-
    military nature, not to exceed five in number, may be renewed
    annually.
    ---------------------------------------------------------------------------
        \974\ 22 U.S.C. 2386.
        \975\ Sec. 302(e)(1) of the FA Act of 1967 inserted ``3109 of title
    5 of the United States Code'' in lieu of ``15 of the Act of August 22,
    1946, as amended (5 U.S.C. 55a)''.
        \976\ The words to this point beginning with ``the daily equivalent
    of the highest rate'' were inserted in lieu of ``$100 per diem'' by
    sec. 603 of the International Security Assistance and Arms Export
    Control Act of 1976 (Public Law 94-329; 90 Stat. 766).
    ---------------------------------------------------------------------------
        (b) \977\ Service of an individual as an expert or
    consultant under subsection (a) of this section shall not \978\
    be considered as employment or holding of office or position
    bringing such individual within the provisions of section
    3323(a) \979\ of title 5 of the United States Code.
    ---------------------------------------------------------------------------
        \977\ Sec. 302(c)(1) of the FA Act of 1963 struck out the first
    sentence of this section, relating to employment compensation, since
    the subject matter was superseded by Public Law 87-849, approved Oct.
    23, 1962.
        \978\ The words ``Service of an individual as an expert or
    consultant under subsection (a) of this section shall not'' were
    inserted in lieu of ``Nor shall such service'' by sec. 302(c)(2) of the
    FA Act of 1963.
        \979\ Sec. 126 of the International Development and Food Assistance
    Act of 1977 (Public Law 95-88; 91 Stat. 542) added the words ``section
    3323(a)'' and struck out reference to secs. 3323(a) and 8344 of 5 USC,
    and sec. 872 of the Foreign Service Act of 1946.
    ---------------------------------------------------------------------------
        (c) \980\ Persons of outstanding experience and ability may
    be employed without compensation by any agency of the United
    States Government for the performance of functions under this
    Act in accordance with the provisions of section 710(b) of the
    Defense Production Act of 1950, as amended (50 U.S.C. App.
    2160(b)), and regulations issued thereunder.
    ---------------------------------------------------------------------------
        \980\ Sec. 302(d) of the FA Act of 1965 redesignated subsec. (d) as
    subsec. (c). Former subsec. (c), which related to employment of retired
    officers, was repealed by the Dual Compensation Act (Public Law 88-
    448).
    ---------------------------------------------------------------------------
        Sec. 627.\981\ Detail of Personnel to Foreign
    Governments.--Whenever the President determines it to be in
    furtherance of the purposes of this Act, the head of any agency
    of the United States Government is authorized to detail or
    assign any officer or employee of his agency to any office or
    position with any foreign government or foreign government
    agency, where acceptance of such office or position does not
    involve the taking of an oath of allegiance to another
    government or the acceptance of compensation or other benefits
    from any foreign country by such officer or employee.
    ---------------------------------------------------------------------------
        \981\ 22 U.S.C. 2387.
    ---------------------------------------------------------------------------
        Sec. 628.\982\ Detail of Personnel to International
    Organizations.--Whenever the President determines it to be
    consistent with and in furtherance of the purposes of this Act,
    the head of any agency of the United States Government is
    authorized to detail, assign, or otherwise make available to
    any international organization any officer or employee of his
    agency to serve with, or as a member of, the international
    staff of such organization, or to render any technical,
    scientific, or professional advice or service to, or in
    cooperation with, such organization.
    ---------------------------------------------------------------------------
        \982\ 22 U.S.C. 2388.
    ---------------------------------------------------------------------------
        Sec. 629.\983\ Status of Personnel Detailed.--(a) Any
    officer or employee, while assigned or detailed under section
    627 or 628 of this Act, shall be considered, for the purpose of
    preserving his allowances, privileges, rights, seniority, and
    other benefits as such, an officer or employee of the United
    States Government and of the agency of the United States
    Government from which detailed or assigned, and he shall
    continue to receive compensation, allowances, and benefits from
    funds appropriated to that agency or made available to that
    agency under this Act.
    ---------------------------------------------------------------------------
        \983\ 22 U.S.C. 2389.
    ---------------------------------------------------------------------------
        (b) Any officer or employee assigned, detailed, or
    appointed under section 627, 628, 631, or 624(d) \984\ of this
    Act is authorized to receive under such regulations as the
    President may prescribe, representation allowances similar to
    those allowed under section 905 of the Foreign Service Act of
    1980.\985\ The authorization of such allowances and other
    benefits and the payment thereof out of any appropriations
    available therefor shall be considered as meeting all the
    requirements of section 5536 of title 5 of the United States
    Code.\986\
    ---------------------------------------------------------------------------
        \984\ Sec. 302(d) of the FA Act of 1962 substituted ``624(d)'' for
    ``624(e)''.
        \985\ The reference to sec. 905 of the Foreign Service Act of 1980
    was inserted in lieu of a reference to sec. 901 of the Foreign Service
    Act of 1946 by sec. 2203(b) of the Foreign Service Act of 1980 (Public
    Law 96-465; 94 Stat. 2158).
        \986\ Sec. 302(f) of the FA Act of 1967 inserted ``5536 of title 5
    of the United States Code'' in lieu of ``1765 of the Revised Statutes
    (5 U.S.C. 70)''.
    ---------------------------------------------------------------------------
        Sec. 630.\987\ Terms of Detail or Assignment.--Details or
    assignments may be made under section 627 or 628 of this Act or
    section 408 of the Mutual Security Act of 1954, as amended--
    \988\
    ---------------------------------------------------------------------------
        \987\ 22 U.S.C. 2390.
        \988\ For text, see Legislation on Foreign Relations Through 2000,
    vol. I-B.
    ---------------------------------------------------------------------------
              (1) without reimbursement to the United States
            Government by the foreign government or international
            organization;
              (2) upon agreement by the foreign government or
            international organization, to reimburse the United
            States Government for compensation, travel expenses,
            benefits,\989\ and allowances, or any part thereof,
            payable to the officer or employee concerned during the
            period of assignment or detail; and such reimbursements
            (including foreign currencies) shall be credited to the
            appropriation, fund, or account utilized for paying
            such compensation, travel expenses, benefits,\989\ or
            allowances, or to the appropriation, fund, or account
            currently available for such purposes;
    ---------------------------------------------------------------------------
        \989\ The word ``benefits'' was added by sec. 302(e) of the FA Act
    of 1965.
    ---------------------------------------------------------------------------
              (3) upon an advance of funds, property, or services
            by the foreign government or international organization
            to the United States Government accepted with the
            approval of the President for specified uses in
            furtherance of the purposes of this Act; and funds so
            advanced may be established as a separate fund in the
            Treasury of the United States Government, to be
            available for the specified uses, and to be used for
            reimbursement of appropriations or direct expenditure
            subject to the provisions of this Act, any unexpended
            balance of such account to be returned to the foreign
            government or international organization; or
              (4) subject to the receipt by the United States
            Government of a credit to be applied against the
            payment by the United States Government of its share of
            the expenses of the international organization to which
            the officer or employee is detailed or assigned, such
            credit to be based upon the compensations, travel
            expenses, benefits \989\ and allowances, or any part
            thereof, payable to such officer or employee during the
            period of detail or assignment in accordance with
            section 629.
        Sec. 631.\990\ Missions and Staffs Abroad.--(a) The
    President may maintain special missions or staffs outside the
    United States in such countries and for such periods of time as
    may be necessary to carry out the purposes of this Act. Each
    such special mission or staff shall be under the direction of a
    chief.
    ---------------------------------------------------------------------------
        \990\ 22 U.S.C. 2391.
    ---------------------------------------------------------------------------
        (b) The chief and his deputy of each special mission or
    staff carrying out the purposes of part I shall be appointed by
    the President, and may, notwithstanding any other law, be
    removed by the President at his discretion. Such chief shall be
    entitled to receive such compensation and allowances as are
    authorized by the Foreign Service Act of 1980, not to exceed
    those authorized for a chief of mission (as defined in section
    102(a)(3) of that Act), as the President shall determine to be
    appropriate.\991\
    ---------------------------------------------------------------------------
        \991\ This sentence was amended and restated by sec. 2203(c) of the
    Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2158). The
    former text made reference to the Foreign Service Act of 1946 which was
    repealed by the 1980 Act.
    ---------------------------------------------------------------------------
        (c) \992\ The President may appoint any United States
    citizen who is not an employee of the United States Government
    or may assign any United States citizen who is a United States
    Government employee to serve as Chairman of the Development
    Assistance Committee or any successor committee thereto of the
    Organization for Economic Cooperation and Development upon
    election thereto by members of said Committee, and, in his
    discretion, may terminate such appointment or assignment,
    notwithstanding any other provision of law. Such person may
    receive such compensation and allowances as are authorized by
    the Foreign Service Act of 1980, not to exceed those authorized
    for a chief of mission (as defined in section 102(a)(3) of that
    Act), as the President shall determine to be appropriate. Such
    person (if not a United States Government employee who is
    assigned to serve as Chairman) shall be deemed to be an
    employee of the United States Government for purposes of
    chapters 81, 83, 87, and 89 of title 5, United States
    Code.\993\ Such person may also, in the President's discretion,
    receive any other benefits and perquisites available under this
    Act to chiefs of special missions or staffs outside the United
    States established under this section.
    ---------------------------------------------------------------------------
        \992\ Subsec. (c) was added by sec. 302(d) of the FA Act of 1963.
        \993\ This sentence was amended and restated by sec. 2203(d) of the
    Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2158). The
    former text made reference to the Foreign Service Act of 1946 which was
    repealed by the 1980 Act.
    ---------------------------------------------------------------------------
        (d) \994\ Wherever practicable, especially in the case of
    the smaller programs, assistance under part I of this Act \995\
    shall be administered under the direction of the Chief of the
    United States Diplomatic Mission by the principal economic
    officer of the mission.\996\
    ---------------------------------------------------------------------------
        \994\ Subsec. (d) was added by sec. 302(f) of the FA Act of 1965.
        \995\ The reference to ``part I'' was added by sec. 7(b)(1) of the
    International Security Assistance Act of 1977 (Public Law 95-92; 91
    Stat. 617).
        \996\ The words ``in the case of assistance under part I, and by
    the senior military officer of the mission in the case of assistance
    under part II'', which had previously appeared at this point, were
    struck out by sec. 7(b)(2) of the International Security Assistance Act
    of 1977 (Public Law 95-92; 91 Stat. 617).
    ---------------------------------------------------------------------------
        Sec. 632.\997\ Allocation and Reimbursement Among
    Agencies.--(a) The President may allocate or transfer to any
    agency of the United States Government any part of any funds
    available for carrying out the purposes of this Act, including
    any advance to the United States Government by any country or
    international organization for the procurement of commodities,
    defense articles, military education and training,\998\ or
    services (including defense services). Such funds shall be
    available for obligation and expenditure for the purposes for
    which authorized, in accordance with authority granted in this
    Act or under authority governing the activities of the agencies
    of the United States Government to which such funds are
    allocated or transferred.
    ---------------------------------------------------------------------------
        \997\ 22 U.S.C. 2392.
        \998\ The words ``, military education and training'' were added by
    sec. 106(b) of the International Security Assistance and Arms Export
    Control Act of 1976 (Public Law 94-329; 90 Stat. 733).
    ---------------------------------------------------------------------------
        (b) Any officer of the United States Government carrying
    out functions under this Act may utilize the services
    (including defense services) and facilities of, or procure
    commodities, defense articles, or military education and
    training \999\ 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.
    ---------------------------------------------------------------------------
        \999\ The words ``, defense articles, or military education and
    training'' were inserted in lieu of ``and defense articles'' by sec.
    106(b) of the International Security Assistance and Arms Export Control
    Act of 1976 (Public Law 94-329; 90 Stat. 733).
    ---------------------------------------------------------------------------
        (c) In the case of any commodity, service, or facility
    procured from any agency of the United States Government to
    carry out part I, reimbursement or repayment shall be made to
    such agency from funds available to carry out such part. Such
    reimbursement or payment shall be at replacement cost, or, if
    required by law, at actual cost, or, in the case of services
    procured from the Department of Defense to carry out chapter 8
    of part I, the amount of the additional costs incurred by the
    Department of Defense in providing such services,\1000\ or at
    any other price authorized by law and agreed to by the owning
    or disposing agency. The amount of any such reimbursement or
    payment shall be credited to current applicable appropriations,
    funds, or accounts, from which there may be procured
    replacements of similar commodities, services, or facilities,
    except that where such appropriations, funds, or accounts are
    not reimbursable except by reason of this subsection, and when
    the owning or disposing agency determines that such replacement
    is not necessary, any funds received in payment therefor shall
    be deposited into the Treasury as miscellaneous receipts.
    ---------------------------------------------------------------------------
        \1000\ Sec. 4506 of Public Law 100-690 (102 Stat. 4286) added ``or,
    in the case of * * *,''.
    ---------------------------------------------------------------------------
        (d) Except as otherwise provided in section 506,\1001\
    reimbursement shall be made to any United States Government
    agency, from funds available for use under part II, for any
    assistance furnished under part II from, by, or through such
    agency. Such reimbursement shall be in an amount equal to the
    value (as defined in section 644(m)) of the defense articles or
    of the defense services (other than salaries of members of the
    Armed Forces of the United States), or other assistance
    furnished, plus expenses arising from or incident to operations
    under part II (other than salaries of the Armed Forces of the
    United States and unfunded estimated costs of civilian
    retirement and other benefits).\1002\ The amount of such
    reimbursement shall be credited to the current applicable
    appropriations, funds, or accounts of such agency.
    ---------------------------------------------------------------------------
        \1001\ Sec. 45(b)(3) of the Foreign Military Sales Act (Public Law
    90-629) inserted ``section 506'' in lieu of secs. ``506, 522, and
    523,''.
        \1002\ Section 9104(b)(2) of the Department of Defense
    Appropriations Act, 1990 (Public Law 101-165; 103 Stat. 1152) inserted
    parenthetical language at end of sentence.
    ---------------------------------------------------------------------------
        (e) In furnishing assistance under this Act, accounts may
    be established on the books of any agency of the United States
    Government or, on terms and conditions approved by the
    Secretary of the Treasury, in banking institutions in the
    United States, (1) against which letters of commitment may be
    issued which shall constitute recordable obligations of the
    United States Government, and moneys due or to become due under
    such letters of commitment shall be assignable under the
    Assignment of Claims Act of 1940, as amended (second and third
    paragraphs of 31 U.S.C. 203 and 41 U.S.C. 15), and (2) from
    which disbursements may be made to, or withdrawals may be made
    by, recipient countries or agencies, organizations, or persons
    upon presentation of contracts, invoices, or other appropriate
    documentation. Expenditure of funds which have been made
    available through accounts so established shall be accounted
    for on standard documentation required for expenditure of funds
    of the United States Government: Provided, That such
    expenditures for commodities, defense articles, military
    education and training services (including defense services),
    or facilities procured outside the United States may be
    accounted for exclusively on such certification as may be
    prescribed in regulations approved by the Comptroller General
    of the United States.
         (f) Credits made by the Export-Import Bank of Washington
    with funds allocated thereto under subsection (a) of this
    section or under section 522(a) of the Mutual Security Act of
    1954, as amended, shall not be considered in determining
    whether the Bank has outstanding at any one time loans and
    guaranties to the extent of the limitation imposed by section 7
    of the Export-Import Bank Act of 1945,\1003\ as amended (12
    U.S.C. 635e).
    ---------------------------------------------------------------------------
        \1003\ For text, see Legislation on Foreign Relations Through 2000,
    vol. III.
    ---------------------------------------------------------------------------
        (g) Any appropriation or account available to carry out
    provisions of part I may initially be charged in any fiscal
    year, within the limit of available funds, to finance expenses
    for which funds are available in other appropriations or
    accounts under part I: Provided, That as of the end of such
    fiscal year such expenses shall be finally charged to
    applicable appropriations or accounts with proper credit to the
    appropriations or accounts initially utilized for financing
    purposes: Provided further, That such final charge to
    applicable appropriations or accounts shall not be required in
    the case of expenses (other than those provided for under
    section 637(a)) incurred in furnishing assistance by the agency
    primarily responsible for administering part I where it is
    determined that the accounting costs of identifying the
    applicable appropriation or account to which such expenses
    should be charged would be disproportionate to the advantage to
    be gained.
        Sec. 633.\1004\ Waivers of Certain Laws.--(a) Whenever the
    President determines it to be in furtherance of the purposes of
    this Act,\1005\ the functions authorized under this Act may be
    performed without regard to such provisions of law (other than
    the Renegotiation Act of 1951, as amended (50 U.S.C. App. 1211
    et seq.)), regulating the making, performance, amendment, or
    modification of contracts and the expenditure of funds of the
    United States Government as the President may specify.\1006\
    ---------------------------------------------------------------------------
        \1004\ 22 U.S.C. 2393.
        \1005\ Sec. 1405 of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1675) amended
    subchapter IV of chapter 15 of title 31, U.S.C., to limit the
    availability of funds beyond the year in which such funds were
    appropriated, unless otherwise expressly stated, and canceled
    unobligated funds and pending obligated funds (see 31 U.S.C. 1551-1557,
    and related notes).
        \1006\ See Executive Order 11223 (30 F.R. 6635, signed May 12,
    1965); amended by Executive Order 12163 (44 F.R. 56673, signed
    September 29, 1979); amended by Executive Order 12178 (44 F.R. 71807,
    signed December 10, 1979), in Legislation on Foreign Relations Through
    2000, vol. I-B.
    ---------------------------------------------------------------------------
        (b) The functions authorized under part II may be performed
    without regard to such provisions as the President may specify
    of the joint resolution of November 4, 1939 (54 Stat. 4), as
    amended.
        (c) Notwithstanding the provisions of sections 3544(b) and
    8544(b) of title 10 of the United States Code, personnel of the
    Department of Defense may be assigned or detailed to any civil
    office to carry out this Act. [Referenced sections repealed by
    Public Law 90-235. See 10 U.S.C. 973(b).]
        Sec. 633A.\1007\ Furnishing Information.--None of the funds
    made available pursuant to the provisions of this Act shall be
    used to carry out any provision of this Act in any country or
    with respect to any project or activity, after the expiration
    of the thirty-five-day period which begins on the date the
    General Accounting Office or any committee of the Congress
    charged with considering legislation, appropriations or
    expenditures under this Act, has delivered to the office of the
    head of any agency carrying out such provision, a written
    request that it be furnished any document, paper,
    communication, audit, review, finding, recommendation, report,
    or other material in its custody or control relating to the
    administration of such provision in such country or with
    respect to such project or activity, unless and until there has
    been furnished to the General Accounting Office, or to such
    committee, as the case may be, (1) the document, paper,
    communication, audit, review, finding, recommendation, report,
    or other material so requested, or (2) a certification by the
    President that has forbidden the furnishing thereof pursuant to
    request and his reason for so doing.
    ---------------------------------------------------------------------------
        \1007\ 22 U.S.C. 2393a. Sec. 502(a)(1) of the International
    Development and Food Assistance Act of 1978 (Public Law 95-424; 92
    Stat. 957) added the section designated 633A.
    ---------------------------------------------------------------------------
        Sec. 634.\1008\ Annual Report.--(a) In order that the
    Congress and the American people may be better and more
    currently informed regarding American foreign policy and the
    effectiveness of assistance provided by the United States
    Government to other countries and to international
    organizations, the Chairman of the Development Coordination
    Committee shall prepare and transmit to the Congress, no later
    than February 1 of each year, as a part of the annual
    presentation materials for foreign assistance, a report as
    described in this subsection. This report shall include--\1009\
    ---------------------------------------------------------------------------
        \1008\ 22 U.S.C. 2394. Sec. 634 was amended and restated by sec.
    502(a)(2) of the International Development and Food Assistance Act of
    1978 (Public Law 95-424; 92 Stat. 957). Sec. 305(b) of Public Law 99-83
    (99 Stat. 215) (concerning the promotion of immunization and oral
    rehydration) provided as follows:
        ``Each annual report required by section 634 of the Foreign
    Assistance Act of 1961 shall describe the progress achieved during the
    preceding fiscal year in carrying out section 104(c)(3) of such Act.''.
        \1009\ Sec. 733(1) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1559) amended and
    restated subsec. (a) to this point.
    ---------------------------------------------------------------------------
              (1)(A) a comprehensive and coordinated review of all
            United States policies and programs having a major
            impact on the development of developing countries,
            including but not limited to bilateral and multilateral
            assistance, trade, debt, employment, food, energy,
            technology, population, oceans, environment, human
            settlements, natural resources, and participation in
            international agencies concerned with development;
              (B) an assessment of the impact of such policies and
            programs on the well-being of the poor majority in
            developing countries in accordance with the policy
            objectives of chapter 1 of part I, including \1010\
            increasing life expectancy and literacy, lowering
            infant mortality and birth rates, and increasing food
            production and employment, such assessment to include
            an evaluation of the extent to which programs under
            chapter 1 of part I directly benefit the poor majority;
            and \1011\
    ---------------------------------------------------------------------------
        \1010\ The words ``the progressive developing countries are making
    toward achieving those objectives which are indicative of improved
    well-being of the poor majority, which objectives shall include but not
    be limited to'' which previously appeared at this point, were struck
    out by sec. 733(2) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1559).
        \1011\ The language beginning with ``such assessment to include''
    and ending with ``the poor majority'' was added by sec. 312(b) of the
    International Security and Development Cooperation Act of 1985 (Public
    Law 99-83; 99 Stat. 216).
    ---------------------------------------------------------------------------
              (C) an assessment of the impact of such policies and
            programs on economic conditions in the United States,
            including but not limited to employment, wages, and
            working conditions;
              (2) the dollar value of all foreign assistance and
            guaranties by category and by country provided or made
            by the United States Government by any means to all
            foreign countries and international organizations--
                      (A) from 1946 to the fiscal year immediately
                    preceding the fiscal year for which the report
                    is required;
                      (B) as presented to Congress for the
                    immediate preceding fiscal year;
                      (C) as obligated during the immediately
                    preceding fiscal year;
                      (D) as planned for the fiscal year in which
                    the report is presented;
                      (E) as proposed for the fiscal year following
                    the year in which the report is presented; and
                      (F) \1012\ of any contract in excess of
                    $100,000 administered by the Agency for
                    International Development which was entered
                    into in the preceding fiscal year without
                    competitive selection procedures, and the
                    reasons for doing so;
    ---------------------------------------------------------------------------
        \1012\ Subpar. (F) was added by sec. 733(3) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1559).
    ---------------------------------------------------------------------------
              (3) a summary of repayments, by country, to the
            United States from previous foreign assistance loans;
              (4) \1013\ the status of each sale of agricultural
            commodities on credit terms theretofore made under the
            Agricultural Trade Development and Assistance Act of
            1954 with respect to which there remains outstanding
            any unpaid obligation; and the status of each
            transaction with respect to which a loan, contract or
            guarantee of insurance, or extension of credit (or
            participation therein) was theretofore made under the
            Export-Import Bank Act of 1945 with respect to which
            there remains outstanding any unpaid obligation or
            potential liability; except that such report shall
            include individually only any loan, contract, sale,
            extension of credit, or other transactions listed in
            this paragraph which is in excess of $1,000,000;
    ---------------------------------------------------------------------------
        \1013\ Par. (4) was amended and restated by sec. 733(4) of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1559). Previously, par. (4) also required
    information on loans and contracts concerning security assistance under
    this Act and credits for the procurement of defense articles under the
    Arms Export Control Act. This information is now required by sec.
    25(a)(11) of the Arms Export Control Act.
    ---------------------------------------------------------------------------
              (5)(A) the status of the debt servicing capacity of
            each country receiving assistance under this Act;
              (B) all forms of debt relief granted by the United
            States with respect to such countries, together with a
            detailed statement of the specific debt relief granted
            with respect to each such country and the purpose for
            which it was granted; and
              (C) a summary of the net aid flow from the United
            States to such countries, taking into consideration the
            debt relief granted by the United States;
              (6) \1014\ the dollar value of all official
            development assistance, security assistance,
            international disaster assistance, refugee assistance,
            and international narcotic control assistance provided
            by each government of a country which is a member of
            the Organization for Economic Cooperation and
            Development or of the Organization of Petroleum
            Exporting Countries;
    ---------------------------------------------------------------------------
        \1014\ Sec. 707 of the International Security and Development
    Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3159) redesignated
    existing par. (6) as par. (8) and added new pars. (6) and (7). Sec.
    733(6) of the International Security and Development Cooperation Act of
    1981 (Public Law 97-113,;95 Stat. 1559) struck out par. (8) (as
    redesignated) and inserted new pars. (8) through (12). Similar
    information required in each of the new pars. (8) through (12) had been
    previously required under other provisions as follows: par. (8)--sec.
    613(c) of this Act (semiannually); par. (9)--sec. 640B(g) of this Act;
    par. (10)--sec. 657 of this Act; par. (11)--sec. 133(c)(6) of Public
    Law 95-88; and par. (12)--former par. (8) of this subsection.
    ---------------------------------------------------------------------------
              (7) \1014\ the percentage which each type of
            assistance described in paragraph (6) represents of (A)
            the gross national product of each country referred to
            in paragraph (6), and (B) the budget of the government
            of such country, as well as the per capita contribution
            for each country for each type of assistance described
            in paragraph (6);
              (8) \1014\ the amount of all foreign currencies
            acquired without payment of dollars on hand of each
            foreign country as of September 30 of the preceding
            fiscal year;
              (9) \1014\ the Development Coordination Committee's
            operations pursuant to section 640B(f) of this Act;
              (10) \1014\ the aggregate dollar value and quantity
            of grant military assistance, military education and
            training, and any other defense articles and services
            furnished under this Act by the United States to each
            foreign country and international organization for the
            preceding fiscal year;
              (11) \1014\ information concerning the activities of
            the Minority Resource Center during the preceding
            fiscal year; and
              (12) \1014\ other information appropriate to the
            conduct of the foreign assistance program of the United
            States Government.
        (b) For purposes of this section--
              (1) ``foreign assistance'' means any tangible or
            intangible item provided by the United States
            Government to a foreign country or international
            organization under this or any other Act, including but
            not limited to any training, service, or technical
            advice, any item of real, personal, or mixed property,
            any agricultural commodity, United States dollars, and
            any currencies of any foreign country which are owned
            by the United States Government; and
              (2) ``provided by the United States Government''
            includes, but is not limited to, foreign assistance
            provided by means of gift, loan, sale, credit, or
            guaranty.
        Sec. 634A.\1015\ Notification of Program Changes.--(a)
    \1016\ None of the funds appropriated to carry out the purposes
    of this Act (except for programs under title III or title IV of
    chapter 2 of part I, chapter 5 of part I, and programs of
    disaster relief and rehabilitation) or the Arms Export Control
    Act \1017\ may be obligated for any activities, programs,
    projects, types of material assistance, countries, or other
    operations not justified, or in excess of the amount justified,
    to the Congress for obligation under this Act or the Arms
    Export Control Act \1017\ for any fiscal year unless the
    Committee on Foreign Relations of the Senate, the Committee on
    Foreign Affairs \1018\ of the House of Representatives, and the
    Committee on Appropriations of each House of the Congress are
    notified fifteen days in advance of such obligation. Whenever a
    proposed reprogramming exceeds $1,000,000 and the total amount
    proposed for obligation for a country under this Act in a
    fiscal year exceeds by more than $5,000,000 the amount
    specified for that country in the report required by section
    653(a) of this Act, notifications of such proposed
    reprogrammings shall specify--
    ---------------------------------------------------------------------------
        \1015\ 22 U.S.C. 2394-1. Added originally as sec. 671 by the
    International Development and Food Assistance Act of 1977 (Public Law
    95-88; 91 Stat. 543), sec. 634A was redesignated as such and moved to
    this point by sec. 502(b) of the International Development and Food
    Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959).
        \1016\ Subsecs. (b) and (c) were added by sec. 1209(a)(3) of the
    International Security and Development Cooperation Act of 1985 (Public
    Law 99-83; 99 Stat 278). Sec. 1209(a)(1) of the Act also inserted the
    designation for subsec. (a) of sec. 634A.
        \1017\ References to the Arms Export Control Act were added by sec.
    1209(a)(2) of the International Security and Development Cooperation
    Act of 1985 (Public Law 99-83; 99 Stat. 278).
        \1018\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives. Previously,
    sec. 9(a)(6) of Public Law 103-437 (108 Stat. 4588) struck out
    ``International Relations'' and inserted in lieu thereof ``Foreign
    Affairs''.
    ---------------------------------------------------------------------------
              (1) the nature and purpose of such proposed
            obligation, and
              (2) to the extent possible at the time of the
            proposed obligation, the country for which such funds
            would otherwise have been obligated.\1019\
    ---------------------------------------------------------------------------
        \1019\ This final sentence in sec. 634A was added by sec. 704 of
    the International Security and Development Cooperation Act of 1981
    (Public Law 97-113; 95 Stat. 1544).
    ---------------------------------------------------------------------------
        (b) \1016\ The notification requirement of this section
    does not apply to the reprogramming--
              (1) of funds to be used for an activity, program, or
            project under chapter 1 of part I if the amounts to be
            obligated for that activity, program, or project for
            that fiscal year do not exceed by more than 10 percent
            the amount justified to the Congress for that activity,
            program, or project for that fiscal year; or
              (2) of less than $25,000 to be used under chapter 8
            of part I, or under chapter 5 of part II, for a country
            for which a program under that chapter for that fiscal
            year was justified to the Congress.
        (c) \1016\ The President shall notify the chairman of the
    Committee on Foreign Relations of the Senate and the chairman
    of the Committee on Foreign Affairs \1020\ of the House of
    Representatives concerning any reprogramming of funds in the
    International Affairs Budget Function, the authorizations of
    appropriations for which are in their respective jurisdictions,
    to the same degree and with the same conditions as the
    President notifies the Committees on Appropriations. The
    requirements of this subsection are in addition to, and not in
    lieu of, other notification requirements.
    ---------------------------------------------------------------------------
        \1020\ 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. 634B.\1021\ Classification of Reports.--All
    information contained in any report transmitted under this Act
    shall be public information. However, in the case of any item
    of information to be included in any such report that the
    President, on an extraordinary basis, determines is clearly
    detrimental to the security of the United States, he shall
    explain in a supplemental report why publication of each
    specific item would be detrimental to the security of the
    United States. A supplemental report shall be transmitted to
    the Congress at the time the report is transmitted.
    ---------------------------------------------------------------------------
        \1021\ 22 U.S.C. 23941a. Sec. 634B was added by sec. 502(c) of the
    International Development and Food Assistance Act of 1978 (Public Law
    95-424; 92 Stat. 959).
    ---------------------------------------------------------------------------
        Sec. 635.\1022\ General Authorities.--(a) Except as
    otherwise specifically provided in this Act, assistance under
    this Act may be furnished on a grant basis or on such terms,
    including cash, credit, or other terms of repayment (including
    repayment in foreign currencies or by transfer to the United
    States Government of commodities) as may be determined to be
    best suited to the achievement of the purposes of this Act, and
    shall emphasize loans rather than grants wherever possible.
    ---------------------------------------------------------------------------
        \1022\ 22 U.S.C. 2395.
    ---------------------------------------------------------------------------
        (b) The President may make loans, advances, and grants to,
    make and perform agreements and contracts with, or enter into
    other transactions with, any individual, corporation, or other
    body of persons, friendly government or government agency,
    whether within or without the United States and international
    organizations in furtherance of the purposes and within the
    limitations of this Act.
        (c) It is the sense of Congress that the President, in
    furthering the purposes of this Act, shall use to the maximum
    extent practicable the services and facilities of voluntary,
    nonprofit organizations registered with, and approved by, the
    Agency for International Development.\1023\
    ---------------------------------------------------------------------------
        \1023\ Reference to the Agency for International Development was
    inserted in lieu of a reference to the Advisory Committee on Voluntary
    Foreign Aid by sec. 121 of the International Development Cooperation
    Act of 1979 (Public Law 96-53; 93 Stat. 366).
    ---------------------------------------------------------------------------
        (d) The President may accept and use in furtherance of the
    purposes of this Act, money, funds, property, and services of
    any kind made available by gift, devise, bequest, grant, or
    otherwise for such purpose.
        (e)(1) \1024\ Any agency of the United States Government is
    authorized to pay the cost of health and accident insurance for
    foreign participants in any program of furnishing technical
    information and assistance administered by such agency while
    such participants are absent from their homes for the purpose
    of participation in such program.
    ---------------------------------------------------------------------------
        \1024\ Sec. 302(i)(1) of the FA Act of 1967 added paragraph
    designation ``(1)'' and par. (2).
    ---------------------------------------------------------------------------
        (2) \1024\ Any agency of the United States Government is
    authorized to pay the cost of health and accident insurance for
    foreign employees of that agency while those employees are
    absent from their places of employment abroad for purposes of
    training or other official duties.
        (f) Alien participants in any program of furnishing
    technical information and assistance under this Act may be
    admitted to the United States if otherwise qualified as
    nonimmigrants under section 101(a)(15) of the Immigration and
    Nationality Act, as amended (8 U.S.C. 1101(a)(15)), for such
    time and under such conditions as may be prescribed by
    regulations promulgated by the Secretary of State and the
    Attorney General.
        (g) In making loans \1025\ under this Act, the President--
    ---------------------------------------------------------------------------
        \1025\ The words ``and sales'', which appeared at this point, were
    added by sec. 302(g) of the FA Act of 1965; then deleted by sec.
    302(i)(2) of the FA Act of 1967, effective June 30, 1968.
    ---------------------------------------------------------------------------
              (1) may issue letters of credit and letters of
            commitment;
              (2) may collect or compromise any obligations
            assigned to, or held by, and any legal or equitable
            rights accruing to him, and, as he may determine, refer
            any such obligations or rights to the Attorney General
            for suit or collection;
              (3) may acquire and dispose of, upon such terms and
            conditions as he may determine, any property, including
            any instrument evidencing indebtedness or ownership
            (provided that equity securities may not be directly
            purchased although such securities may be acquired by
            other means such as by exercise of conversion rights or
            through enforcement of liens or pledges or otherwise to
            satisfy a previously incurred indebtedness), and
            guarantee payment against any such instrument;
              (4) may determine the character of, and necessity
            for, obligations and expenditures of funds used in
            making such loans and the manner in which they shall be
            incurred, allowed, and paid, subject to provisions of
            law specifically applicable to corporations of the
            United States Government; and
              (5) shall cause to be maintained an integral set of
            accounts which shall be audited by the General
            Accounting Office in accordance with principles and
            procedures applicable to commercial corporate
            transactions as provided by the Government Corporation
            Control Act, as amended (31 U.S.C. 841 et seq.).
        (h) A contract or agreement which entails commitments for
    the expenditure of funds \1026\ available under chapter 1
    \1027\ (except development loans) \1028\ and title II of
    chapter 2 of part I and under part II may, subject to any
    future action of the Congress, extend at any time for not more
    than five years.
    ---------------------------------------------------------------------------
        \1026\ Sec. 302(g) of the FA Act of 1962 deleted the word ``made''
    which appeared after the word ``funds''.
        \1027\ Reference to chapter 1 was inserted in lieu of reference to
    titles V and VI by sec. 102(g)(2)(G) of the International Development
    and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943).
        \1028\ The words ``(except development loans)'' were added by sec.
    302(d) of the FA Act of 1966.
    ---------------------------------------------------------------------------
        (i) Claims arising as a result of investment guaranty
    operations may be settled, and disputes arising as the result
    thereof may be arbitrated with the consent of the parties, on
    such terms and conditions as the President may direct. Payment
    made pursuant to any such settlement, or as a result of an
    arbitration award, shall be final and conclusive
    notwithstanding any other provision of law.
        (j) The provisions of section 955 of title 18 of the United
    States Code shall not apply to prevent any person, including
    any individual, partnership, corporation, or association, from
    acting for, or participating in, any operation or transaction
    arising under this Act, or from acquiring any obligation issued
    in connection with any operation or transaction arising under
    this Act.
        (k) \1029\ Any cost-type contract or agreement (including
    grants) entered into with a university, college, or other
    educational institution for the purpose of carrying out
    programs authorized by part I may provide for the payment of
    the reimbursable indirect costs of said university, college, or
    other educational institution on the basis of predetermined
    fixed-percentage rates applied to the total or an element
    thereof, of the reimbursable direct costs incurred.
    ---------------------------------------------------------------------------
        \1029\ Subsec. (k) was added by sec. 302(e) of the FA Act of 1963.
    ---------------------------------------------------------------------------
        (l) \1030\ The Administrator of the agency primarily
    responsible for administering part I may use funds made
    available under that part to provide program and management
    oversight for activities that are funded under that part and
    that are conducted in countries in which the agency does not
    have a field mission or office.
    ---------------------------------------------------------------------------
        \1030\ Sec. 301 of the Global AIDS and Tuberculosis Relief Act of
    2000 (Public Law 106-264; 114 Stat. 760) added subsec. (l).
    ---------------------------------------------------------------------------
        (m) \1031\ (1) There is established a working capital fund
    (in this subsection referred to as the ``fund'') for the United
    States Agency for International Development (in this subsection
    referred to as the ``Agency'') which shall be available without
    fiscal year limitation for the expenses of personal and
    nonpersonal services, equipment, and supplies for--
    ---------------------------------------------------------------------------
        \1031\ Added by sec. 404 of the Microenterprise for Self-Reliance
    and International Anti-Corruption Act of 2000 (Public Law 106-309; 114
    Stat. 1098).
    ---------------------------------------------------------------------------
              (A) International Cooperative Administrative Support
            Services; and
              (B) rebates from the use of United States Government
            credit cards.
        (2) The capital of the fund shall consist of--
              (A) the fair and reasonable value of such supplies,
            equipment, and other assets pertaining to the functions
            of the fund as the Administrator determines,
              (B) rebates from the use of United States Government
            credit cards, and
              (C) any appropriations made available for the purpose
            of providing capital,
    minus related liabilities.
        (3) The fund shall be reimbursed or credited with advance
    payments for services, equipment, or supplies provided from the
    fund from applicable appropriations and funds of the Agency,
    other Federal agencies and other sources authorized by section
    607 at rates that will recover total expenses of operation,
    including accrual of annual leave and depreciation. Receipts
    from the disposal of, or payments for the loss or damage to,
    property held in the fund, rebates, reimbursements, refunds and
    other credits applicable to the operation of the fund may be
    deposited in the fund.
        (4) At the close of each fiscal year the Administrator of
    the Agency shall transfer out of the fund to the miscellaneous
    receipts account of the Treasury of the United States such
    amounts as the Administrator determines to be in excess of the
    needs of the fund.
        (5) The fund may be charged with the current value of
    supplies and equipment returned to the working capital of the
    fund by a post, activity, or agency, and the proceeds shall he
    credited to current applicable appropriations.
        Sec. 636.\1032\ Provisions on Uses of Funds.--(a)
    Appropriations for the purposes of or pursuant to this Act
    (except for Part II), allocations to any agency of the United
    States Government, from other appropriations, for functions
    directly related to the purposes of this Act, and funds made
    available for other purposes to the agency primarily
    responsible for administering part I, shall be available for:
    ---------------------------------------------------------------------------
        \1032\ 22 U.S.C. 2396.
    ---------------------------------------------------------------------------
              (1) rent of buildings and space in buildings in the
            United States, and for repair, alteration, and
            improvements of such leased properties;
              (2) expenses of attendance at meetings concerned with
            the purposes of such appropriations of this Act,
            including (notwithstanding the provisions of section 9
            of Public Law 60328 (31 U.S.C. 673)) expenses in
            connection with meetings and persons whose employment
            is authorized by section 626;
              (3) contracting with individuals for personal service
            abroad: Provided, That such individuals shall not be
            regarded as employees of the United States Government
            for the purpose of any law administered by the Civil
            Service Commission;
              (4) purchase, maintenance, operation, and hire of
            aircraft: Provided, That aircraft for administrative
            purposes may be purchased only as specifically provided
            for in an appropriation or other Act;
              (5) purchase and hire of passenger motor vehicles:
            Provided, That, except as may otherwise be provided in
            an appropriation or other Act, passenger motor vehicles
            for administrative purposes outside the United States
            may be purchased for replacement only, and such
            vehicles may be exchanged or sold and replaced by an
            equal number of such vehicles and the cost, including
            exchange allowance, of each such replacement shall not
            exceed the current market price in the United States of
            a mid-sized sedan or station wagon meeting the
            requirements established by the General Services
            Administration for a Class III vehicle of United States
            manufacture (or, if the replacement vehicle is a right-
            hand drive vehicle, 120 percent of that price) \1033\
            in the case of an automobile for the chief of any
            special mission or staff outside the United States
            established under section 631: Provided further, That
            passenger motor vehicles other than one for the
            official use \1034\ of the head of the agency primarily
            responsible for administering part I, may be purchased
            for use in the United States only as may be
            specifically provided in an appropriation or other Act;
    ---------------------------------------------------------------------------
        \1033\ The words to this point beginning with ``the current market
    price * * *'' were inserted in lieu of ``$3,500'' by sec. 505 of the
    International Development and Food Assistance Act of 1978 (Public Law
    95-424; 92 Stat. 960).
        \1034\ Public Law 99-550 (100 Stat. 3067) deleted the following
    phrase: ``(without regard to the limitations contained in section 5 of
    Public Law 63127, as amended (31 U.S.C. 638a(c)(2)), and section 201 of
    Public Law 85468 (31 U.S.C. 638(c))''.
        Similar provisions were deleted from sec. 48 of the Arms Control
    and Disarmament Act. See Legislation on Foreign Relations Through 2000,
    vol. II, sec. F, notes.
    ---------------------------------------------------------------------------
              (6) entertainment (not to exceed $25,000 in any
            fiscal year except as may otherwise be provided in an
            appropriation or other Act);
              (7) exchange of funds without regard to section 3651
            of the Revised Statutes (31 U.S.C. 543) and loss by
            exchange;
              (8) expenditures (not to exceed $50,000 in any fiscal
            year except as may otherwise be provided in an
            appropriation or other Act) of a confidential character
            other than entertainment: Provided, That a certificate
            of the amount of such expenditure, the nature of which
            it is considered inadvisable to specify, shall be made
            by the head of the agency primarily responsible for
            administering part I or such person as he may
            designate, and every such certificate shall be deemed a
            sufficient voucher for the amount therein specified;
            \1035\
    ---------------------------------------------------------------------------
        \1035\ See also sec. 614(c) of this Act.
    ---------------------------------------------------------------------------
              (9) insurance of official motor vehicles or aircraft
            acquired for use in foreign countries;
              (10) rent or lease outside the United States for not
            to exceed ten years of offices, buildings, grounds, and
            quarters, including living quarters to house personnel,
            and payments therefor in advance; maintenance,
            furnishings, necessary repairs, improvements, and
            alterations to properties owned or rented by the United
            States Government or made available for use to the
            United States Government outside the United States; and
            costs of fuel, water, and utilities for such
            properties;
              (11) expenses of preparing and transporting to their
            former homes, or, with respect to foreign participants
            engaged in any program under part I, to their former
            homes or places of burial, and of care and disposition
            of, the remains of persons or members of the families
            of persons who may die while such persons are away from
            their homes participating in activities carried out
            with funds covered by this subsection;
              (12) purchase of uniforms;
              (13) payment of per diem in lieu of subsistence to
            foreign participants engaged in any program under part
            I while such participants are away from their homes in
            countries other than the United States, at rates not in
            excess of those prescribed by the standardized
            Government travel regulations, notwithstanding any
            other provision of law;
              (14) use in accordance with authorities of the
            Foreign Service Act of 1980 \1036\ (22 U.S.C. 3901 et
            seq.) not otherwise provided for;
    ---------------------------------------------------------------------------
        \1036\ Sec. 1211(b)(1) of the International Security and
    Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279)
    inserted reference to the 1980 Act which updated a reference to the
    1946 version of the Act which had been repealed and replaced by the
    1980 version.
    ---------------------------------------------------------------------------
              (15) ice and drinking water for use outside the
            United States;
              (16) services of commissioned officers of the
            Environmental Science Services Administration and for
            the purposes of providing such services to the
            Environmental Science Services Administration \1037\
            may appoint not to exceed twenty commissioned officers
            in addition to those otherwise authorized;
    ---------------------------------------------------------------------------
        \1037\ Sec. 302(k) of the FA Act of 1967 inserted ``Environmental
    Science Service Administration'' in lieu of ``Coast and Geodetic
    Survey''.
    ---------------------------------------------------------------------------
              (17) expenses in connection with travel of personnel
            outside the United States, including travel expenses of
            dependents (including expenses during necessary
            stopovers while engaged in such travel), and
            transportation of personal effects, household goods,
            and automobiles of such personnel when any part of such
            travel or transportation begins in one fiscal year
            pursuant to travel orders issued in that fiscal year,
            notwithstanding the fact that such travel or
            transportation may not be completed during the same
            fiscal year, and cost of transporting automobiles to
            and from a place of storage, and the cost of storing
            automobiles of such personnel when it is in the public
            interest or more economical to authorize storage.
        (b) Funds made available for the purposes of this Act may
    be used for compensation, allowances, and travel of personnel
    including Foreign Service personnel whose services are utilized
    primarily for the purposes of this Act, for printing and
    binding without regard to the provisions of any other law, and
    for expenditures outside the United States for the procurement
    of supplies and services and for other administrative and
    operating purposes (other than compensation of personnel)
    without regard to such laws and regulations governing the
    obligation and expenditure of funds of the United States
    Government as may be necessary to accomplish the purposes of
    this Act.
        (c) \1038\ Notwithstanding any other law, not to exceed
    $6,000,000 \1039\ of the funds available for assistance under
    this Act \1040\ may be used in any fiscal year (in addition to
    funds available for such use under other authorities in this
    Act) to construct or otherwise acquire outside the United
    States (1) essential living quarters, office space, and
    necessary supporting facilities for use of personnel carrying
    out activities authorized by this Act, and (2) schools
    (including dormitories and boarding facilities) and hospitals
    for use of personnel carrying out activities authorized by this
    Act, United States Government personnel, and their dependents.
    In addition, funds made available for assistance under this Act
    \1040\ may be used, notwithstanding any other law, to equip,
    staff, operate, and maintain such schools and hospitals.
    ---------------------------------------------------------------------------
        \1038\ Sec. 585 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2047), provided the following:
        ``Sec. 585. (a) The proceeds of overseas property acquired by the
    Agency for International Development under the authority of section
    636(c) of the Foreign Assistance Act of 1961 may be deposited in a
    separate fund, which shall be known as the Property Management Fund.
    Such proceeds shall be available for use only for the purposes of
    section 636(c) of that Act, and shall remain available until expended.
    The Administrator of the Agency for International Development shall
    report all uses of funds deposited into the Property Management Fund as
    part of the annual Congressional Presentation materials submitted by
    the Agency for International Development.
        ``(b) The provisions of subsection (a) shall be applicable to
    property acquired prior to the date of enactment of this Act and at any
    time thereafter.''.
        \1039\ The figure $6,000,000 was substituted in lieu of $3,000,000
    by title II of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1988 (sec. 101(e) of the Continuing
    Appropriations for 1988; Public Law 100-202; 101 Stat. 1329).
        \1040\ The words ``(other than title I of chapter 2 of part I)'',
    which previously appeared at this point, were struck by sec. 102(g)(2)
    of the International Development and Food Assistance Act of 1978
    (Public Law 95-424; 92 Stat. 943).
    ---------------------------------------------------------------------------
        (d) Not to exceed $2,500,000 \1041\ of funds available for
    assistance under this Act \1040\ may be used in any fiscal year
    to provide assistance, on such terms and conditions as are
    deemed appropriate, to schools established, or to be
    established, outside the United States whenever it is
    determined that such action would be more economical or would
    best serve the interests of the United States in providing for
    the education of dependents of personnel carrying out
    activities authorized by this Act and dependents of United
    States Government personnel, in lieu of acquisition or
    construction pursuant to subsection (c) of this section.
    ---------------------------------------------------------------------------
        \1041\ Sec. 302(1) of the FA Act of 1967 inserted ``$2,500,000'' in
    lieu of ``$1,500,000''.
    ---------------------------------------------------------------------------
        (e) Funds available under this Act \1040\ may be used to
    pay costs of training United States citizen personnel employed
    or assigned pursuant to section 625(d)(2) (through interchange
    or otherwise) at any State or local unit of government, public
    or private nonprofit institution, trade, labor, agricultural,
    or scientific association or organization, or commercial firm;
    and the provisions of Public Law 84918 (7 U.S.C. 1881 et seq.)
    may be used to carry out the foregoing authority
    notwithstanding that interchange of personnel may not be
    involved or that the training may not take place at the
    institutions specified in that Act. Such training shall not be
    considered employment or holding of office under section 5533
    of title 5 of the United States Code,\1042\ and any payments or
    contributions in connection therewith may, as deemed
    appropriate by the head of the agency of the United States
    Government authorizing such training, be made by private or
    public sources and be accepted by any trainee, or may be
    accepted by and credited to the current applicable
    appropriation of such agency: Provided, however, That any such
    payments to any employee in the nature of compensation shall be
    in lieu, or in reduction, of compensation received from the
    United States Government.
    ---------------------------------------------------------------------------
        \1042\ Sec. 302(m) of the FA Act of 1967 inserted ``5533 of title 5
    of the United States Code'' in lieu of ``301 of the Dual Compensation
    Act (5 U.S.C. 3105)''.
    ---------------------------------------------------------------------------
        (f) Funds made available under chapter 1 of part I \1043\
    may be used for expenses (other than those provided for under
    section 637(a)) to assist in carrying out functions under
    chapter 1 \1044\ of part I, under the Agricultural Trade
    Development and Assistance Act of 1954, as amended (7 U.S.C.
    1691 et seq.), and under the Latin American Development Act, as
    amended \1045\ (22 U.S.C. 1942 et seq.), performed by the
    agency primarily responsible for administering part I or by the
    Corporation established under title IV of chapter 2 of part I
    with respect to loan activities which it carries out under the
    provisions of the Agricultural Trade Development and Assistance
    Act of 1954, as amended.\1046\
    ---------------------------------------------------------------------------
        \1043\ The reference to chapter 1 of part I was inserted in lieu of
    a reference to sec. 212 by sec. 102(g)(2)(J) of the International
    Development and Food Assistance Act of 1978 (Public Law 95-424; 92
    Stat. 943).
        \1044\ The reference to chapter 1 was inserted in lieu of a
    reference to title I of chapter 2 by sec. 102(g)(2)(J) of the
    International Development and Food Assistance Act of 1978 (Public Law
    95-424; 92 Stat. 943).
        \1045\ Sec. 302(h)(2) of the FA Act of 1965 inserted ``Latin
    American Development Act, as amended'' in lieu of ``Act to provide for
    assistance in the development of Latin America and in the
    reconstruction of Chile, and for other purposes''. For text of the
    Latin American Development Act, see Legislation on Foreign Relations
    Through 2000, vol. I-B.
        \1046\ The words to this point, beginning with ``or by the
    Corporation'', were added by sec. 306 of the FA Act of 1969. For text
    of the Agricultural Trade Development and Assistance Act of 1954, as
    amended, see Legislation on Foreign Relations Through 2000, vol. I-B.
    ---------------------------------------------------------------------------
        (g) Funds made available for the purposes of part II or the
    Arms Export Control Act \1047\ shall be available for--
    ---------------------------------------------------------------------------
        \1047\ Title III of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
    Stat. 1214), added this reference to the Arms Export Control Act.
    ---------------------------------------------------------------------------
              (1) administrative, extraordinary (not to exceed
            $300,000 in any fiscal year), and operating expenses
            incurred in furnishing defense articles, military
            education and training \1048\ and defense services on a
            grant or sales basis by the agency primarily
            responsible for administering part II; \1049\
    ---------------------------------------------------------------------------
        \1048\ The words ``, military education and training'' were added
    by sec. 106(b) of the International Security Assistance and Arms Export
    Control Act of 1976 (Public Law 94-329; 90 Stat. 733).
        \1049\ The words to this point, beginning with ``incurred in
    furnishing'' (except as noted in footnote 1048) were added by sec.
    302(d) of the FA Act of 1968.
    ---------------------------------------------------------------------------
              (2) reimbursement of actual expenses of military
            officers detailed or assigned as tour directors in
            connection with orientation visits of foreign military
            and related civilian personnel,\1050\ in accordance
            with the provisions of section 5702(c) of title 5 of
            the United States Code,\1051\ applicable to civilian
            officers and employees; and
    ---------------------------------------------------------------------------
        \1050\ The words ``and related civilian personnel'' were inserted
    in lieu of ``personnel'' by sec. 106(b) of the International Security
    Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90
    Stat. 733).
        \1051\ Sec. 302(n) of the FA Act of 1967 inserted ``5702(c) of
    title 5 of the United States Code'' in lieu of ``3 of the Travel
    Expense Act of 1949, as amended (5 U.S.C. 836),''.
    ---------------------------------------------------------------------------
              (3) maintenance, repair, alteration, and furnishing
            of United States-owned facilities in the District of
            Columbia or elsewhere for the training of foreign
            military and related civilian personnel \1050\ without
            regard to the provisions of section 3733 of the Revised
            Statutes (41 U.S.C. 12) or other provision of law
            requiring a specific authorization or specific
            appropriation for such public contracts.
        (h) \1052\ In carrying out programs under this Act, the
    President shall take all appropriate steps to assure that, to
    the maximum extent possible, (1) countries receiving assistance
    under this Act contribute local currencies to meet the cost of
    contractual and other services rendered in conjunction with
    such programs, and (2) foreign currencies owned by the United
    States are utilized to meet the costs of such contractual and
    other services.
    ---------------------------------------------------------------------------
        \1052\ Subsec. (h) was added by sec. 302(f) of the FA Act of 1963.
    ---------------------------------------------------------------------------
        (i) \1053\ Notwithstanding section 640 or any other
    provision of this Act, none of the funds made available to
    carry out this Act shall be used to finance the purchase, sale,
    long-term lease, exchange, or guaranty of a sale of motor
    vehicles unless such motor vehicles are manufactured in the
    United States. Provided, That where special circumstances exist
    the President is authorized to waive the provisions of this
    section in order to carry out the purposes of this Act.
    ---------------------------------------------------------------------------
        \1053\ Subsec. (i) was added by sec. 302(o) of the FA Act of 1967.
    ---------------------------------------------------------------------------
        Sec. 637.\1054\ Administrative Expenses.--(a) \1055\ * * *
    [Repealed--1978]
    ---------------------------------------------------------------------------
        \1054\ 22 U.S.C. 2397.
        \1055\ Subsec. (a) was repealed by sec. 604 of the International
    Development and Food Assistance Act of 1978 (Public Law 95-424; 92
    Stat. 961).
    ---------------------------------------------------------------------------
        (b) There is hereby authorized to be appropriated \1056\
    such amounts as may be necessary from time to time for
    administrative expenses which are incurred for functions of the
    Department of State under this Act and unrepealed provisions of
    the Mutual Security Act of 1954, as amended, or for normal
    functions of the Department of State which relate to such
    functions.\1057\
    ---------------------------------------------------------------------------
        \1056\ The words ``to the Secretary of State'', which appeared at
    this point, were deleted by sec. 302(h)(2) of the FA Act of 1962.
        \1057\ The FA Appropriation Act, 1975, appropriated $4,800,000, as
    authorized by this section.
    ---------------------------------------------------------------------------
        Sec. 638.\1058\ Exclusions.\1059\--(a) No provision of this
    Act shall be construed to prohibit assistance to any country
    pursuant to the Peace Corps Act, as amended; the Mutual
    Educational and Cultural Exchange Act of 1961, as amended; or
    the Export-Import Bank Act of 1945, as amended.\1060\
    ---------------------------------------------------------------------------
        \1058\ 22 U.S.C. 2398. Sec. 638 was added by sec. 302(h) of the FA
    Act of 1963.
        \1059\ The word ``Exclusions'' was inserted in lieu of ``Peace
    Corps Assistance'' by sec. 19 of the FA Act of 1973.
        \1060\ 12 U.S.C. 635. The words ``: or famine or disaster relief,
    including such relief through voluntary agencies, under title II of the
    Agricultural Trade Development and Assistance Act of 1954, as
    amended'', which appeared at this point, were struck out by sec. 202(j)
    of the FA Act of 1965.
    ---------------------------------------------------------------------------
        (b) \1061\ No provision of this Act or any other provision
    of law shall be construed to prohibit assistance for any
    training activity which is funded under this Act for Brazil or
    Argentina as long as such country continues to have a
    democratically elected government and the assistance is
    otherwise consistent with sections 116, 502B, 620(f), 620A, and
    660 of this Act.
    ---------------------------------------------------------------------------
        \1061\ Subsec. (b) was added by sec. 588 of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1988
    (Continuing Appropriations for 1988; Public Law 100-202; 101 Stat.
    1329). Sec. 588 also provided that subsec. (b) not apply with respect
    to funds appropriated prior to the enactment of Public Law 100-202.
    ---------------------------------------------------------------------------
        Sec. 639.\1062\ Famine or Disaster Relief. * * *
    [Repealed--1975]
    ---------------------------------------------------------------------------
        \1062\ Sec. 639 was repealed by sec. 101(6) of Public Law 94-161
    (89 Stat. 849).
    ---------------------------------------------------------------------------
        Sec. 639A.\1063\ Disaster Relief Assistance. * * *
    [Redesignated--1975]
    ---------------------------------------------------------------------------
        \1063\ Sec. 639A, as added by the FA Act of 1973, was redesignated
    as sec. 494A of this Act by sec. 101(5) of Public Law 94-161 (89 Stat.
    849). It was subsequently repealed in 1978.
    ---------------------------------------------------------------------------
        Sec. 639B.\1064\ African Development Program. * * *
    [Redesignated--1975]
    ---------------------------------------------------------------------------
        \1064\ Sec. 639B, as added by sec. 20 of the FA Act of 1973, was
    redesignated as sec. 494B by sec. 101(5) of Public Law 94-161 (89 Stat.
    849). It has subsequently been redesignated as sec. 120 of this Act.
    ---------------------------------------------------------------------------
        Sec. 640.\1065\ Military Sales. * * * [Repealed--1968]
    ---------------------------------------------------------------------------
        \1065\ Sec. 640 was repealed by sec. 45(a) of the Foreign Military
    Sales Act (Public Law 90-629).
    ---------------------------------------------------------------------------
        Sec. 640A.\1066\ False Claims and Ineligible Commodities.--
    (a) Any person who makes or causes to be made or presents or
    causes to be presented to any bank or other financial
    institution or to any officer, agent, or employee of any agency
    of the United States Government a claim for payment from funds
    made available under this Act for the purposes of furnishing
    assistance and who knows the claim to be false, fraudulent, or
    fictitious or to cover a commodity or commodity-related service
    determined by the President to be ineligible for payment from
    funds made available under this Act, or who uses to support his
    claim any certification, statement, or entry on any contract,
    bill of lading, Government or commercial invoice, or Government
    form, which he knows, or in the exercise of prudent business
    management should know, to contain false, fraudulent, or
    fictitious information, or who uses or engages in any other
    fraudulent trick, scheme, or device for the purpose of securing
    or obtaining, or aiding to secure or obtain, for any person any
    benefit or payment from funds so made available under this Act
    in connection with the negotiation, procurement, award, or
    performance of a contract financed with funds so made available
    under this Act, and any person who enters into an agreement,
    combination or conspiracy to do so, (1) shall pay to the United
    States an amount equal to 25 per centum of any amount thereby
    sought to be wrongfully secured or obtained but not actually
    received, and (2) shall forfeit and refund any payment,
    compensation, loan, commission, or advance received as a result
    thereof, and (3) shall, in addition, pay to the United States
    for each such act (A) the sum of $2,000 and double the amount
    of any damage which the United States may have sustained by
    reason thereof, or (B) an amount equal to 50 per centum of any
    such payment, compensation, loan, commission, or advance so
    received, whichever is the greater, together with the costs of
    suit.
    ---------------------------------------------------------------------------
        \1066\ 22 U.S.C. 2399. Sec. 640A was added by sec. 302(f) of the FA
    Act of 1968.
    ---------------------------------------------------------------------------
        (b) In order to secure recovery under this section, the
    President may, as he deems appropriate, (1) institute suit in
    the United States district court for any judicial district in
    which the person alleged to have performed or participated in
    an act described by this section may reside or may be found,
    and (2) upon posting by registered mail to such person a notice
    of claim describing the basis therefor and identifying the
    funds to be withheld, withhold from funds owed by any agency of
    the United States Government to such person an amount equal to
    the refund, damages, liquidated damages, and exemplary damages
    claimed by the United States under this section. Any such
    withholding of funds from any person shall constitute a final
    determination of the rights and liabilities of such person
    under this section with respect to the amount so withheld,
    unless within one year of receiving the notice of claim such
    person brings suit for recovery, which is hereby authorized,
    against the United States in any United States district court.
        (c) For purposes of this section, the term ``person''
    includes any individual, corporation, partnership, association,
    or other legal entity.
        Sec. 640B.\1067\ Coordination.--(a) The President shall
    establish a system for coordination of United States policies
    and programs which affect United States interests in the
    development of low-income countries. To that end, the President
    shall establish a Development Coordination Committee which
    shall advise him with respect to coordination of United States
    policies and programs affecting the development of the
    developing countries, including programs of bilateral and
    multilateral development assistance. The Committee shall
    include the head of the agency primarily responsible for
    administering part I, Chairman, and representatives of the
    Departments of State, Treasury, Commerce, Agriculture, Energy,
    and Labor, the Executive Office of the President and other
    executive departments and agencies, as the President shall
    designate.\1068\ The Committee shall advise the President
    concerning the degree to which bilateral and multilateral
    development assistance should focus on critical problems in
    those functional sectors which affect the lives of the majority
    of people in the developing countries: food production; rural
    development and nutrition; population planning and health; and
    education, public administration, and human resource
    development.\1069\
    ---------------------------------------------------------------------------
        \1067\ 22 U.S.C. 2399. Sec. 640B was added by sec. 21 of the FA Act
    of 1973.
        \1068\ Representatives from the Department of Energy were added to
    this list of Committee members by sec. 118 of the International
    Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 365).
    The function of the head of the agency primarily responsible for
    administering part I, as mentioned in this sentence, was transferred to
    the Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2
    of 1979 (establishing IDCA). The Reorganization Plan No. 2 of 1979
    ceased to be effective with enactment of the Foreign Affairs Reform and
    Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of
    Public Law 105-277; 112 Stat. 2681).
        \1069\ This sentence was added by sec. 127(a) of the International
    Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat.
    542).
    ---------------------------------------------------------------------------
        (b) The President shall prescribe appropriate procedures to
    assure coordination among--
              (1) the various departments and agencies of the
            United States Government having representatives in
            diplomatic missions abroad; and
              (2) representatives of the United States Government
            in each country, under the direction of the Chief of
            the United States Diplomatic Mission.
    The President shall keep the Congress advised of his actions
    under this subsection.
        (c) Programs authorized by this Act shall be undertaken
    with the foreign policy guidance of the Secretary of State.
        (d) \1070\ * * * [Repealed--1978]
    ---------------------------------------------------------------------------
        \1070\ Subsec. (d), which had required an annual report from the
    President regarding U.S. actions affecting the development of less
    developed countries, was repealed by sec. 502(d)(1) of the
    International Development and Food Assistance Act of 1978 (Public Law
    95-424; 92 Stat. 959). A similar report is now required under sec. 634
    of this Act.
    ---------------------------------------------------------------------------
        (e) \1071\ The head of any of the departments or agencies
    referred to in subsection (a) may temporarily assign, upon the
    request of the Chairman, any employee from such department or
    agency to the staff of the Committee.
    ---------------------------------------------------------------------------
        \1071\ Subsecs. (e) and (f), were added by sec. 127(c) of the
    International Development and Food Assistance Act of 1977 (Public Law
    95-88; 91 Stat. 543).
    ---------------------------------------------------------------------------
        (f) \1071\ To carry out the purposes of subsection (a), the
    Committee shall--
              (1) prepare studies on various development problems;
              (2) devise implementation strategies on developmental
            problems appropriate to each such department or agency;
              (3) monitor and evaluate the results of the
            development activities of each such department or
            agency; and
              (4) arrange for the exchange of information and
            studies between such agencies and departments.
        (g) \1072\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \1072\ Subsec. (g), as added by sec. 127(c) of Public Law 95-88 (91
    Stat. 543) and amended by sec. 502(d)(2) of Public Law 95-424 (92 Stat.
    959), was repealed by sec. 734(a)(1) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    Formerly, subsec. (g) required an annual report to Congress on the
    Committee's operations. Such information is now required under sec.
    634(a)(9) of this Act.
    ---------------------------------------------------------------------------
        Sec. 640C.\1073\ Shipping Differential.--For the purposes
    of facilitating implementation of section 901(b) of the
    Merchant Marine Act, 1936 (46 U.S.C. 1241(b)), funds made
    available for the purposes of chapter 1 of part I or for
    purposes of chapter 4 of part II \1074\ may be used to make
    grants to recipients to pay all or any portion of such
    differential as is determined by the Secretary of Commerce to
    exist between United States and foreign-flag vessel charter or
    freight rates. Grants made under this section shall be paid
    with United States-owned foreign currencies wherever feasible.
    ---------------------------------------------------------------------------
        \1073\ 22 U.S.C. 2399d. Sec. 640C was added by sec. 21 of the FA
    Act of 1973.
        \1074\ The reference to chapter 4 of part II was inserted in lieu
    of a reference to part V by sec. 708 of the International Security and
    Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3159).
    ---------------------------------------------------------------------------

                      Chapter 3--Miscellaneous Provisions

        Sec. 641.\1075\ Effective Date and Identification of
    Programs.--This Act shall take effect on the date of its
    enactment. Programs under this Act shall be identified
    appropriately overseas as ``American Aid''.
    ---------------------------------------------------------------------------
        \1075\ 22 U.S.C. 2401.
    ---------------------------------------------------------------------------
        Sec. 642. Statutes Repealed.--(a) There are hereby
    repealed--
              (1) Reorganization Plan Numbered 7 of 1953;
              (2) the Mutual Security Act of 1954, as amended
            (except sections \1076\ 402, 408, 417, 502(a), 502(b),
            514, 523(d) and 536; \1077\, \1078\
    ---------------------------------------------------------------------------
        \1076\ Sec. 303(a) of the FA Act of 1965 struck out sec. 143 of the
    Mutual Security Act of 1954 as amended, which was retained by the FA
    Act of 1961.
        \1077\ For retained provisions of the Mutual Security Act of 1954,
    see Legislation on Foreign Relations Through 2000, vol. I-B. Subsecs.
    (a), (c), and (d) of sec. 405 of the Mutual Security Act of 1954, as
    amended, and subsec. (c) of sec. 451, which were retained by the
    Foreign Assistance Act of 1961, were repealed by sec. 6 of the
    Migration and Refugee Assistance Act of 1962 (Public Law 87-510). Sec.
    414 of the Mutual Security Act of 1954, as amended, was repealed by
    sec. 212(b) of the International Security Assistance and Arms Export
    Control Act of 1976 (Public Law 94-329).
         \1078\ The words ``: Provided, That until the enactment of
    legislation authorizing and appropriating funds for activities
    heretofore carried on pursuant to sections 405(a), 405(c), 405(d), and
    451(c) of the Mutual Security Act of 1954, as amended, such activities
    may be continued with funds made available under section 451(a) of this
    Act'', which appeared at this point, were struck out by sec. 303(a) of
    the FA Act of 1965.
    ---------------------------------------------------------------------------
              (3) section 12 of the Mutual Security Act of 1955;
              (4) sections 12, 13, and 14 of the Mutual Security
            Act of 1956;
              (5) section 503 of the Mutual Security Act of 1958;
              (6) section 108 of the Mutual Security Appropriation
            Act, 1959;
              (7) section 501(a), chapter VI, and sections 702 and
            703 of the Mutual Security Act of 1959, as amended; and
              (8) section 604 and chapter VIII of the Mutual
            Security Act of 1960.
        (b) References in law to the Acts, or provisions of such
    Acts, repealed by subsection (a) of this section shall
    hereafter be deemed to be references to this Act or appropriate
    provisions of this Act.
        (c) The repeal of the Acts listed in subsection (a) of this
    section shall not be deemed to affect amendments contained in
    such Acts to Acts not named in that subsection.
        Sec. 643.\1079\ Saving Provisions.--(a) Except as may be
    expressly provided to the contrary in this Act, all
    determinations, authorizations, regulations, orders, contracts,
    agreements, and other actions issued, undertaken, or entered
    into under authority of any provision of law repealed by
    section 642(a) and the Foreign Assistance Act of 1969 \1080\
    shall continue in full force and effect until modified by
    appropriate authority.
    ---------------------------------------------------------------------------
        \1079\ 22 U.S.C. 2402.
        \1080\ The words ``and the Foreign Assistance Act of 1969'' were
    added by sec. 308 of the FA Act of 1969.
    ---------------------------------------------------------------------------
        (b) Wherever provisions of this Act establish conditions
    which must be complied with before use may be made of authority
    contained in, or funds authorized by, this Act, compliance
    with, or satisfaction of, substantially similar conditions
    under Acts listed in section 642(a) and the Foreign Assistance
    Act of 1969 or Acts repealed by those Acts shall be deemed to
    constitute compliance with the conditions established by this
    Act.
        (c) Funds made available pursuant to provisions of law
    repealed by section 642(a)(2) and the Foreign Assistance Act of
    1969 shall, unless otherwise authorized or provided by law,
    remain available for their original purposes in accordance with
    the provisions of law originally applicable thereto, or in
    accordance with the provisions of law currently applicable to
    those purposes.
        (d) \1081\ * * * [Repealed--1962]
    ---------------------------------------------------------------------------
        \1081\ Subsec. (d) was repealed by sec. 303(a) of the FA Act of
    1962.
    ---------------------------------------------------------------------------
        Sec. 644.\1082\ Definitions.--As used in this Act--
    ---------------------------------------------------------------------------
        \1082\ 22 U.S.C. 2403.
    ---------------------------------------------------------------------------
        (a) ``Agency of the United States Government'' includes any
    agency, department, board, wholly or partly owned corporation,
    instrumentality, commission, or establishment of the United
    States Government.
        (b) ``Armed Forces'' of the United States means the Army,
    Navy, Air Force, Marine Corps, and Coast Guard.
        (c) ``Commodity'' includes any material, article, supply,
    goods, or equipment used for the purposes of furnishing
    nonmilitary assistance.
        (d) ``Defense article'' includes--
              (1) any weapon, weapons system, munition, aircraft,
            vessel, boat, or other implement of war;
              (2) any property, installation, commodity, material,
            equipment, supply, or goods used for the purposes of
            furnishing military assistance;
              (3) any machinery, facility, tool, material, supply,
            or other item necessary for the manufacture,
            production, processing, repair, servicing storage,
            construction, transportation, operation, or use of any
            article listed in this subsection; or
              (4) any component or part of any article listed in
            this subsection; but
    shall not include merchant vessels or, as defined by the Atomic
    Energy Act of 1954, as amended (42 U.S.C. 2011), source
    material (except uranium depleted in the isotope 235 which is
    incorporated in defense articles solely to take advantage of
    high density or pyrophoric characteristics unrelated to
    radioactivity),\1083\ byproduct material, special nuclear
    material, production facilities,\1084\ utilization facilities,
    or atomic weapons or articles involving Restricted Data.\1084\
    ---------------------------------------------------------------------------
        \1083\ The parenthetical phrase was added by sec. 22 of the
    International Security Assistance Act of 1979 (Public Law 96-92; 93
    Stat. 710).
        \1084\ Sec. 303(a)(1) of the FA Act of 1967 added the words
    ``production facilities, utilization facilities,'' and ``or articles
    involving Restricted Data.''.
    ---------------------------------------------------------------------------
        (e) ``Defense information'' includes any document, writing,
    sketch, photograph, plan, model, specification, design,
    prototype, or other recorded or oral information relating to
    any defense article or defense service, but shall not include
    Restricted Data as defined by the Atomic Energy Act of 1954, as
    amended, and data removed from the Restricted Data category
    under section 142d of that Act.\1085\
    ---------------------------------------------------------------------------
        \1085\ Sec. 303(a)(2) of the FA Act of 1967 struck out the words
    ``and formerly Restricted Data'' which appeared after the words
    ``Restricted Data,'' and added the words to this point beginning with
    ``, and data removed''.
    ---------------------------------------------------------------------------
        (f) \1086\ ``Defense service'' includes any service, test,
    inspection, repair, publication, or technical or other
    assistance or defense information used for the purposes of
    furnishing military assistance, but does not include military
    educational and training activities under chapter 5 of part II.
    ---------------------------------------------------------------------------
        \1086\ Subsec. (f) was amended by sec. 106(b) of the International
    Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
    329; 90 Stat. 733). It formerly read as follows:
        ```Defense service' includes any service, test, inspection, repair,
    training, publication, or technical or other assistance, or defense
    information used for the purposes of furnishing military assistance.
    `Training' includes formal or informal instruction of foreign students
    in the United States or overseas by officers or employees of the United
    States, contract technicians, contractors (including instruction at
    civilian institutions), or by correspondence courses, technical,
    educational, or information publications and media of all kinds,
    training aid, orientation, training exercise, and military advice to
    foreign military units and forces.''.
    ---------------------------------------------------------------------------
        (g) \1087\ ``Excess defense articles'' means the quantity
    of defense articles (other than construction equipment,
    including tractors, scrapers, loaders, graders, bulldozers,
    dump trucks, generators, and compressors) \1088\ owned by the
    United States Government, and not procured in anticipation of
    military assistance or sales requirements, or pursuant to a
    military assistance or sales order, which is in excess of the
    Approved Force Acquisition Objective and Approved Force
    Retention Stock of all Department of Defense Components at the
    time such articles are dropped from inventory by the supplying
    agency for delivery to countries or international organizations
    under this Act.
    ---------------------------------------------------------------------------
        \1087\ Sec. 22(1) of the FA Act of 1973 amended subsec. (g), which
    formerly read as follows:
        ``(g) `Excess defense articles' means the quantity of defense
    articles owned by the United States Government, and not procured in
    anticipation of military assistance or sales requirements, or pursuant
    to a military assistance or sales order, which is in excess of the
    mobilization reserve at the time such articles are dropped from
    inventory by the supplying agency for delivery to countries or
    international organizations under this Act.''.
        \1088\ Sec. 9(b) of the International Narcotics Control Act of 1992
    (Public Law 102-583; 106 Stat. 4934) inserted ``(other than
    construction equipment, including tractors, scrapers, loaders, graders,
    bulldozers, dump trucks, generators, and compressors)'' after
    ``articles''.
    ---------------------------------------------------------------------------
        (h) ``Function'' includes any duty, obligation, power,
    authority, responsibility, right, privilege, discretion, or
    activity.
        (i) \1089\ * * * [Repealed--1973]
    ---------------------------------------------------------------------------
        \1089\ Subsec. (i), which related to mobilization reserve, was
    repealed by sec. 22(2) of the FA Act of 1973.
    ---------------------------------------------------------------------------
        (j) ``Officer or employee'' means civilian personnel and
    members of the Armed Forces of the United States Government.
        (k) ``Services'' include any service, repair, training of
    personnel, or technical or other assistance or information used
    for the purposes of furnishing nonmilitary assistance.
        (l) ``Surplus agricultural commodity'' means any
    agricultural commodity or product thereof, class, kind, type,
    or other specification thereof, produced in the United States
    either publicly or privately owned, which is in excess of
    domestic requirements, adequate carryover, and anticipated
    exports for United States dollars, as determined by the
    Secretary of Agriculture.
        (m) \1090\ ``Value'' means--
    ---------------------------------------------------------------------------
        \1090\ Sec. 22(3) of the FA Act of 1973 amended subsec. (m), which
    formerly read as follows:
        ``(m) `Value' means, other than in section 657 of this Act--
        ``(1) with respect to excess defense articles, the gross cost
    incurred by the United States Government in repairing, rehabilitating,
    or modifying such articles;
        ``(2) with respect to nonexcess defense articles delivered from
    inventory to countries or international organizations under this Act,
    the standard price in effect at the time such articles are dropped from
    inventory by the supplying agency. Such standard price shall be the
    same price (including authorized reduced prices) used for transfers or
    sales of such articles in or between the Armed Forces of the United
    States Government, or, where such articles are not transferred or sold
    in or between the Armed Forces of the United States, the gross cost to
    the United States Government adjusted as appropriate for condition and
    market value; and
        ``(3) with respect to nonexcess defense articles delivered from new
    procurement to countries or international organizations under this Act,
    the contract or production costs of such articles.
        ``Military assistance programs and orders shall be based upon the
    best estimates of stock status and prevailing prices: reimbursements to
    the supplying agency shall be made on the basis of the stock status and
    prices determined pursuant to this section. Notwithstanding the
    foregoing provisions of this section, the Secretary of Defense may
    prescribe regulations authorizing reimbursements to the supplying
    agency based on negotiated prices for aircraft, vessels, plant
    equipment and such other major items as he may specify: Provided, That
    such articles are not excess at the time such prices are negotiated:
    Provided further, That such prices are negotiated at the time firm
    orders are placed with the supplying agency.''.
    ---------------------------------------------------------------------------
              (1) with respect to an excess defense article, the
            actual value of the article plus the gross cost
            incurred by the United States Government in repairing,
            rehabilitating, or modifying the article, except that
            for purposes of section 632(d) such actual value shall
            not be taken into account;
              (2) with respect to a nonexcess defense article
            delivered from inventory to foreign countries or
            international organizations under this Act, the
            acquisition cost to the United States Government,
            adjusted as appropriate for condition and market value;
              (3) with respect to a nonexcess defense article
            delivered from new procurement to foreign countries or
            international organizations under this Act, the
            contract or production costs of such article;
              (4) with respect to a defense service, the cost to
            the United States Government of such service; and
              (5) \1091\ with respect to military education and
            training or services provided under chapter 8 of part
            II of this Act, the additional costs that are incurred
            by the United States Government in furnishing such
            assistance.
    ---------------------------------------------------------------------------
        \1091\ Par. (5) was added by sec. 115(b)(1) of the International
    Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
    Stat. 3140). The reference to chapter 8 of part II was added by the
    International Security and Development Assistance Authorizations Act of
    1983 (sec. 101(b)(2) of the Further Continuing Appropriations, 1984;
    Public Law 98-151; 97 Stat. 972). Pursuant to Public Law 98-151, this
    amendment was enacted as contained in title II of H.R. 2992, as
    reported by the House Committee on Foreign Affairs on May 17, 1983.
    ---------------------------------------------------------------------------
        (n) \1092\ ``Military education and training'' includes
    formal or informal instruction of foreign students in the
    United States or overseas by officers or employees of the
    United States, contract technicians, contractors (including
    instruction at civilian institutions), or by correspondence
    courses, technical, educational, or information publications
    and media of all kinds, training aids, orientation, and
    military advice to foreign military units and forces.
    ---------------------------------------------------------------------------
        \1092\ Subsec. (n) was added by sec. 106(b) of the International
    Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
    329; 90 Stat. 733).
    ---------------------------------------------------------------------------
        (o) \1093\ ``Agriculture'' includes aquaculture and
    fisheries.
    ---------------------------------------------------------------------------
        \1093\ Subsecs. (o) and (p) were added by sec. 103(b) of the
    International Development and Food Assistance Act of 1978 (Public Law
    95-424; 92 Stat. 945).
    ---------------------------------------------------------------------------
        (p) \1093\ ``Farmers'' includes fishermen and other persons
    employed in cultivating and harvesting food resources from salt
    and fresh waters.
        (q) \1094\ ``Major non-NATO ally'' means a country which is
    designated in accordance with section 517 as a major non-NATO
    ally for purposes of this Act and the Arms Export Control Act
    (22 U.S.C. 2751 et seq.).
    ---------------------------------------------------------------------------
        \1094\ Sec. 147(a)(2) of Public Law 104-164 (110 Stat. 1435) added
    subsec. (q).
    ---------------------------------------------------------------------------
        Sec. 645.\1095\ Unexpended Balances.--Unexpended balances
    of funds made available pursuant to this Act, the Mutual
    Security Act of 1954, as amended, or the Latin American
    Development Act, as amended \1096\ are hereby authorized to be
    continued available for the general purposes for which
    appropriated, and may at any time be consolidated, and, in
    addition, may be consolidated with appropriations made
    available for the same general purposes under the authority of
    this Act.
    ---------------------------------------------------------------------------
        \1095\ 22 U.S.C. 2404. Sec. 304 of the FA Act of 1963 amended sec.
    645, which formerly read as follows: ``Unexpended balances of funds
    made available pursuant to this Act or the Mutual Security Act of 1954,
    as amended, are hereby authorized to be continued available for the
    general purposes for which appropriated, and may at any time be
    consolidated, and, in addition, may be consolidated with appropriations
    made available for the same general purposes under the authority of
    this Act.''.
        \1096\ Sec. 303(c) of the FA Act of 1965 inserted ``the Latin
    American Development Act, as amended'' in lieu of ``Public Law 86-
    735''.
    ---------------------------------------------------------------------------
        Sec. 646.\1097\ Construction.--If any provision of this
    Act, or the application of any provision to any circumstances
    or persons shall be held invalid, the validity of the remainder
    of this Act, and of the applicability of such provision to
    other circumstances or persons shall not be affected thereby.
    ---------------------------------------------------------------------------
        \1097\ 22 U.S.C. 2405.
    ---------------------------------------------------------------------------
        Sec. 647.\1098\ Dependable Fuel Supply.--It is of paramount
    importance that long-range economic plans take cognizance of
    the need for a dependable supply of fuels, which is necessary
    to orderly and stable development and growth, and that
    dependence not be placed upon sources which are inherently
    hostile to free countries and the ultimate well-being of
    economically underdeveloped countries and which might exploit
    such dependence for ultimate political domination. The agencies
    of government in the United States are directed to work with
    other countries in developing plans for basing development
    programs on the use of the large and stable supply of
    relatively low cost fuels available in the free world.
    ---------------------------------------------------------------------------
        \1098\ 22 U.S.C. 2406.
    ---------------------------------------------------------------------------
        Sec. 648.\1099\ Special Authorization for Use of Foreign
    Currencies.--Subject to the provisions of section 1415 of the
    Supplemental Appropriation Act, 1953,\1100\ the President is
    authorized, as a demonstration of good will on the part of the
    people of the United States for the Polish and Italian people,
    to use foreign currencies accruing to the United States
    Government under this or any other Act, for assistance on such
    terms and conditions as he may specify, in the repair,
    rehabilitation, improvement, and maintenance of cemeteries in
    Italy serving as the burial place of members of the armed
    forces of Poland who died in combat in Italy during World War
    II.
    ---------------------------------------------------------------------------
        \1099\ 22 U.S.C. 2407. Sec. 648 was added by sec. 303, of the FA
    Act of 1964.
        \1100\ See 31 U.S.C. 1306.
    ---------------------------------------------------------------------------
        Sec. 649.\1101\ Limitation on Aggregate Authorization for
    Use in Fiscal Year 1966. * * * [Repealed--1978]
    ---------------------------------------------------------------------------
        \1101\ Sec. 649, which had been added by the FA Act of 1965, was
    repealed by sec. 604 of the International Development and Food
    Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
    ---------------------------------------------------------------------------
        Sec. 650.\1102\ Use of United States Armed Forces.--The
    furnishing of economic, military, or other assistance under
    this Act shall not be construed as creating a new commitment or
    as affecting any existing commitment to use Armed Forces of the
    United States for the defense of any foreign country.
    ---------------------------------------------------------------------------
        \1102\ 22 U.S.C. 2409. Sec. 650 was added by sec. 302(b) of the FA
    Act of 1967.
    ---------------------------------------------------------------------------
        Sec. 651.\1103\ Sale of Supersonic Planes to Israel. * * *
    [Repealed--1978]
    ---------------------------------------------------------------------------
        \1103\ Sec. 651, as added by the FA Act of 1968, was repealed by
    sec. 604 of the International Development and Food Assistance Act of
    1978 (Public Law 95-424; 92 Stat. 961).
    ---------------------------------------------------------------------------
        Sec. 652.\1104\ Limitation Upon Exercise of Special
    Authorities.--The President shall not exercise any special
    authority granted to him under section 506(a), 552(c)(2),\1105\
    or 610(a) \1106\ of this Act unless the President, before
    \1107\ he intends to exercise any such authority, notifies the
    Speaker of the House of Representatives and the Committee on
    Foreign Relations of the Senate in writing of each such
    intended exercise, the section of this Act under which such
    authority is to be exercised, and the justification for, and
    the extent of, the exercise of such authority.
    ---------------------------------------------------------------------------
        \1104\ 22 U.S.C. 2411. Sec. 304(a)(1) of the FA Act of 1971 amended
    sec. 652, which had been added by sec. 8 of the Special Foreign
    Assistance Act of 1971. Sec. 652 formerly read as follows:
        ``Sec. 652. Limitation Upon Additional Assistance to Cambodia.--The
    President shall not exercise any special authority granted to him under
    sections 506(a) and 614(a) of this Act for the purpose of providing
    additional assistance to Cambodia, unless the President, at least
    thirty days prior to the date he intends to exercise any such authority
    on behalf of Cambodia (or ten days prior to such date if the President
    certifies in writing that an emergency exists requiring immediate
    assistance to Cambodia), notifies the Speaker of the House of
    Representatives and the Committee on Foreign Relations of the Senate in
    writing of each such intended exercise, the section of this Act under
    which such authority is to be exercised, and the justification for, and
    the extent of, the exercise of such authority.''.
        \1105\ The reference to sec. 552(c)(2) was added by sec. 105(b)(2)
    of Public Law 99-83; 99 Stat. 196.
        \1106\ A reference to sec. 614(a), which previously appeared at
    this point, was struck out by sec. 117(b) of the International Security
    and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat.
    3141).
        \1107\ Sec. 103(c) of Public Law 104-164 (110 Stat. 1424) struck
    out ``prior to the date'' and inserted in lieu thereof ``before''.
    ---------------------------------------------------------------------------
        Sec. 653.\1108\ Change in Allocation of Foreign
    Assistance.--(a) \1109\ Not later than thirty days after the
    enactment of any law appropriating funds to carry out any
    provision of this Act (other than section 451 or 637) or the
    Arms Export Control Act,\1110\ the President shall notify the
    Congress of each foreign country and international organization
    to which the United States Government intends to provide any
    portion of the funds under such law and of the amount of funds
    under that law, by category of assistance, that the United
    States Government intends to provide to each.\1111\
    ---------------------------------------------------------------------------
        \1108\ 22 U.S.C. 2413. Sec. 653 was added by sec. 304(b) of the FA
    Act of 1971.
        \1109\ The Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October
    24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429;
    114 Stat. 1900A-24), provided the following:
    ---------------------------------------------------------------------------

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

                 ``DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
    ---------------------------------------------------------------------------
        ``Sec. 521. For the purpose of this Act, `program, project, and
    activity' shall be defined at the appropriations Act account level and
    shall include all appropriations and authorizations Acts earmarks,
    ceilings, and limitations with the exception that for the following
    accounts: Economic Support Fund and Foreign Military Financing Program,
    `program, project, and activity' shall also be considered to include
    country, regional, and central program level funding within each such
    account; for the development assistance accounts of the Agency for
    International Development `program, project, and activity' shall also
    be considered to include central program level funding, either as: (1)
    justified to the Congress; or (2) allocated by the executive branch in
    accordance with a report, to be provided to the Committees on
    Appropriations within 30 days of the enactment of this Act, as required
    by section 653(a) of the Foreign Assistance Act of 1961.''.
        \1110\ This reference to the Arms Export Control Act was added by
    sec. 1209(b)(1) of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279).
        \1111\ Sec. 21(1) of the FA Act of 1974 struck the balance of
    subsection (a) at this point. The stricken part read as follows:
    ``Notwithstanding any other provision of law the United States
    Government shall not provide to any foreign country or international
    organization any funds under that law which exceeds by 10 per centum
    the amount of military grant assistance or security supporting
    assistance, as the case may be, which the President notified the
    Congress that the United States Government intended to provide that
    country or organization under that law, unless the President (1)
    determines that it is in the security interests of the United States
    that such country or organization receive funds in excess of the amount
    included in such notification for that country or organization, and (2)
    reports to Congress at least ten days prior to the date on which such
    excess funds are to be provided to that country or organization, each
    such determination, including the name of the country or organization
    to receive funds in excess of such per centum, the amount of funds in
    excess of that per centum which are to be provided, and the
    justification for providing the additional assistance.''.
    ---------------------------------------------------------------------------
        (b) \1112\ The provisions of this section shall not apply
    in the case of any law making continuing appropriations and may
    not be waived under the provisions of section 614(a) of this
    Act.
    ---------------------------------------------------------------------------
        \1112\ Sec. 1209(b)(3) of the International Security and
    Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279)
    redesignated this former subsec. (c) as subsec. (b), and struck out the
    former subsec. (b), which read as follows:
        ``(b) Notwithstanding any other provision of law, no military grant
    assistance, assistance under chapter 4 of part II of this Act,
    assistance under chapter 1 of part I of this Act, or assistance under
    chapter 6 of part II of this Act, may be furnished to any country or
    international organization in any fiscal year, if such assistance
    exceeds by 10 percent or more the amount of such military grant
    assistance, under chapter 4 of part II of this Act, assistance under
    chapter 1 of part I of this Act, or assistance under chapter 6 of part
    II of this Act, as the case may be, set forth in the report required by
    subsection (a) of this section, unless--
    ---------------------------------------------------------------------------

              ``(1) the President reports to the Congress, at least ten
            days prior to the date on which such excess funds are provided,
            the country or organization to be provided the excess funds,
            the amount and category of the excess funds, and the
            justification for providing the excess funds; and
              ``(2) in the case of military grant assistance or assistance
            under chapter 4 of part II of this Act or assistance under
            chapter 6 of part II, the President includes in the report
            under paragraph (1) his determination that it is in the
            security interest of the United States to provide the excess
            funds.
    This subsection shall not apply if the excess funds provided in any
    fiscal year to any country or international organization for any
    category of assistance are less than $1,000,000.''.
        Sec. 654.\1113\ Presidential Findings and Determinations.--
    (a) In any case in which the President is required to make a
    report to the Congress, or to any committee or officer of
    either House of Congress, concerning any finding or
    determination under any provision of this Act, the Foreign
    Military Sales Act, or the Foreign Assistance and Related
    Programs Appropriation Act for each fiscal year, that finding
    or determination shall be reduced to writing and signed by the
    President.
    ---------------------------------------------------------------------------
        \1113\ 22 U.S.C. 2414. Sec. 654 was added by sec. 304(b) of the FA
    Act of 1971.
    ---------------------------------------------------------------------------
        (b) No action shall be taken pursuant to any such finding
    or determination prior to the date on which that finding or
    determination has been reduced to writing and signed by the
    President.
        (c) Each such finding or determination shall be published
    in the Federal Register as soon as practicable after it has
    been reduced to writing and signed by the President. In any
    case in which the President concludes that such publication
    would be harmful to the national security of the United States,
    only a statement that a determination or finding has been made
    by the President, including the name and section of the Act
    under which it was made, shall be published.
        (d) No committee or officer of either House of Congress
    shall be denied any requested information relating to any
    finding or determination which the President is required to
    report to the Congress, or to any committee or officer of
    either House of Congress, under any provision of this Act, the
    Foreign Military Sales Act, or the Foreign Assistance and
    Related Programs Appropriation Act for each fiscal year, even
    though such report has not yet been transmitted to the
    appropriate committee or officer of either House of Congress.

    SEC. 655.\1114\ ANNUAL MILITARY ASSISTANCE REPORT.

        (a) Report Required.--Not later than February 1 of each
    year, the President shall transmit to the Congress an annual
    report for the fiscal year ending the previous September 30.
    ---------------------------------------------------------------------------
        \1114\ 22 U.S.C. 2415. Sec. 1324(c) of the National Defense
    Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
    481) added a new sec. 655, requiring an annual report on military
    assistance, military exports, and military imports for each of 1996 and
    1997. Sec. 148 of Public Law 104-164 (110 Stat. 1435) amended and
    restated sec. 655, requiring a report annually for each fiscal year.
        An earlier sec. 655--Limitations Upon Assistance to or for
    Cambodia--was added by the FA Act of 1971, and was repealed by sec. 604
    of the International Development and Food Assistance Act of 1978
    (Public Law 95-424; 92 Stat. 961).
    ---------------------------------------------------------------------------
        (b) \1115\ Information Relating to Military Assistance and
    Military Exports.--Each such report shall show the aggregate
    dollar value and quantity of defense articles (including excess
    defense articles), defense services, and international military
    education and training activities authorized by the United
    States and of such articles, services, and activities provided
    by the United States, excluding any activity that is reportable
    under title V of the National Security Act of 1947, to each
    foreign country and international organization. The report
    shall specify, by category, whether such defense articles--
    ---------------------------------------------------------------------------
        \1115\ Sec. 1306(a) of the Arms Control, Nonproliferation, and
    Security Assistance Act of 1999 (division B of the Admiral James W.
    Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
    2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of
    Public Law 106-113; 113 Stat. 1536), amended and restated subsec. (b),
    which formerly read as follows:
        ``(b) Information Relating to Military Assistance and Military
    Exports.--Each such report shall show the aggregate dollar value and
    quantity of defense articles (including excess defense articles),
    defense services, and international military education and training
    authorized by the United States, excluding that which is pursuant to
    activities reportable under title V of the National Security Act of
    1947, to each foreign country and international organization. The
    report shall specify, by category, whether such defense articles--
    ---------------------------------------------------------------------------

              ``(1) were furnished by grant under chapter 2 or chapter 5 of
            part II of this Act or under any other authority of law or by
            sale under chapter 2 of the Arms Export Control Act; or
              ``(2) were licensed for export under section 38 of the Arms
            Export Control Act.''.
              (1) were furnished by grant under chapter 2 or
            chapter 5 of part II of this Act or under any other
            authority of law or by sale under chapter 2 of the Arms
            Export Control Act;
              (2) were furnished with the financial assistance of
            the United States Government, including through loans
            and guarantees; or
              (3) were licensed for export under section 38 of the
            Arms Export Control Act and, if so, a specification of
            those defense articles that were exported during the
            fiscal year covered by the report.\1116\
    ---------------------------------------------------------------------------
        \1116\ Sec. 702 of the Security Assistance Act of 2000 (Public Law
    106-280; 114 Stat. 861) added ``and, if so, a specification of those
    defense articles that were exported during the fiscal year covered by
    the report''.
    ---------------------------------------------------------------------------
        (c) Information Relating to Military Imports.--Each such
    report shall also include the total amount of military items
    manufactured outside the United States that were imported into
    the United States during the fiscal year covered by the report.
    For each country of origin the report shall show the type of
    item being imported and the total amount of the items.
        (d) \1117\ Availability on Internet.--All unclassified
    portions of such report shall be made available to the public
    on the Internet through the Department of State.
    ---------------------------------------------------------------------------
        \1117\ Sec. 1306(b) of the Arms Control, Nonproliferation, and
    Security Assistance Act of 1999 (division B of the Admiral James W.
    Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
    2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of
    Public Law 106-113; 113 Stat. 1536), added subsec. (d).
    ---------------------------------------------------------------------------

    SEC. 656.\1118\ ANNUAL FOREIGN MILITARY TRAINING REPORT.

        (a) Annual Report.--Not later than January 31 of each year,
    the Secretary of Defense and the Secretary of State shall
    jointly prepare and submit to the appropriate congressional
    committees a report on all military training provided to
    foreign military personnel by the Department of Defense and the
    Department of State during the previous fiscal year and all
    such training proposed for the current fiscal year.
    ---------------------------------------------------------------------------
        \1118\ 22 U.S.C. 2416. Sec. 1307 of the Arms Control,
    Nonproliferation, and Security Assistance Act of 1999 (division B of
    the Admiral James W. Nance and Meg Donovan Foreign Relations
    Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
    reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536),
    added sec. 656.
        An earlier sec. 656--Limitations on United States Personnel and
    Personnel Assisted by United States in Cambodia--was added by Public
    Law 92-226 (86 Stat. 20), and was repealed by sec. 604 of the
    International Development and Food Assistance Act of 1978 (Public Law
    95-424; 92 Stat. 961).
    ---------------------------------------------------------------------------
        (b) Contents.--The report described in subsection (a) shall
    include the following:
              (1) For each military training activity, the foreign
            policy justification and purpose for the activity, the
            number of foreign military personnel provided training
            and their units of operation, and the location of the
            training.
              (2) For each country, the aggregate number of
            students trained and the aggregate cost of the military
            training activities.
              (3) With respect to United States personnel, the
            operational benefits to United States forces derived
            from each military training activity and the United
            States military units involved in each activity.
        (c) Form.--The report described in subsection (a) shall be
    in unclassified form but may include a classified annex.
        (d) Availability on Internet.--All unclassified portions of
    the report described in subsection (a) shall be made available
    to the public on the Internet through the Department of State.
        (e) Definition.--In this section, the term ``appropriate
    congressional committees'' means--
              (1) the Committee on Appropriations and the Committee
            on International Relations of the House of
            Representatives; and
              (2) the Committee on Appropriations and the Committee
            on Foreign Relations of the Senate.
        Sec. 657.\1119\ Annual Report on Military Assistance and
    Military Exports. * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \1119\ Sec. 657, as added by the FA Act of 1971, was repealed by
    sec. 502(d)(1) of the International Development and Food Assistance Act
    of 1978 (Public Law 95-424; 92 Stat. 959). Subsequently, sec. 14 of the
    International Security Assistance Act of 1978 (Public Law 95-384; 92
    Stat. 739) added a new sec. 657. Sec. 657 was again repealed by sec.
    734(a)(1) of the International Security and Development Cooperation Act
    of 1981 (Public Law 97-113; 95 Stat. 1560). Some of the information
    previously required annually under sec. 657 on military assistance and
    military exports is now required by sec. 634(a)(10) of this Act and
    sec. 25(a) of the Arms Export Control Act.
    ---------------------------------------------------------------------------
        Sec. 658.\1120\ Limitations on Use of Funds. * * *
    [Repealed--1978]
    ---------------------------------------------------------------------------
        \1120\ Sec. 658, as added by the FA Act of 1971, was repealed by
    sec. 604 of the International Development and Food Assistance Act of
    1978 (Public Law 95-424; 92 Stat. 961).
    ---------------------------------------------------------------------------
        Sec. 659.\1121\ Access to Certain Military Bases Abroad. *
    * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \1121\ Sec. 659, as added by sec. 20(a) of the FA Act of 1974, was
    repealed by sec. 734(a)(1) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    It formerly read as follows:
        ``Sec. 659. Access to Certain Military Bases Abroad.--None of the
    funds authorized to be appropriated for foreign assistance (including
    foreign military sales, credit sales, and guaranties) under this Act
    may be used to provide any kind of assistance to any foreign country in
    which a military base is located if--
        ``(1) such base was constructed or is being maintained or operated
    with funds furnished by the United States;
        ``(2) personnel of the United States carry out military operations
    from such base; and
        ``(3) unless and until the President has determined that the
    government of such country has, consistent with security, authorized
    access, on a regular basis, to bona fide news media correspondents of
    the United States to such military base.''.
    ---------------------------------------------------------------------------
        Sec. 660.\1122\ Prohibiting Police Training.--(a) On and
    after July 1, 1975, none of the funds made available to carry
    out this Act, and none of the local currencies generated under
    this Act, shall be used to provide training or advice, or
    provide any financial support, for police, prisons, or other
    law enforcement forces for any foreign government or any
    program of internal intelligence or surveillance on behalf of
    any foreign government within the United States or abroad.
    ---------------------------------------------------------------------------
        \1122\ 22 U.S.C. 2420. Sec. 660 was added by sec. 30(a) of the FA
    Act of 1974.
        The Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000,
    enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat.
    1900A-37), provided the following:
    ---------------------------------------------------------------------------

                          ``ANTI-NARCOTICS ACTIVITIES
    ---------------------------------------------------------------------------
        ``Sec. 540. Of the funds appropriated or otherwise made available
    by this Act for `Economic Support Fund', assistance may be provided to
    strengthen the administration of justice in countries in Latin America
    and the Caribbean and in other regions consistent with the provisions
    of section 534(b) of the Foreign Assistance Act of 1961, except that
    programs to enhance protection of participants in judicial cases may be
    conducted notwithstanding section 660 of that Act. Funds made available
    pursuant to this section may be made available notwithstanding section
    534(c) and the second and third sentences of section 534(e) of the
    Foreign Assistance Act of 1961.''.
        Sec. 104 of the International Narcotics Control Corrections Act of
    1994 (Public Law 103-447; 108 Stat. 4691; 22 U.S.C. 2420 note) provided
    the following exemption:
        ``sec. 104. exemption of narcotics-related military assistance for
    fiscal year 1995 from prohibition on assistance for law enforcement
    agencies.
        ``(a) Exemption.--For fiscal year 1995, section 660 of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2420) shall not apply with respect
    to--
    ---------------------------------------------------------------------------

              ``(1) transfers of excess defense articles under section 517
            of that Act (22 U.S.C. 2321k);
              ``(2) funds made available for the `Foreign Military
            Financing Program' under section 23 of the Arms Export Control
            Act (22 U.S.C. 2763) that are used for assistance provided for
            narcotics-related purposes; or
              ``(3) international military education and training under
            chapter 5 of part II of the Foreign Assistance Act of 1961 (22
            U.S.C. 2347 and following) that is provided for narcotics-
            related purposes.
    ---------------------------------------------------------------------------
        ``(b) Notification to Congress.--At least 15 days before any
    transfer under subsection (a)(1) or any obligation of funds under
    subsection (a)(2) or (a)(3), the President shall notify the appropriate
    congressional committees (as defined in section 481(e) of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2291(e)) in accordance with the
    procedures applicable to reprogramming notifications under section 634A
    of that Act (22 U.S.C. 2394).
        ``(c) Coordination With International Narcotics Control Assistance
    Program.--Assistance provided pursuant to this section shall be
    coordinated with international narcotics control assistance under
    chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C.
    2291 et seq.).''.
    ---------------------------------------------------------------------------
        (b) Subsection (a) of this section shall not apply--
              (1) with respect to assistance rendered under section
            515(c) of the Omnibus Crime Control and Safe Streets
            Act of 1968 \1123\ with respect to any authority of the
            Drug Enforcement Administration or the Federal Bureau
            of Investigation which relates to crimes of the nature
            which are unlawful under the laws of the United States,
            or with respect to assistance authorized under section
            482 of this Act;
    ---------------------------------------------------------------------------
        \1123\ Public Law 90-351 (82 Stat. 197), approved June 19, 1968.
    Such sec. 515(c) was redesignated as sec. 515(b) by sec. 124 of Public
    Law 94-503.
    ---------------------------------------------------------------------------
              (2) to any contract entered into prior to the date of
            enactment of this section with any person,
            organization, or agency of the United States Government
            to provide personnel to conduct, or assist in
            conducting, any such program;
              (3) \1124\ with respect to assistance, including
            training, in maritime law enforcement and other
            maritime skills; \1125\
    ---------------------------------------------------------------------------
        \1124\ Clause (3) was added by sec. 127(b) by Public Law 99-83 (99
    Stat. 205).
        \1125\ Sec. 540A(d) of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
    Stat. 737), struck out ``; or'' at the end of para. (3); added ``; or''
    at the end of para. (4), and added new paras. (5) and (6).
    ---------------------------------------------------------------------------
              (4) \1126\ with respect to assistance provided to
            police forces in connection with their participation in
            the regional security system of the Eastern Caribbean
            states; or \1125\
    ---------------------------------------------------------------------------
        \1126\ Sec. 594 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2060), added paragraph (4).
    ---------------------------------------------------------------------------
              (5) \1125\ with respect to assistance, including
            training, relating to sanctions monitoring and
            enforcement;
              (6) \1125\ with respect to assistance provided to
            reconstitute civilian police authority and capability
            in the post-conflict restoration of host nation
            infrastructure for the purposes of supporting a nation
            emerging from instability, and the provision of
            professional public safety training, to include
            training in internationally recognized standards of
            human rights, the rule of law, anti-corruption, and the
            promotion of civilian police roles that support
            democracy; \1127\
    ---------------------------------------------------------------------------
        \1127\ Sec. 574 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by
    reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535),
    struck out a period at the end of para. (6), inserted in lieu thereof a
    semicolon, and added a new para. (7).
    ---------------------------------------------------------------------------
              (7) \1127\ with respect to assistance provided to
            customs authorities and personnel, including training,
            technical assistance and equipment, for customs law
            enforcement and the improvement of customs laws,
            systems and procedures.
    Notwithstanding clause (2), subsection (a) shall apply to any
    renewal or extension of any contract referred to in such
    paragraph entered into on or after such date of enactment.
        (c) \1128\ Subsection (a) shall not apply with respect to a
    country which has a longstanding democratic tradition, does not
    have standing armed forces, and does not engage in a consistent
    pattern of gross violations of internationally recognized human
    rights.
    ---------------------------------------------------------------------------
        \1128\ Subsecs. (c) and (d) were added by sec. 711 of the
    International Security and Development Cooperation Act of 1985 (Public
    Law 99-83; 99 Stat. 244).
    ---------------------------------------------------------------------------
        (d) \1128\, \1129\ Notwithstanding the
    prohibition contained in subsection (a), assistance may be
    provided to Honduras or El Salvador for fiscal years 1986 and
    1987 if, at least 30 days before providing assistance, the
    President notifies the Committee on Foreign Affairs \1130\ of
    the House of Representatives and the Committee on Foreign
    Relations of the Senate, in accordance with the procedures
    applicable to reprogramming notifications pursuant to section
    634A of this Act, that he has determined that the government of
    the recipient country has made significant progress, during the
    preceding six months, in eliminating any human rights
    violations including torture, incommunicado detention,
    detention of persons solely for the non-violent expression of
    their political views, or prolonged detention without trial.
    Any such notification shall include a full description of the
    assistance which is proposed to be provided and of the purposes
    to which it is to be directed.
    ---------------------------------------------------------------------------
        \1129\ See Presidential Determination No. 86-2 of October 29, 1985
    (50 F.R. 48073), in which the President delegated authority to the
    Secretary of State to provide any future report required by sec.
    660(d).
        \1130\ 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. 661.\1131\ TRADE AND DEVELOPMENT AGENCY.

      (a) Purpose.--The Trade and Development Agency shall be an
    agency of the United States under the foreign policy guidance
    of the Secretary of State. The purpose of the Trade and
    Development Agency is to promote United States private sector
    participation in development projects in developing and middle-
    income countries, with special emphasis on economic sectors
    with significant United States export potential, such as
    energy, transportation, telecommunications, and
    environment.\1132\
    ---------------------------------------------------------------------------
        \1131\ 22 U.S.C. 2421. Sec. 201 of the Jobs Through Exports Act of
    1992 (Public Law 102-549; 106 Stat. 3655) amended and restated sec.
    661. It was originally added by sec. 31 of the FA Act of 1974, as
    ``Reimbursable Development Programs''.
        \1132\ Sec. 5(a) of the Export Enhancement Act of 1998 (Public Law
    106-158; 113 Stat. 1746) inserted ``, with special emphasis on economic
    sectors with significant United States export potential, such as
    energy, transportation, telecommunications, and environment''.
    ---------------------------------------------------------------------------
      (b) Authority To Provide Assistance.--
              (1) Authority.--The Director of the Trade and
            Development Agency is authorized to work with foreign
            countries, including those in which the United States
            development programs have been concluded or those not
            receiving assistance under part I, to carry out the
            purpose of this section by providing funds for
            feasibility studies, architectural and engineering
            design, and other activities related to development
            projects which provide opportunities for the use of
            United States exports.
              (2) Use of funds.--Funds under this section may be
            used to provide support for feasibility studies for the
            planning, development, and management of, and
            procurement for, bilateral and multilateral development
            projects, including training activities undertaken in
            connection with a project, for the purpose of promoting
            the use of United States goods and services in such
            projects. Funds under this section may also be used for
            architectural and engineering design, including--
                      (A) concept design, which establishes the
                    basic technical and operational criteria for a
                    project, such as architectural drawings for a
                    proposed facility, evaluation of site
                    constraints, procurement requirements, and
                    equipment specifications; and
                      (B) detail design, which sets forth specific
                    dimensions and criteria for structural,
                    mechanical, electrical, and architectural
                    operations, and identifies other resources
                    required for project operations.
              (3) Information dissemination.--(A) The Trade and
            Development Agency shall disseminate information about
            its project activities to the private sector.
              (B) Other agencies of the United States Government
            shall cooperate with the Trade and Development Agency
            in order for the Agency to provide more effectively
            informational services to persons in the private sector
            concerning trade development and export promotion
            related to development projects.
              (4) Nonapplicability of other provisions.--Any funds
            used for purposes of this section may be used
            notwithstanding any other provision of law.
              (5) \1133\ Contributions to costs.--The Trade and
            Development Agency shall, to the maximum extent
            practicable, require corporations and other entities
            to--
    ---------------------------------------------------------------------------
        \1133\ Sec. 5(b) of the Export Enhancement Act of 1998 (Public Law
    106-158; 113 Stat. 1746) added para. (5).
    ---------------------------------------------------------------------------
                      (A) share the costs of feasibility studies
                    and other project planning services funded
                    under this section; and
                      (B) reimburse the Trade and Development
                    Agency those funds provided under this section,
                    if the corporation or entity concerned succeeds
                    in project implementation.
      (c) Director and Personnel.--
              (1) Director.--There shall be at the head of the
            Trade and Development Agency a Director who shall be
            appointed by the President, by and with the advice and
            consent of the Senate.
              (2) Officers and employees.--(A) The Director may
            appoint such officers and employees of the Trade and
            Development Agency as the Director considers
            appropriate.
              (B) The officers and employees appointed under this
            paragraph shall have such functions as the Director may
            determine.
              (C) Of the officers and employees appointed under
            this paragraph, 2 may be appointed without regard to
            the provisions of title 5, United States Code,
            governing appointments in the competitive service, and
            may be compensated without regard to the provisions of
            chapter 51 or subchapter III of chapter 53 of such
            title.
              (D) Under such regulations as the President may
            prescribe, any individual appointed under subparagraph
            (C) may be entitled, upon removal (except for cause)
            from the position to which the appointment was made, to
            reinstatement to the position occupied by that
            individual at the time of appointment or to a position
            of comparable grade and pay.
      (d) Annual Report.--The President shall, not later than
    December 31 of each year, submit to the Committee on Foreign
    Affairs \1134\ of the House of Representatives and the
    Committee on Foreign Relations of the Senate a report on the
    activities of the Trade and Development Agency in the preceding
    fiscal year.
    ---------------------------------------------------------------------------
        \1134\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
      (e) Audits.--
              (1) In general.--The Trade and Development Agency
            shall be subject to the provisions of chapter 35 of
            title 31, United States Code, except as otherwise
            provided in this section.
              (2) Independent audit.--An independent certified
            public accountant shall perform a financial and
            compliance audit of the financial statements of the
            Trade and Development Agency each year, in accordance
            with generally accepted Government auditing standards
            for a financial and compliance audit, taking into
            consideration any standards recommended by the
            Comptroller General. The independent certified public
            accountant shall report the results of such audit to
            the Director of the Trade and Development Agency. The
            financial statements of the Trade and Development
            Agency shall be presented in accordance with generally
            accepted accounting principles. These financial
            statements and the report of the accountant shall be
            included in a report which contains, to the extent
            applicable, the information identified in section 3512
            of title 31, United States Code, and which the Trade
            and Development Agency shall submit to the Congress not
            later than 6\1/2\ months after the end of the last
            fiscal year covered by the audit. The Comptroller
            General may review the audit conducted by the
            accountant and the report to the Congress in the manner
            and at such times as the Comptroller General considers
            necessary.
              (3) Audit by comptroller general.--In lieu of the
            financial and compliance audit required by paragraph
            (2), the Comptroller General shall, if the Comptroller
            General considers it necessary or upon the request of
            the Congress, audit the financial statements of the
            Trade and Development Agency in the manner provided in
            paragraph (2).
              (4) Availability of information.--All books,
            accounts, financial records, reports, files,
            workpapers, and property belonging to or in use by the
            Trade and Development Agency and the accountant who
            conducts the audit under paragraph (2), which are
            necessary for purposes of this subsection, shall be
            made available to the representatives of the General
            Accounting Office designated by the Comptroller
            General.
      (f) Funding.--
              (1) \1135\ Authorization.--(A) There are authorized
            to be appropriated for purposes of this section, in
            addition to funds otherwise available for such
            purposes, $48,000,000 for fiscal year 2000 and such
            sums as may be necessary for each fiscal year
            thereafter.
    ---------------------------------------------------------------------------
        \1135\ Sec. 201 of the Jobs Through Trade Expansion Act of 1994
    (Public Law 103-392; 108 Stat. 4099) amended and restated para. (1) of
    subsec. (f), to add subpara. designations (A) and (B), and to state
    authorization levels for fiscal years 1995 and 1996. Sec. 5(c)(1) of
    the Export Enhancement Act of 1999 (Public Law 106-158; 113 Stat. 1746)
    struck out language establishing 1995-96 levels and inserted
    ``$48,000,000 for fiscal year 2000 and such sums as may be necessary
    for each fiscal year thereafter''.
        Authorizations under this section in recent years include: fiscal
    year 1977--$2,000,000; fiscal year 1978--$2,000,000; fiscal year 1979--
    $3,000,000; fiscal year 1980--$3,800,000; fiscal year 1981--$4,000,000;
    fiscal year 1982--$6,907,000; fiscal year 1983--$6,907,000; fiscal year
    1984--$22,000,000; fiscal year 1985--no authorization; fiscal year
    1986--$20,000,000; fiscal year 1987--$20,000,000; fiscal year 1988--no
    authorization; fiscal year 1989--no authorization; fiscal year 1990--no
    authorization; fiscal year 1991--no authorization; fiscal year 1992--no
    authorization; fiscal year 1993--$55,000,000; fiscal year 1994--
    $65,000,000; fiscal year 1995--$77,000,000; fiscal year 1996--``such
    sums as are necessary''; fiscal year 1997--$65,000,000; fiscal year
    1998--no authorization; and fiscal year 2000--$48,000,000 (``and such
    sums as may be necessary for each fiscal year thereafter'').
        Title I of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October
    24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429;
    114 Stat. 1900A-5), provided the following:
    ---------------------------------------------------------------------------

                         ``TRADE AND DEVELOPMENT AGENCY
    ---------------------------------------------------------------------------
        ``For necessary expenses to carry out the provisions of section 661
    of the Foreign Assistance Act of 1961, $50,000,000, to remain available
    until September 30, 2002.''.
        See also paragraph relating to assistance for the new independent
    states of the former Soviet Union in title II of that Act.
        Sec. 902(a)(2) of the Foreign Relations Authorization Act, Fiscal
    Years 1990 and 1991 (Public Law 101-246; 104 Stat. 83) suspended any
    obligation of funds for new programs under the Trade and Development
    Agency to the People's Republic of China until the President reported
    to the Congress under subsec. (b) of that sec. that China had made
    certain political reforms, or that such assistance was in the national
    interest of the United States. For text of sec. 902, see Legislation on
    Foreign Relations Through 2000, vol. II, sec. D.
        See also the South African Democratic Transition Support Act of
    1993 (Public Law 103-149; 107 Stat. 1503), sec. 6(c) of which called on
    the Director of the Trade and Development Agency to provide additional
    funds for activities related to projects in South Africa, in
    Legislation on Foreign Relations Through 2000, vol. I-B.
    ---------------------------------------------------------------------------
              (B) Amounts appropriated pursuant to the
            authorization of appropriations under subparagraph (A)
            are authorized to remain available until expended.
              (2) Funding for technical assistance grants by
            multilateral development banks.--(A) The Trade and
            Development Agency should, in carrying out its program,
            provide, as appropriate, funds \1136\ to multilateral
            development banks for technical assistance grants.
    ---------------------------------------------------------------------------
        \1136\ Sec. 5(c)(2) of the Export Enhancement Act of 1999 (Public
    Law 106-158; 113 Stat. 1746) struck out ``in fiscal years 1993 and
    1994, substantially increase the amount of funds it provides'' and
    inserted in lieu thereof ``in carrying out its program, provide, as
    appropriate, funds''.
    ---------------------------------------------------------------------------
              (B) As used in subparagraph (A)--
                      (i) the term ``technical assistance grants''
                    means funding by multilateral development banks
                    of services from the United States in
                    connection with projects and programs supported
                    by such banks, including, but not limited to,
                    engineering, design, and consulting services;
                    and
                      (ii) the term ``multilateral development
                    bank'' has the meaning given that term in
                    section 1701(c) of the International Financial
                    Institutions Act.
        Sec. 662.\1137\ Limitation on Intelligence Activities. * *
    * [Repealed--1991]
    ---------------------------------------------------------------------------
        \1137\ Formerly 22 U.S.C. 2422. Sec. 601 of the Intelligence
    Authorization Act, Fiscal Year 1991 (Public Law 102-88; 105 Stat. 441),
    repealed sec. 662. The section, added by sec. 32 of the FA Act of 1974,
    had provided the following prohibition:
        ``Sec. 662. Limitation on Intelligence Activities.--No funds
    appropriated under the authority of this or any other Act may be
    expended by or on behalf of the Central Intelligence Agency for
    operations in foreign countries, other than activities intended solely
    for obtaining necessary intelligence, unless and until the President
    finds that each such operation is important to the national security of
    the United States. Each such operation shall be considered a
    significant anticipated intelligence activity for the purpose of
    section 501 of the National Security Act of 1947.''.
        Public Law 102-88 also amended and restated the relevant sections
    of the National Security Act of 1947 (50 U.S.C. 413 et seq.); see
    Legislation on Foreign Relations Through 2000, vol. IV.
    ---------------------------------------------------------------------------
        Sec. 663.\1138\ Exchanges of Certain Materials.--(a)
    Notwithstanding any other provision of law, whenever the
    President determines it is in the United States national
    interest, he shall furnish assistance under this Act or shall
    furnish defense articles or services under the Foreign Military
    Sales Act pursuant to an agreement with the recipient of such
    assistance, articles, or services which provides that such
    recipient may only obtain such assistance, articles, or
    services in exchange for any necessary or strategic raw
    material controlled by such recipient. For the purposes of this
    section, the term ``necessary or strategic raw material''
    includes petroleum, other fossil fuels, metals, minerals, or
    any other natural substance which the President determines is
    in short supply in the United States.
    ---------------------------------------------------------------------------
        \1138\ 22 U.S.C. 2423. Sec. 663 was added by sec. 32 of the FA Act
    of 1974.
    ---------------------------------------------------------------------------
        (b) The President shall allocate any necessary or strategic
    raw material transferred to the United States under this
    section to any appropriate agency of the United States
    Government for stockpiling, sale, transfer, disposal, or any
    other purpose authorized by law.
        (c) Funds received from any disposal of materials under
    subsection (b) shall be deposited as miscellaneous receipts in
    the United States Treasury.
        Sec. 664.\1139\ Waiver of Prohibition Against Assistance to
    Countries Engaging in Certain Trade. * * * [Repealed--1977]
    ---------------------------------------------------------------------------
        \1139\ 22 U.S.C. 2424. Sec. 664, as added by sec. 33 of the FA Act
    of 1974, was repealed by sec. 123(c) of the International Development
    and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 541). It
    formerly read as follows:
        ``Sec. 664. Waiver of Prohibition Against Assistance to Countries
    Engaging in Certain Trade.--Any provision of this Act which prohibits
    assistance to a country because that country is engaging in trade with
    a designated country, or because that country permits ships or aircraft
    under its registry to transport any equipment, materials, or
    commodities to or from such designated country, may be waived by the
    President if he determines that such waiver is in the national interest
    and reports such determination to the Congress.''.
    ---------------------------------------------------------------------------
        Sec. 665.\1140\ Transition Provisions for Interim Quarter.
    * * * [Repealed--1978]
    ---------------------------------------------------------------------------
        \1140\ Sec. 665, as added by Public Law 94-161 (89 Stat. 849), was
    repealed by sec. 604 of the International Development and Food
    Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
    ---------------------------------------------------------------------------
        Sec. 666.\1141\ Discrimination Against United States
    Personnel.--(a) The President shall not take into account, in
    assigning officers and employees of the United States to carry
    out any economic development assistance programs funded under
    this Act in any foreign country, the race, religion, national
    origin, or sex of any such officer or employee. Such
    assignments shall be made solely on the basis of ability and
    relevant experience.
    ---------------------------------------------------------------------------
        \1141\ 22 U.S.C. 2426. Sec. 666 was added by sec. 318 of Public Law
    94-161 (89 Stat. 849).
    ---------------------------------------------------------------------------
        (b) Effective six months after the date of enactment of the
    International Development and Food Assistance Act of 1975, or
    on such earlier date as the President may determine, none of
    the funds made available under this Act may be used to provide
    economic development assistance to any country which objects to
    the presence of any officer or employee of the United States
    who is present in such country for the purpose of carrying out
    any program of economic development assistance authorized by
    the provisions of this Act on the basis of the race, religion,
    national origin, or sex of such officer or employee.
        (c) The Secretary of State shall promulgate such rules and
    regulations as he may deem necessary to carry out the
    provisions of this section.
        Sec. 667.\1142\ Operating Expenses.--(a) There are
    authorized to be appropriated to the President, in addition to
    funds otherwise available for such purposes--
    ---------------------------------------------------------------------------
        \1142\ 22 U.S.C. 2427. Sec. 667, as added by sec. 319 of Public Law
    94-161 (89 Stat. 849), was amended and restated by sec. 129(a) of the
    International Development and Food Assistance Act of 1977 (Public Law
    95-88; 91 Stat. 543).
    ---------------------------------------------------------------------------
              (1) $387,000,000 for the fiscal year 1986 and
            $387,000,000 for the fiscal year 1987 \1143\ for
            necessary operating expenses of the agency primarily
            responsible for administering part I of this Act,\1144\
            of which $21,750,000 for the fiscal year 1987 is
            authorized for the necessary operating expenses of the
            Office of the Inspector General of the Agency for
            International Development and the remaining amount for
            the fiscal year is authorized for other necessary
            operating expenses of that agency and
    ---------------------------------------------------------------------------
        \1143\ The authorization figures for fiscal years 1986 and 1987
    were added by sec. 406 of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 219).
    Authorizations under this section during recent years include: fiscal
    year 1979--$261,000,000; fiscal year 1980--$263,000,000; fiscal year
    1981--$293,800,000; fiscal year 1982--$335,600,000; fiscal year 1983--
    $335,600,000; fiscal year 1984--$370,000,000; fiscal year 1985--no
    authorization; fiscal years 1988 through 2001--no authorization.
        Congress did not enact an authorization for fiscal year 2001.
    Instead, the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000,
    enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat.
    1900), waived the requirements for authorization, and title II of that
    Act provided the following:
    ---------------------------------------------------------------------------

        ``operating expenses of the agency for international development
    ---------------------------------------------------------------------------
        ``For necessary expenses to carry out the provisions of section
    667, $520,000,000: Provided, That none of the funds appropriated under
    this heading may be made available to finance the construction
    (including architect and engineering services), purchase, or long term
    lease of offices for use by the Agency for International Development,
    unless the Administrator has identified such proposed construction
    (including architect and engineering services), purchase, or long term
    lease of offices in a report submitted to the Committees on
    Appropriations at least 15 days prior to the obligation of these funds
    for such purposes: Provided further, That the previous proviso shall
    not apply where the total cost of construction (including architect and
    engineering services), purchase, or long term lease of offices does not
    exceed $1,000,000.
    ---------------------------------------------------------------------------

    ``OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT OFFICE
                              OF INSPECTOR GENERAL
    ---------------------------------------------------------------------------
        ``For necessary expenses to carry out the provisions of section
    667, $27,000,000, to remain available until September 30, 2002, which
    sum shall be available for the Office of the Inspector General of the
    Agency for International Development.''.
        Title VI of that Act (114 Stat. 1900A-62) provided emergency
    supplemental appropriations as follows:
    ---------------------------------------------------------------------------

        ``OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT
    ---------------------------------------------------------------------------
        ``For an additional amount for `Operating Expenses of the Agency
    for International Development', $13,000,000, to remain available until
    September 30, 2001: Provided, That the entire amount is designated by
    the Congress as an emergency requirement pursuant to section
    251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
    of 1985, as amended: Provided further, That the amount provided shall
    be available only to the extent that an official budget request that
    includes designation of the entire amount as an emergency requirement
    pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
    Deficit Control Act of 1985, as amended, is transmitted by the
    President to the Congress.''.
        \1144\ The words following ``Act'' were added by sec. 402 of Public
    Law 99-529 (100 Stat. 3010).
    ---------------------------------------------------------------------------
              (2) such amounts as may be necessary for increases in
            salary, pay, retirement, and other employee benefits
            authorized by law, and for other nondiscretionary costs
            of such agency.
        (b) Amounts appropriated under this section are authorized
    to remain available until expended.
        Sec. 668.\1145\ Report on Korea. * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \1145\ Sec. 668, as added by sec. 411 of Public Law 94-329 (90
    Stat. 760), was repealed by sec. 734(a)(1) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1560). This report, which had been required on an annual basis,
    1976-81, included information on progress made by Korea to modernize
    its armed forces, on the U.S. role in mutual security efforts in Korea,
    and on prospects for or implementation of phased reduction of U.S.
    Armed Forces assigned to duty in Korea. Similar information is now
    required under sec. 25(a)(9) of the Arms Export Control Act.
    ---------------------------------------------------------------------------
        Sec. 669.\1146\ Nuclear Enrichment Transfers. * * *
    [Repealed--1994]
    ---------------------------------------------------------------------------
        \1146\ Formerly at 22 U.S.C. 2429. Sec. 669, popularly referred to
    as the Symington amendment, was added by sec. 305 of Public Law 94-329,
    amended and restated by sec. 12 of the International Security
    Assistance Act of 1977 (Public Law 95-92; 91 Stat. 620), further
    amended by secs. 10(b)(4) and 12 of the International Security
    Assistance Act of 1978 (Public Law 95-384; 92 Stat. 735, 737); further
    amended by sec. 737(b) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1562).
        Secs. 669 and 670 were repealed by sec. 826(b) of the Nuclear
    Proliferation Prevention Act of 1994 (title VIII of the Foreign
    Relations Authorization Act; Public Law 103-236; 108 Stat. 519), after
    section 826(a) of that Act enacted two new sections into the Arms
    Export Control Act (secs. 101 and 102; at 22 U.S.C. 2799aa and 2799aa-
    1) to state nuclear nonproliferation controls.
    ---------------------------------------------------------------------------
        Sec. 670.\1147\ Nuclear Reprocessing Transfers, Illegal
    Exports for Nuclear Explosive Devices, Transfers of Nuclear
    Explosive Devices, and Nuclear Detonations. * * * [Repealed--
    1994]
    ---------------------------------------------------------------------------
        \1147\ Formerly at 22 U.S.C. 2429a. Sec. 670, popularly referred to
    as the Glenn amendment, was added by sec. 12 of Public Law 95-92 (91
    Stat. 620); amended and restated by sec. 737(c) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1562); and further amended by sec. 1204 of the International
    Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
    Stat. 277).
        Secs. 669 and 670 were repealed by sec. 826(b) of the Nuclear
    Proliferation Prevention Act of 1994 (title VIII of the Foreign
    Relations Authorization Act; Public Law 103-236; 108 Stat. 519), after
    section 826(a) of that Act enacted two new sections into the Arms
    Export Control Act (secs. 101 and 102; at 22 U.S.C. 2799aa and 2799aa-
    1) to state nuclear nonproliferation controls.
    ---------------------------------------------------------------------------
        Sec. 671.\1148\ Notification of Program Changes. * * *
    [Redesignated--1978]
    ---------------------------------------------------------------------------
        \1148\ Sec. 671, as added by Public Law 95-88 (91 Stat. 543), was
    redesignated as sec. 634A of this Act by sec. 502(b) of the
    International Development and Food Assistance Act of 1978 (Public Law
    95-424; 92 Stat. 959).
    ---------------------------------------------------------------------------

             PART IV--ENTERPRISE FOR THE AMERICAS INITIATIVE \1149\

    SEC. 701.\1150\ PURPOSE.

        The purpose of this part is to encourage and support
    improvement in the lives of the people of Latin America and the
    Caribbean through market-oriented reforms and economic growth
    with interrelated actions to promote debt reduction, investment
    reforms, community based conservation, and sustainable use of
    the environment, and child survival and child development. The
    Facility will support these objectives through administration
    of debt reduction operations under this part for those
    countries with democratically elected governments that meet
    investment reforms and other policy conditions.
    ---------------------------------------------------------------------------
        \1149\ Sec. 602(a) of the Jobs Through Exports Act of 1992 (Public
    Law 102-549; 106 Stat. 3664) added Part IV--Enterprise for the Americas
    Initiative, secs. 701-710. See also footnote at Part V--Debt Reduction
    for Developing Countries with Tropical Forests.
        Former Part IV, relating to amendments to other laws, was repealed
    by sec. 401 of the FA Act of 1962.
        \1150\ 22 U.S.C. 2430.
    ---------------------------------------------------------------------------

    SEC. 702.\1151\ DEFINITIONS.

        For purposes of this part--
    ---------------------------------------------------------------------------
        \1151\ 22 U.S.C. 2430a.
    ---------------------------------------------------------------------------
              (1) the term ``administering body'' means the entity
            provided for in section 708(c);
              (2) the term ``Americas Framework Agreement'' means
            an Americas Framework Agreement provided for in section
            708;
              (3) the term ``Americas Fund'' means an Enterprise
            for the Americas Fund provided for in section 707(a);
              (4) the term ``appropriate congressional committees''
            means the Committee on Foreign Affairs \1152\ and the
            Committee on Appropriations of the House of
            Representatives and the Committee on Foreign Relations
            and the Committee on Appropriations of the Senate;
    ---------------------------------------------------------------------------
        \1152\ 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.
    ---------------------------------------------------------------------------
              (5) the term ``beneficiary country'' means an
            eligible country with respect to which the authority of
            section 704(a)(1) is exercised;
              (6) the term ``eligible country'' means a country
            designated by the President in accordance with section
            703;
              (7) the term ``Enterprise for the Americas Board'' or
            ``Board'' means the board established by section 610 of
            the Agricultural Trade Development and Assistance Act
            of 1954; and
              (8) the term ``Facility'' means the Enterprise for
            the Americas Facility established in the Department of
            the Treasury by section 601 of that Act.

    SEC. 703.\1153\ ELIGIBILITY FOR BENEFITS.

      (a) Requirements.--To be eligible for benefits from the
    Facility under this part, a country must be a Latin American or
    Caribbean country--
    ---------------------------------------------------------------------------
        \1153\ 22 U.S.C. 2430b.
    ---------------------------------------------------------------------------
              (1) whose government is democratically elected;
              (2) whose government has not repeatedly provided
            support for acts of international terrorism;
              (3) whose government is not failing to cooperate on
            international narcotics control matters;
              (4) whose government (including its military or other
            security forces) does not engage in a consistent
            pattern of gross violations of internationally
            recognized human rights;
              (5) that has in effect, has received approval for,
            or, as appropriate in exceptional circumstances, is
            making significant progress toward--
                      (A) an International Monetary Fund standby
                    arrangement, extended Fund arrangement, or an
                    arrangement under the structural adjustment
                    facility or enhanced structural adjustment
                    facility, or in exceptional circumstances, a
                    Fund monitored program or its equivalent,
                    unless the President determines (after
                    consultation with the Enterprise for the
                    Americas Board) that such an arrangement or
                    program (or its equivalent) could reasonably be
                    expected to have significant adverse social or
                    environmental effects; and
                      (B) as appropriate, structural or sectoral
                    adjustment loans from the International Bank
                    for Reconstruction and Development or the
                    International Development Association, unless
                    the President determines (after consultation
                    with the Enterprise for the Americas Board)
                    that the resulting adjustment requirements
                    could reasonably be expected to have
                    significant adverse social or environmental
                    effects;
              (6) has put in place major investment reforms in
            conjunction with an Inter-American Development Bank
            loan or otherwise is implementing, or is making
            significant progress toward, an open investment regime;
            and
              (7) if appropriate, has agreed with its commercial
            bank lenders on a satisfactory financing program,
            including, as appropriate, debt or debt service
            reduction.
      (b) Eligibility Determinations.--Consistent with subsection
    (a), the President shall determine whether a country is
    eligible to receive benefits under this part. The President
    shall notify the appropriate congressional committees of his
    intention to designate a country as an eligible country at
    least 15 days in advance of any formal determination.

    SEC. 704.\1154\ REDUCTION OF CERTAIN DEBT.

      (a) Authority To Reduce Debt.--
    ---------------------------------------------------------------------------
        \1154\ 22 U.S.C. 2430c. Sec. 594(a) of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1993 (Public
    Law 102-391; 106 Stat. 1692), enacted authorization for debt reduction
    as chapter 12, sec. 499 of this Act. That enactment, however, was
    repealed by sec. 602(b) of Public Law 102-549 (106 Stat. 3669), which
    also provided:
        ``Any exercise of the authorities provided in that chapter prior to
    its repeal by this subsection shall be deemed to be an exercise of the
    authorities of part IV of the Foreign Assistance Act of 1961 (as
    enacted by subsection (a) of this section) and shall be carried out,
    after the enactment of this section, in accordance with that part.''.
    ---------------------------------------------------------------------------
              (1) Authority.--The President may reduce the amount
            owed to the United States (or any agency of the United
            States) that is outstanding as of January 1, 1992, as a
            result of concessional loans made to an eligible
            country by the United States under part I of this Act,
            chapter 4 of part II of this Act, or predecessor
            foreign economic assistance legislation.
              (2) Appropriations requirement.--The authority
            provided by this section may be exercised only in such
            amounts or to such extent as is provided in advance by
            appropriations Acts.
              (3) Certain prohibitions inapplicable.--(A) A
            reduction of debt pursuant to this section shall not be
            considered assistance for purposes of any provision of
            law limiting assistance to a country.
              (B) The authority of this section may be exercised
            notwithstanding section 620(r) of this Act or section
            321 of the International Development and Food
            Assistance Act of 1975.
      (b) Implementation of Debt Reduction.--
              (1) In general.--Any debt reduction pursuant to
            subsection (a) shall be accomplished at the direction
            of the Facility by the exchange of a new obligation for
            obligations outstanding as of the date specified in
            subsection (a)(1).
              (2) Exchange of obligations.--The Facility shall
            notify the agency primarily responsible for
            administering part I of this Act of the agreement with
            an eligible country to exchange a new obligation for
            outstanding obligations pursuant to this subsection. At
            the direction of the Facility, the old obligations
            shall be canceled and a new debt obligation for the
            country shall be established, and the agency primarily
            responsible for administering part I of this Act shall
            make an adjustment in its accounts to reflect the debt
            reduction.

    SEC. 705.\1155\ REPAYMENT OF PRINCIPAL.

      (a) Currency of Payment.--The principal amount of each new
    obligation issued pursuant to section 704(b) shall be repaid in
    United States dollars.
    ---------------------------------------------------------------------------
        \1155\ 22 U.S.C. 2430d.
    ---------------------------------------------------------------------------
      (b) Deposit of Payments.--Principal repayments of new
    obligations shall be deposited in the United States Government
    account established for principal repayments of the obligations
    for which those obligations were exchanged.

    SEC. 706.\1156\ INTEREST ON NEW OBLIGATIONS.

      (a) Rate of Interest.--New obligations issued by a
    beneficiary country pursuant to section 704(b) shall bear
    interest at a concessional rate.
    ---------------------------------------------------------------------------
        \1156\ 22 U.S.C. 2430e.
    ---------------------------------------------------------------------------
      (b) Currency of Payment; Deposits.--
              (1) Local currency.--If the beneficiary country has
            entered into an Americas Framework Agreement, interest
            shall be paid in the local currency of the beneficiary
            country and deposited in an Americas Fund. Such
            interest shall be the property of the beneficiary
            country, until such time as it is disbursed pursuant to
            section 707(d). Such local currencies shall be used for
            the purposes specified in the Americas Framework
            Agreement.
              (2) United states dollars.--If the beneficiary
            country has not entered into an Americas Framework
            Agreement, interest shall be paid in United States
            dollars and deposited in the United States Government
            account established for interest payments of the
            obligations for which the new obligations were
            exchanged.
      (c) Interest Already Paid.--If a beneficiary country enters
    into an Americas Framework Agreement subsequent to the date on
    which interest first became due on the newly issued obligation,
    any interest already paid on such new obligation shall not be
    redeposited into the Americas Fund established for that
    country.

    SEC. 707.\1157\ ENTERPRISE FOR THE AMERICAS FUNDS.

      (a) Establishment.--Each beneficiary country that enters into
    an Americas Framework Agreement shall be required to establish
    an Enterprise for the Americas Fund to receive payments in
    local currency pursuant to section 706(b)(1).
    ---------------------------------------------------------------------------
        \1157\ 22 U.S.C. 2430f. Title IV of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2001 (H.R. 5526, as
    introduced on October 24, 2000, enacted by reference in sec. 101(a) of
    Public Law 106-429; 114 Stat. 1900A-21), provided the following:
    ---------------------------------------------------------------------------

        ``CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL
                                INVESTMENT FUND
    ---------------------------------------------------------------------------
        ``For payment to the Enterprise for the Americas Multilateral
    Investment Fund by the Secretary of the Treasury, for the United States
    contribution to the fund, $10,000,000, to remain available until
    expended.''.
        See also sec. 557 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on
    October 24, 2000, enacted by reference in sec. 101(a) of Public Law
    106-429; 114 Stat. 1900A-43), relating to authority to engage in debt
    buybacks or sales.
    ---------------------------------------------------------------------------
      (b) Deposits.--Local currencies deposited in an Americas Fund
    shall not be considered assistance for purposes of any
    provision of law limiting assistance to a country.
      (c) Investment.--Deposits made in an Americas Fund shall be
    invested until disbursed. Any return on such investment may be
    retained by the Americas Fund, without deposit in the Treasury
    of the United States and without further appropriation by the
    Congress.
      (d) Disbursements.--Funds in an Americas Fund shall be
    disbursed only pursuant to an Americas Framework Agreement.

    SEC. 708.\1158\ AMERICAS FRAMEWORK AGREEMENTS.

      (a) Authority.--The Secretary of State is authorized, in
    consultation with other appropriate Government officials, to
    enter into an Americas Framework Agreement with any eligible
    country concerning the operation and use of the Americas Fund
    for that country. In the negotiation of such Agreements, the
    Secretary shall consult with the Enterprise for the Americas
    Board in accordance with section 709.
    ---------------------------------------------------------------------------
        \1158\ 22 U.S.C. 2430g.
    ---------------------------------------------------------------------------
      (b) Contents of Agreements.--An Americas Framework Agreement
    with an eligible country shall--
              (1) require that country to establish an Americas
            Fund;
              (2) require that country to make interest payments
            under section 706(b)(1) into an Americas Fund;
              (3) require that country to make prompt disbursements
            from the Americas Fund to the administering body
            described in subsection (c);
              (4) when appropriate, seek to maintain the value of
            the local currency resources of the Americas Fund in
            terms of United States dollars;
              (5) specify, in accordance with subsection (d), the
            purposes for which amounts in an Americas Fund may be
            used; and
              (6) contain reasonable provisions for the enforcement
            of the terms of the agreement.
      (c) Administering Body.--
              (1) In general.--Funds disbursed from the Americas
            Fund in each beneficiary country shall be administered
            by a body constituted under the laws of that country.
              (2) Composition.--The administering body shall
            consist of--
                      (A) one or more individuals appointed by the
                    United States Government,
                      (B) one or more individuals appointed by the
                    government of the beneficiary country, and
                      (C) individuals who represent a broad range
                    of--
                              (i) environmental nongovernmental
                            organizations of the beneficiary
                            country,
                              (ii) child survival and child
                            development nongovernmental
                            organizations of the beneficiary
                            country,
                              (iii) local community development
                            nongovernmental organizations of the
                            beneficiary country, and
                              (iv) scientific or academic
                            organizations or institutions of the
                            beneficiary country.
            A majority of the members of the administering body
            shall be individuals described in subparagraph (C).
              (3) Responsibilities.--The administering body--
                      (A) shall receive proposals for grant
                    assistance from eligible grant recipients (as
                    determined under subsection (e)) and make
                    grants to eligible grant recipients in
                    accordance with the priorities agreed upon in
                    the Americas Framework Agreement, consistent
                    with subsection (d);
                      (B) shall be responsible for the management
                    of the program and oversight of grant
                    activities funded from resources of the
                    Americas Fund;
                      (C) shall be subject, on an annual basis, to
                    an audit of financial statements conducted in
                    accordance with generally accepted auditing
                    standards by an independent auditor;
                      (D) shall be required to grant to
                    representatives of the United States General
                    Accounting Office such access to books and
                    records associated with operations of the
                    Americas Fund as the Comptroller General of the
                    United States may request;
                      (E) shall present an annual program for
                    review each year by the Enterprise for the
                    Americas Board; and
                      (F) shall submit a report each year on the
                    activities that it undertook during the
                    previous year to the Chair of the Enterprise
                    for the Americas Board and to the government of
                    the beneficiary country.
      (d) Eligible Activities.--Grants from an Americas Fund shall
    be used for--
              (1) activities that link the conservation and
            sustainable use of natural resources with local
            community development; and
              (2) child survival and other child development
            activities.
      (e) Grant Recipients.--Grants made from an Americas Fund
    shall be made to--
              (1) nongovernmental environmental, conservation,
            child survival and child development, development, and
            indigenous peoples organizations of the beneficiary
            country;
              (2) other appropriate local or regional entities; and
              (3) in exceptional circumstances, the government of
            the beneficiary country.
      (f) Review of Larger Grants.--Any grant of more than $100,000
    from an Americas Fund shall be subject to veto by the
    Government of the United States or the government of the
    beneficiary country.
      (g) Eligibility Criteria.--In the event that a country ceases
    to meet the eligibility requirements set forth in section
    703(a), as determined by the President pursuant to section
    703(b), then grants from the Americas Fund for that country may
    only be made to nongovernmental organizations until such time
    as the President determines that such country meets the
    eligibility requirements set forth in section 703(a).

    SEC. 709.\1159\ ENTERPRISE FOR THE AMERICAS BOARD.

      For purposes of this part, the Enterprise for the Americas
    Board shall--
    ---------------------------------------------------------------------------
        \1159\ 22 U.S.C. 2430h.
    ---------------------------------------------------------------------------
              (1) advise the Secretary of State on the negotiations
            of Americas Framework Agreements;
              (2) ensure, in consultation with--
                      (A) the government of the beneficiary
                    country,
                      (B) nongovernmental organizations of the
                    beneficiary country,
                      (C) nongovernmental organizations of the
                    region (if appropriate),
                      (D) environmental, scientific, child survival
                    and child development, and academic leaders of
                    the beneficiary country, and
                      (E) environmental, scientific, child survival
                    and child development, and academic leaders of
                    the region (as appropriate),
            that a suitable administering body is identified for
            each Americas Fund; and
              (3) review the programs, operations, and fiscal
            audits of each administering body.

    SEC. 710.\1160\ ANNUAL REPORTS TO THE CONGRESS.

      The annual reports submitted pursuant to section 614 of the
    Agricultural Trade Development and Assistance Act of 1954 (7
    U.S.C. 1738mm) shall include a description of each Americas
    Framework Agreement and a description of any grants that have
    been extended by administering bodies pursuant to an Americas
    Framework Agreement.
    ---------------------------------------------------------------------------
        \1160\ 22 U.S.C. 2430i.
        \1161\ Part V, which related to Indochina Postwar Reconstruction,
    was repealed by sec. 413 of the International Security Assistance and
    Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 761). For
    complete text of regulations governing determinations, authorizations,
    etc., and remaining funds under part V, see page 700.
        \1162\ Part VI, which related to assistance to the Middle East and
    had been added by the FA Act of 1974, was repealed by sec. 12(b)(4) of
    the International Security Assistance Act of 1978 (Public Law 95-384;
    92 Stat. 737).
    ---------------------------------------------------------------------------

                      PART V \1161\ * * * [Repealed--1976]

                     PART VI \1162\ * * * [Repealed--1978]

     PART V--DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH TROPICAL FORESTS
                           \1163\, \1164\

    SEC. 801.\1165\ SHORT TITLE.

        This part may be cited as the ``Tropical Forest
    Conservation Act of 1998''.
    ---------------------------------------------------------------------------
        \1163\ Sec. 1 of Public Law 105-214 (112 Stat. 885) added part V.
    An earlier part V, relating to Indochina Postwar Reconstruction, was
    repealed by sec. 413 of the International Security Assistance and Arms
    Export Control Act of 1976 (Public Law 94-329; 90 Stat. 761). An
    earlier part VI, relating to assistance to the Middle East, had been
    added by the FA Act of 1974, and was repealed by sec. 12(b)(4) of the
    International Security Assistance Act of 1978 (Public Law 95-384; 92
    Stat. 737).
        \1164\ Title II of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on
    October 24, 2000, enacted by reference in sec. 101(a) of Public Law
    106-429; 114 Stat. 1900A-16), provided the following:
    ---------------------------------------------------------------------------

                              ``DEBT RESTRUCTURING
    ---------------------------------------------------------------------------
        ``For the cost, as defined in section 502 of the Congressional
    Budget Act of 1974, of modifying loans and loan guarantees, as the
    President may determine, for which funds have been appropriated or
    otherwise made available for programs within the International Affairs
    Budget Function 150, including the cost of selling, reducing, or
    canceling amounts owed to the United States as a result of concessional
    loans made to eligible countries, pursuant to parts IV and V of the
    Foreign Assistance Act of 1961, and of modifying concessional credit
    agreements with least developed countries, as authorized under section
    411 of the Agricultural Trade Development and Assistance Act of 1954,
    as amended, and concessional loans, guarantees and credit agreements,
    as authorized under section 572 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1989 (Public Law
    100-461), and of canceling amounts owed, as a result of loans or
    guarantees made pursuant to the Export-Import Bank Act of 1945, by
    countries that are eligible for debt reduction pursuant to title V of
    H.R. 3425 as enacted into law by section 1000(a)(5) of Public Law 106-
    113, $238,000,000, to remain available until expended: Provided, That
    of this amount, not less than $13,000,000 shall be made available to
    carry out the provisions of part V of the Foreign Assistance Act of
    1961: Provided further, That funds appropriated or otherwise made
    available under this heading in this Act may be used by the Secretary
    of the Treasury to pay to the Heavily Indebted Poor Countries (HIPC)
    Trust Fund administered by the International Bank for Reconstruction
    and Development amounts for the benefit of countries that are eligible
    for debt reduction pursuant to title V of H.R. 3425 as enacted into law
    by section 1000(a)(5) of Public Law 106-113: Provided further, That
    amounts paid to the HIPC Trust Fund may be used only to fund debt
    reduction under the enhanced HIPC initiative by--
    ---------------------------------------------------------------------------

              ``(1) the Inter-American Development Bank;
              ``(2) the African Development Fund;
              ``(3) the African Development Bank; and
              ``(4) the Central American Bank for Economic Integration:
    ---------------------------------------------------------------------------
        ``Provided further, That funds may not be paid to the HIPC Trust
    Fund for the benefit of any country if the Secretary of State has
    credible evidence that the government of such country is engaged in a
    consistent pattern of gross violations of internationally recognized
    human rights or in military or civil conflict that undermines its
    ability to develop and implement measures to alleviate poverty and to
    devote adequate human and financial resources to that end: Provided
    further, That on the basis of final appropriations, the Secretary of
    the Treasury shall consult with the Committees on Appropriations
    concerning which countries and international financial institutions are
    expected to benefit from a United States contribution to the HIPC Trust
    Fund during the fiscal year: Provided further, That the Secretary of
    the Treasury shall inform the Committees on Appropriations not less
    than 15 days in advance of the signature of an agreement by the United
    States to make payments to the HIPC Trust Fund of amounts for such
    countries and institutions: Provided further, That the Secretary of the
    Treasury may disburse funds designated for debt reduction through the
    HIPC Trust Fund only for the benefit of countries that--
    ---------------------------------------------------------------------------

              ``(a) have committed, for a period of 24 months, not to
            accept new market-rate loans from the international financial
            institution receiving debt repayment as a result of such
            disbursement, other than loans made by such institution to
            export-oriented commercial projects that generate foreign
            exchange which are generally referred to as `enclave' loans;
            and
              ``(b) have documented and demonstrated their commitment to
            redirect their budgetary resources from international debt
            repayments to programs to alleviate poverty and promote
            economic growth that are additional to or expand upon those
            previously available for such purposes:
    ---------------------------------------------------------------------------
        ``Provided further, That any limitation of subsection (e) of
    section 411 of the Agricultural Trade Development and Assistance Act of
    1954 shall not apply to funds appropriated under this heading: Provided
    further, That none of the funds made available under this heading in
    this or any other appropriations Acts shall be made available for Sudan
    or Burma unless the Secretary of Treasury determines and notifies the
    Committees on Appropriations that a democratically elected government
    has taken office: Provided further, That the authority provided by
    section 572 of Public Law 100-461 may be exercised only with respect to
    countries that are eligible to borrow from the International
    Development Association, but not from the International Bank for
    Reconstruction and Development, commonly referred to as `IDA-only'
    countries.''.
        Title VI of that Act provided emergency supplemental appropriations
    as follows:
    ---------------------------------------------------------------------------

                          ``DEPARTMENT OF THE TREASURY

                              ``DEBT RESTRUCTURING
    ---------------------------------------------------------------------------
        ``For an additional amount for `Debt restructuring' $210,000,000
    for a contribution to the `Heavily Indebted Poor Countries Trust Fund'
    of the International Bank for Reconstruction and Development (HIPC
    Trust Fund): Provided, That the entire amount is designated by the
    Congress as an emergency requirement pursuant to section 251(b)(2)(A)
    of the Balanced Budget and Emergency Deficit Control Act of 1985, as
    amended: Provided further, That the entire amount provided shall be
    available only to the extent an official budget request that includes
    designation of the entire amount as an emergency requirement as defined
    in the Balanced Budget and Emergency Deficit Control Act of 1985, as
    amended, is transmitted by the President to the Congress.''.
        \1165\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

    SEC. 802.\1166\ FINDINGS AND PURPOSES.

        (a) Findings.--The Congress finds the following:
    ---------------------------------------------------------------------------
        \1166\ 22 U.S.C. 2431.
    ---------------------------------------------------------------------------
              (1) It is the established policy of the United States
            to support and seek protection of tropical forests
            around the world.
              (2) Tropical forests provide a wide range of benefits
            to humankind by--
                      (A) harboring a major share of the Earth's
                    biological and terrestrial resources, which are
                    the basis for developing pharmaceutical
                    products and revitalizing agricultural crops;
                      (B) playing a critical role as carbon sinks
                    in reducing greenhouse gases in the atmosphere,
                    thus moderating potential global climate
                    change; and
                      (C) regulating hydrological cycles on which
                    far-flung agricultural and coastal resources
                    depend.
              (3) International negotiations and assistance
            programs to conserve forest resources have proliferated
            over the past decade, but the rapid rate of tropical
            deforestation continues unabated.
              (4) Developing countries with urgent needs for
            investment and capital for development have allocated a
            significant amount of their forests to logging
            concessions.
              (5) Poverty and economic pressures on the populations
            of developing countries have, over time, resulted in
            clearing of vast areas of forest for conversion to
            agriculture, which is often unsustainable in the poor
            soils underlying tropical forests.
              (6) Debt reduction can reduce economic pressures on
            developing countries and result in increased protection
            for tropical forests.
              (7) Finding economic benefits to local communities
            from sustainable uses of tropical forests is critical
            to the protection of tropical forests.
        (b) Purposes.--The purposes of this part are--
              (1) to recognize the values received by United States
            citizens from protection of tropical forests;
              (2) to facilitate greater protection of tropical
            forests (and to give priority to protecting tropical
            forests with the highest levels of biodiversity and
            under the most severe threat) by providing for the
            alleviation of debt in countries where tropical forests
            are located, thus allowing the use of additional
            resources to protect these critical resources and
            reduce economic pressures that have led to
            deforestation;
              (3) to ensure that resources freed from debt in such
            countries are targeted to protection of tropical
            forests and their associated values; and
              (4) to rechannel existing resources to facilitate the
            protection of tropical forests.

    SEC. 803.\1167\ DEFINITIONS.

        As used in this part:
    ---------------------------------------------------------------------------
        \1167\ 22 U.S.C. 2431a.
    ---------------------------------------------------------------------------
              (1) Administering body.--The term ``administering
            body'' means the entity provided for in section 809(c).
              (2) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means--
                      (A) the Committee on International Relations
                    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.
              (3) Beneficiary country.--The term ``beneficiary
            country'' means an eligible country with respect to
            which the authority of section 806(a)(1), section
            807(a)(1), or paragraph (1) or (2) of section 808(a) is
            exercised.
              (4) Board.--The term ``Board'' means the board
            referred to in section 811.
              (5) Developing country with a tropical forest.--The
            term ``developing country with a tropical forest''
            means--
                      (A)(i) a country that has a per capita income
                    of $725 or less in 1994 United States dollars
                    (commonly referred to as ``low-income
                    country''), as determined and adjusted on an
                    annual basis by the International Bank for
                    Reconstruction and Development in its World
                    Development Report; or
                      (ii) a country that has a per capita income
                    of more than $725 but less than $8,956 in 1994
                    United States dollars (commonly referred to as
                    ``middle-income country''), as determined and
                    adjusted on an annual basis by the
                    International Bank for Reconstruction and
                    Development in its World Development Report;
                    and
                      (B) a country that contains at least one
                    tropical forest that is globally outstanding in
                    terms of its biological diversity or represents
                    one of the larger intact blocks of tropical
                    forests left, on a regional, continental, or
                    global scale.
              (6) Eligible country.--The term ``eligible country''
            means a country designated by the President in
            accordance with section 805.
              (7) Tropical forest agreement.--The term ``Tropical
            Forest Agreement'' or ``Agreement'' means a Tropical
            Forest Agreement provided for in section 809.
              (8) Tropical forest facility.--The term ``Tropical
            Forest Facility'' or ``Facility'' means the Tropical
            Forest Facility established in the Department of the
            Treasury by section 804.
              (9) Tropical forest fund.--The term ``Tropical Forest
            Fund'' or ``Fund'' means a Tropical Forest Fund
            provided for in section 810.

    SEC. 804.\1168\ ESTABLISHMENT OF THE FACILITY.

        There is established in the Department of the Treasury an
    entity to be known as the ``Tropical Forest Facility'' for the
    purpose of providing for the administration of debt reduction
    in accordance with this part.
    ---------------------------------------------------------------------------
        \1168\ 22 U.S.C. 2431b.
    ---------------------------------------------------------------------------

    SEC. 805.\1169\ ELIGIBILITY FOR BENEFITS.

        (a) In General.--To be eligible for benefits from the
    Facility under this part, a country shall be a developing
    country with a tropical forest--
    ---------------------------------------------------------------------------
        \1169\ 22 U.S.C. 2431c.
    ---------------------------------------------------------------------------
              (1) whose government meets the requirements
            applicable to Latin American or Caribbean countries
            under paragraphs (1) through (5) and (7) of section
            703(a) of this Act; and
              (2) that has put in place major investment reforms,
            as evidenced by the conclusion of a bilateral
            investment treaty with the United States,
            implementation of an investment sector loan with the
            Inter-American Development Bank, World Bank-supported
            investment reforms, or other measures, as appropriate.
        (b) Eligibility Determinations.--
              (1) In general.--Consistent with subsection (a), the
            President shall determine whether a country is eligible
            to receive benefits under this part.
              (2) Congressional notification.--The President shall
            notify the appropriate congressional committees of his
            intention to designate a country as an eligible country
            at least 15 days in advance of any formal
            determination.

    SEC. 806.\1170\ REDUCTION OF DEBT OWED TO THE UNITED STATES AS A RESULT
                        OF CONCESSIONAL LOANS UNDER THE FOREIGN ASSISTANCE
                        ACT OF 1961.

        (a) Authority To Reduce Debt.--
              (1) Authority.--The President may reduce the amount
            owed to the United States (or any agency of the United
            States) that is outstanding as of January 1, 1998, as a
            result of concessional loans made to an eligible
            country by the United States under part I of this Act,
            chapter 4 of part II of this Act, or predecessor
            foreign economic assistance legislation.
    ---------------------------------------------------------------------------
        \1170\ 22 U.S.C. 2431d.
    ---------------------------------------------------------------------------
              (2) Authorization of appropriations.--For the cost
            (as defined in section 502(5) of the Federal Credit
            Reform Act of 1990) for the reduction of any debt
            pursuant to this section, there are authorized to be
            appropriated to the President--
                      (A) $25,000,000 for fiscal year 1999;
                      (B) $75,000,000 for fiscal year 2000; and
                      (C) $100,000,000 for fiscal year 2001.
              (3) Certain prohibitions inapplicable.--
                      (A) In general.--A reduction of debt pursuant
                    to this section shall not be considered
                    assistance for purposes of any provision of law
                    limiting assistance to a country.
                      (B) Additional requirement.--The authority of
                    this section may be exercised notwithstanding
                    section 620(r) of this Act or section 321 of
                    the International Development and Food
                    Assistance Act of 1975.
        (b) Implementation of Debt Reduction.--
              (1) In general.--Any debt reduction pursuant to
            subsection (a) shall be accomplished at the direction
            of the Facility by the exchange of a new obligation for
            obligations of the type referred to in subsection (a)
            outstanding as of the date specified in subsection
            (a)(1).
              (2) Exchange of obligations.--
                      (A) In general.--The Facility shall notify
                    the agency primarily responsible for
                    administering part I of this Act of an
                    agreement entered into under paragraph (1) with
                    an eligible country to exchange a new
                    obligation for outstanding obligations.
                      (B) Additional requirement.--At the direction
                    of the Facility, the old obligations that are
                    the subject of the agreement shall be canceled
                    and a new debt obligation for the country shall
                    be established relating to the agreement, and
                    the agency primarily responsible for
                    administering part I of this Act shall make an
                    adjustment in its accounts to reflect the debt
                    reduction.
        (c) Additional Terms and Conditions.--The following
    additional terms and conditions shall apply to the reduction of
    debt under subsection (a)(1) in the same manner as such terms
    and conditions apply to the reduction of debt under section
    704(a)(1) of this Act:
              (1) The provisions relating to repayment of principal
            under section 705 of this Act.
              (2) The provisions relating to interest on new
            obligations under section 706 of this Act.

    SEC. 807.\1171\ REDUCTION OF DEBT OWED TO THE UNITED STATES AS A RESULT
                        OF CREDITS EXTENDED UNDER TITLE I OF THE
                        AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT
                        OF 1954.

        (a) Authority To Reduce Debt.--
              (1) Authority.--Notwithstanding any other provision
            of law, the President may reduce the amount owed to the
            United States (or any agency of the United States) that
            is outstanding as of January 1, 1998, as a result of
            any credits extended under title I of the Agricultural
            Trade Development and Assistance Act of 1954 (7 U.S.C.
            1701 et seq.) to a country eligible for benefits from
            the Facility.
    ---------------------------------------------------------------------------
        \1171\ 22 U.S.C. 2431e.
    ---------------------------------------------------------------------------
              (2) Authorization of appropriations.--
                      (A) In general.--For the cost (as defined in
                    section 502(5) of the Federal Credit Reform Act
                    of 1990) for the reduction of any debt pursuant
                    to this section, there are authorized to be
                    appropriated to the President--
                              (i) $25,000,000 for fiscal year 1999;
                              (ii) $50,000,000 for fiscal year
                            2000; and
                              (iii) $50,000,000 for fiscal year
                            2001.
                      (B) Limitation.--The authority provided by
                    this section shall be available only to the
                    extent that appropriations for the cost (as
                    defined in section 502(5) of the Federal Credit
                    Reform Act of 1990) of the modification of any
                    debt pursuant to this section are made in
                    advance.
        (b) Implementation of Debt Reduction.--
              (1) In general.--Any debt reduction pursuant to
            subsection (a) shall be accomplished at the direction
            of the Facility by the exchange of a new obligation for
            obligations of the type referred to in subsection (a)
            outstanding as of the date specified in subsection
            (a)(1).
              (2) Exchange of obligations.--
                      (A) In general.--The Facility shall notify
                    the Commodity Credit Corporation of an
                    agreement entered into under paragraph (1) with
                    an eligible country to exchange a new
                    obligation for outstanding obligations.
                      (B) Additional requirement.--At the direction
                    of the Facility, the old obligations that are
                    the subject of the agreement shall be canceled
                    and a new debt obligation shall be established
                    for the country relating to the agreement, and
                    the Commodity Credit Corporation shall make an
                    adjustment in its accounts to reflect the debt
                    reduction.
        (c) Additional Terms and Conditions.--The following
    additional terms and conditions shall apply to the reduction of
    debt under subsection (a)(1) in the same manner as such terms
    and conditions apply to the reduction of debt under section
    604(a)(1) of the Agricultural Trade Development and Assistance
    Act of 1954 (7 U.S.C. 1738c):
              (1) The provisions relating to repayment of principal
            under section 605 of such Act.
              (2) The provisions relating to interest on new
            obligations under section 606 of such Act.

    SEC. 808.\1172\ AUTHORITY TO ENGAGE IN DEBT-FOR-NATURE SWAPS AND DEBT
                        BUYBACKS.

        (a) Loans and Credits Eligible for Sale, Reduction, or
    Cancellation.--
              (1) Debt-for-nature swaps.--
                      (A) In general.--Notwithstanding any other
                    provision of law, the President may, in
                    accordance with this section, sell to any
                    eligible purchaser described in subparagraph
                    (B) any concessional loans described in section
                    806(a)(1) or any credits described in section
                    807(a)(1), or on receipt of payment from an
                    eligible purchaser described in subparagraph
                    (B), reduce or cancel such loans (or credits)
                    or portion thereof, only for the purpose of
                    facilitating a debt-for-nature swap to support
                    eligible activities described in section
                    809(d).
    ---------------------------------------------------------------------------
        \1172\ 22 U.S.C. 2431f.
    ---------------------------------------------------------------------------
                      (B) Eligible purchaser described.--A loan or
                    credit may be sold, reduced, or canceled under
                    subparagraph (A) only to a purchaser who
                    presents plans satisfactory to the President
                    for using the loan or credit for the purpose of
                    engaging in debt-for-nature swaps to support
                    eligible activities described in section
                    809(d).
                      (C) Consultation requirement.--Before the
                    sale under subparagraph (A) to any eligible
                    purchaser described in subparagraph (B), or any
                    reduction or cancellation under such
                    subparagraph (A), of any loan or credit made to
                    an eligible country, the President shall
                    consult with the country concerning the amount
                    of loans or credits to be sold, reduced, or
                    canceled and their uses for debt-for-nature
                    swaps to support eligible activities described
                    in section 809(d).
                      (D) Authorization of appropriations.--For the
                    cost (as defined in section 502(5) of the
                    Federal Credit Reform Act of 1990) for the
                    reduction of any debt pursuant to subparagraph
                    (A), amounts authorized to appropriated under
                    sections 806(a)(2) and 807(a)(2) shall be made
                    available for such reduction of debt pursuant
                    to subparagraph (A).
              (2) Debt buybacks.--Notwithstanding any other
            provision of law, the President may, in accordance with
            this section, sell to any eligible country any
            concessional loans described in section 806(a)(1) or
            any credits described in section 807(a)(1), or on
            receipt of payment from an eligible country, reduce or
            cancel such loans (or credits) or portion thereof, only
            for the purpose of facilitating a debt buyback by an
            eligible country of its own qualified debt, only if the
            eligible country uses an additional amount of the local
            currency of the eligible country, equal to not less
            than the lessor of 40 percent of the price paid for
            such debt by such eligible country, or the difference
            between the price paid for such debt and the face value
            of such debt, to support eligible activities described
            in section 809(d).
              (3) Limitation.--The authority provided by paragraphs
            (1) and (2) shall be available only to the extent that
            appropriations for the cost (as defined in section
            502(5) of the Federal Credit Reform Act of 1990) of the
            modification of any debt pursuant to such paragraphs
            are made in advance.
              (4) Terms and conditions.--Notwithstanding any other
            provision of law, the President shall, in accordance
            with this section, establish the terms and conditions
            under which loans and credits may be sold, reduced, or
            canceled pursuant to this section.
              (5) Administration.--
                      (A) In general.--The Facility shall notify
                    the administrator of the agency primarily
                    responsible for administering part I of this
                    Act or the Commodity Credit Corporation, as the
                    case may be, of eligible purchasers described
                    in paragraph (1)(B) that the President has
                    determined to be eligible under paragraph (1),
                    and shall direct such agency or Corporation, as
                    the case may be, to carry out the sale,
                    reduction, or cancellation of a loan pursuant
                    to such paragraph.
                      (B) Additional requirement.--Such agency or
                    Corporation, as the case may be, shall make an
                    adjustment in its accounts to reflect the sale,
                    reduction, or cancellation.
        (b) Deposit of Proceeds.--The proceeds from the sale,
    reduction, or cancellation of any loan sold, reduced, or
    canceled pursuant to this section shall be deposited in the
    United States Government account or accounts established for
    the repayment of such loan.

    SEC. 809.\1173\ TROPICAL FOREST AGREEMENT.

        (a) Authority.--
              (1) In general.--The Secretary of State is
            authorized, in consultation with other appropriate
            officials of the Federal Government, to enter into a
            Tropical Forest Agreement with any eligible country
            concerning the operation and use of the Fund for that
            country.
    ---------------------------------------------------------------------------
        \1173\ 22 U.S.C. 2431g.
    ---------------------------------------------------------------------------
              (2) Consultation.--In the negotiation of such an
            Agreement, the Secretary shall consult with the Board
            in accordance with section 811.
        (b) Contents of Agreement.--The requirements contained in
    section 708(b) of this Act (relating to contents of an
    agreement) shall apply to an Agreement in the same manner as
    such requirements apply to an Americas Framework Agreement.
        (c) Administering Body.--
              (1) In general.--Amounts disbursed from the Fund in
            each beneficiary country shall be administered by a
            body constituted under the laws of that country.
              (2) Composition.--
                      (A) In general.--The administering body shall
                    consist of--
                              (i) one or more individuals appointed
                            by the United States Government;
                              (ii) one or more individuals
                            appointed by the government of the
                            beneficiary country; and
                              (iii) individuals who represent a
                            broad range of--
                                      (I) environmental
                                    nongovernmental organizations
                                    of, or active in, the
                                    beneficiary country;
                                      (II) local community
                                    development nongovernmental
                                    organizations of the
                                    beneficiary country; and
                                      (III) scientific, academic,
                                    or forestry organizations of
                                    the beneficiary country.
                      (B) Additional requirement.--A majority of
                    the members of the administering body shall be
                    individuals described in subparagraph (A)(iii).
              (3) Responsibilities.--The requirements contained in
            section 708(c)(3) of this Act (relating to
            responsibilities of the administering body) shall apply
            to an administering body described in paragraph (1) in
            the same manner as such requirements apply to an
            administering body described in section 708(c)(1) of
            this Act.
        (d) Eligible Activities.--Amounts deposited in a Fund shall
    be used only to provide grants to conserve, maintain, and
    restore the tropical forests in the beneficiary country,
    through one or more of the following activities:
              (1) Establishment, restoration, protection, and
            maintenance of parks, protected areas, and reserves.
              (2) Development and implementation of scientifically
            sound systems of natural resource management, including
            land and ecosystem management practices.
              (3) Training programs to increase the scientific,
            technical, and managerial capacities of individuals and
            organizations involved in conservation efforts.
              (4) Restoration, protection, or sustainable use of
            diverse animal and plant species.
              (5) Research and identification of medicinal uses of
            tropical forest plant life to treat human diseases,
            illnesses, and health related concerns.
              (6) Development and support of the livelihoods of
            individuals living in or near a tropical forest in a
            manner consistent with protecting such tropical forest.
        (e) Grant Recipients.--
              (1) In general.--Grants made from a Fund shall be
            made to--
                      (A) nongovernmental environmental, forestry,
                    conservation, and indigenous peoples
                    organizations of, or active in, the beneficiary
                    country;
                      (B) other appropriate local or regional
                    entities of, or active in, the beneficiary
                    country; or
                      (C) in exceptional circumstances, the
                    government of the beneficiary country.
              (2) Priority.--In providing grants under paragraph
            (1), priority shall be given to projects that are run
            by nongovernmental organizations and other private
            entities and that involve local communities in their
            planning and execution.
        (f) Review of Larger Grants.--Any grant of more than
    $100,000 from a Fund shall be subject to veto by the Government
    of the United States or the government of the beneficiary
    country.
        (g) Eligibility Criteria.--In the event that a country
    ceases to meet the eligibility requirements set forth in
    section 805(a), as determined by the President pursuant to
    section 805(b), then grants from the Fund for that country may
    only be made to nongovernmental organizations until such time
    as the President determines that such country meets the
    eligibility requirements set forth in section 805(a).

    SEC. 810.\1174\ TROPICAL FOREST FUND.

        (a) Establishment.--Each beneficiary country that enters
    into a Tropical Forest Agreement under section 809 shall be
    required to establish a Tropical Forest Fund to receive
    payments of interest on new obligations undertaken by the
    beneficiary country under this part.
    ---------------------------------------------------------------------------
        \1174\ 22 U.S.C. 2431h.
    ---------------------------------------------------------------------------
        (b) Requirements Relating to Operation of Fund.--The
    following terms and conditions shall apply to the Fund in the
    same manner as such terms as conditions apply to an Enterprise
    for the Americas Fund under section 707 of this Act:
              (1) The provision relating to deposits under
            subsection (b) of such section.
              (2) The provision relating to investments under
            subsection (c) of such section.
              (3) The provision relating to disbursements under
            subsection (d) of such section.

    SEC. 811.\1175\ BOARD.

        (a) Enterprise for the Americas Board.--The Enterprise for
    the Americas Board established under section 610(a) of the
    Agricultural Trade Development and Assistance Act of 1954 (7
    U.S.C. 1738i(a)) shall, in addition to carrying out the
    responsibilities of the Board under section 610(c) of such Act,
    carry out the duties described in subsection (c) of this
    section for the purposes of this part.
    ---------------------------------------------------------------------------
        \1175\ 22 U.S.C. 2431i.
    ---------------------------------------------------------------------------
        (b) Additional Membership.--
              (1) In general.--The Enterprise for the Americas
            Board shall be composed of an additional four members
            appointed by the President as follows:
                      (A) Two representatives from the United
                    States Government, including a representative
                    of the International Forestry Division of the
                    United States Forest Service.
                      (B) Two representatives from private
                    nongovernmental environmental, scientific,
                    forestry, or academic organizations with
                    experience and expertise in preservation,
                    maintenance, sustainable uses, and restoration
                    of tropical forests.
              (2) Chairperson.--Notwithstanding section 610(b)(2)
            of the Agricultural Trade Development and Assistance
            Act of 1954 (7 U.S.C. 1738i(b)(2)), the Enterprise for
            the Americas Board shall be headed by a chairperson who
            shall be appointed by the President from among the
            representatives appointed under section 610(b)(1)(A) of
            such Act or paragraph (1)(A) of this subsection.
        (c) Duties.--The duties described in this subsection are as
    follows:
              (1) Advise the Secretary of State on the negotiations
            of Tropical Forest Agreements.
              (2) Ensure, in consultation with--
                      (A) the government of the beneficiary
                    country;
                      (B) nongovernmental organizations of the
                    beneficiary country;
                      (C) nongovernmental organizations of the
                    region (if appropriate);
                      (D) environmental, scientific, forestry, and
                    academic leaders of the beneficiary country;
                    and
                      (E) environmental, scientific, forestry, and
                    academic leaders of the region (as
                    appropriate), that a suitable administering
                    body is identified for each Fund.
              (3) Review the programs, operations, and fiscal
            audits of each administering body.

    SEC. 812.\1176\ CONSULTATIONS WITH THE CONGRESS.

        The President shall consult with the appropriate
    congressional committees on a periodic basis to review the
    operation of the Facility under this part and the eligibility
    of countries for benefits from the Facility under this part.
    ---------------------------------------------------------------------------
        \1176\ 22 U.S.C. 2431j.
    ---------------------------------------------------------------------------

    SEC. 813.\1177\ ANNUAL REPORTS TO THE CONGRESS.

        (a) In General.--Not later than December 31 of each year,
    the President shall prepare and transmit to the Congress an
    annual report concerning the operation of the Facility for the
    prior fiscal year. Such report shall include--
    ---------------------------------------------------------------------------
        \1177\ 22 U.S.C. 2431k.
    ---------------------------------------------------------------------------
              (1) a description of the activities undertaken by the
            Facility during the previous fiscal year;
              (2) a description of any Agreement entered into under
            this part;
              (3) a report on any Funds that have been established
            under this part and on the operations of such Funds;
            and
              (4) a description of any grants that have been
            provided by administering bodies pursuant to Agreements
            under this part.
        (b) Supplemental Views in Annual Report.--Not later than
    December 15 of each 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 part by December 31 for inclusion in the annual report
    when it is transmitted to Congress pursuant to this section.

                         b. The Arms Export Control Act

                                    CONTENTS

                                                                       Page

    Chapter 1--Foreign and National Security Policy Objectives and
      Restraints.....................................................   368
        Section 1--The Need for International Defense Cooperation and
          Military Export Controls...................................   368
        Section 2--Coordination With Foreign Policy..................   370
        Section 3--Eligibility.......................................   371
        Section 4--Purposes for Which Military Sales by the United
          States Are Authorized......................................   378
        Section 5--Prohibition Against Discrimination................   379
        Section 6--Foreign Intimidation and Harassment of Individuals
          in the United States.......................................   380
    Chapter 2--Foreign Military Sales Authorizations.................   381
        Section 21--Sales From Stocks................................   381
        Section 22--Procurement for Cash Sales.......................   389
        Section 23--Credit Sales.....................................   391
        Section 24--Guaranties.......................................   395
        Section 25--Annual Estimate and Justification for Sales
          Program....................................................   397
        Section 26--Security Assistance Surveys......................   400
        Section 27--Authority of President to Enter into Cooperative
          Projects with Friendly Foreign Countries...................   400
    Chapter 2A--Foreign Military Construction Sales..................   404
        Section 29--Foreign Military Construction Sales..............   404
    Chapter 2B--Sales to United States Companies for Incorporation
      Into End Items.................................................   404
        Section 30--General Authority................................   404
    Chapter 2C--Exchange of Training and Related Support.............   405
        Section 30A--Exchange of Training and Related Support........   405
    Chapter 3--Military Export Controls..............................   406
        Section 31--Authorization and Aggregate Ceiling on Foreign
          Military Sales Credits.....................................   406
        Section 33--Restraint in Arms Sales to Sub-Saharan Africa....   409
        Section 34--Foreign Military Sales Credit Standards..........   409
        Section 35--Foreign Military Sales to Less Developed
          Countries..................................................   409
        Section 36--Reports on Commercial and Governmental Military
          Exports; Congressional Action..............................   410
        Section 37--Fiscal Provisions Relating to Foreign Military
          Sales Credits..............................................   410
        Section 38--Control of Arms Exports and Imports..............   424
        Section 39--Fees of Military Sales Agents and Other Payments.   434
        Section 39A--Prohibition on Incentive Payments...............   435
        Section 40--Transactions With Countries Supporting Acts of
          International Terrorism....................................   437
        Section 40A--Transactions With Countries Not Fully
          Cooperating With United States Antiterrorism Efforts.......   444
    Chapter 3A--End-Use Monitoring of Defense Articles and Defense
      Services.......................................................   444
        Section 40A End-Use Monitoring of Defense Articles and
          Defense Services...........................................   444
    Chapter 4--General, Administrative, and Miscellaneous Provisions.   445
        Section 41--Effective Date...................................   445
        Section 42--General Provisions...............................   445
        Section 43--Administrative Expenses..........................   447
        Section 44--Statutory Construction...........................   448
        Section 45--Statutes Repealed and Amended....................   448
        Section 46--Savings Provisions...............................   449
        Section 47--Definitions......................................   449
    Chapter 5--Special Defense Acquisition Fund......................   450
        Section 51--Special Defense Acquisition Fund.................   450
        Section 52--Use and Transfer of Items Procured by the Fund...   452
    Chapter 6--Leases of Defense Articles and Loan Authority for
      Cooperative Research and Development Purposes..................   453
        Section 61--Leasing Authority................................   453
        Section 62--Reports to the Congress..........................   454
        Section 63--Legislative Review...............................   455
        Section 64--Application of Other Provisions of Law...........   456
        Section 65--Loan of Materials, Supplies, and Equipment for
          Research and Development Purposes..........................   456
    Chapter 7--Control of Missiles and Missile Equipment Technology..   457
        Section 71--Licensing........................................   457
        Section 72--Denial of the Transfer of Missile Equipment or
          Technology by United States Persons........................   458
        Section 73--Transfers of Missile Equipment or Technology by
          Foreign Persons............................................   460
        Section 73A--Notification of Admittance of MTCR Adherents....   464
        Section 73B--Authority Relating to MTCR Adherents............   464
        Section 74--Definitions......................................   464
    Chapter 8--Chemical or Biological Weapons Proliferation..........   466
        Section 81--Sanctions Against Certain Foreign Persons........   466
    Chapter 9--Transfer of Certain CFE Treaty-Limited Equipment to
      NATO Members...................................................   469
        Section 91--Purpose..........................................   469
        Section 92--CFE Treaty Obligations...........................   469
        Section 93--Authorities......................................   470
        Section 94--Notifications and Reports to Congress............   471
        Section 95--Definitions......................................   471
    Chapter 10--Nuclear Nonproliferation Controls....................   472
        Section 101--Nuclear Enrichment Transfers....................   472
        Section 102--Nuclear Reprocessing Transfers, Illegal Exports
          for Nuclear Explosive Devices, Transfers of Nuclear
          Explosive Devices, and Nuclear Detonations.................   473
        Section 103--Definition of Nuclear Explosive Device..........   479
                         b. The Arms Export Control Act

    Public Law 90-629 [H.R. 15681], 82 Stat. 1320, approved October 22,
        1968, as amended by Public Law 91-672 [H.R. 15628], 84 Stat. 2053,
        approved January 12, 1971; Public Law 92-226 [Foreign Assistance
        Act of 1971, S. 2819], 86 Stat. 20, 32, approved February 7, 1972;
        Public Law 93-189 [Foreign Assistance Act of 1973, S. 1443], 87
        Stat. 714, approved December 17, 1973; Public Law 93-559 [Foreign
        Assistance Act of 1974, S. 3394], 88 Stat. 1795, 1813, approved
        December 31, 1974; Public Law 94-329 [International Security
        Assistance and Arms Export Control Act of 1976, H.R. 13680], 90
        Stat. 729, approved June 30, 1976; Public Law 95-92 [International
        Security Assistance Act of 1977, H.R. 6884], 91 Stat. 614, approved
        August 4, 1977; Public Law 95-105 [Foreign Relations Authorization
        Act, Fiscal Year 1978; H.R. 6689], 91 Stat. 844 at 846, approved
        August 17, 1977; Public Law 95-384 [International Security
        Assistance Act of 1978, S. 3075], 92 Stat. 730, approved September
        26, 1978; Public Law 96-70 [Panama Canal Act of 1979; H.R. 111], 93
        Stat. 452 at 499, approved September 27, 1979; Public Law 96-72
        [Export Administration Act of 1979, S. 737], 93 Stat. 503 at 535,
        approved September 29, 1979; Public Law 96-92 [International
        Security Assistance Act of 1979; H.R. 3173], 93 Stat. 701, approved
        October 29, 1979; Public Law 96-533 [International Security and
        Development Cooperation Act of 1980; H.R. 6942], 94 Stat. 3131,
        approved December 16, 1980; Public Law 97-113 [International
        Security and Development Cooperation Act of 1981; S. 1196], 95
        Stat. 1519, approved December 29, 1981; Public Law 97-392 [H.R.
        6758], 96 Stat. 1962, approved December 29, 1982; Public Law 98-151
        [Further Continuing Appropriations, 1984; H.J. Res. 413], 97 Stat.
        964, approved November 14, 1983; Public Law 98-473 [Continuing
        Appropriations Act, 1985; H.J. Res. 648], 98 Stat. 1837, approved
        October 12, 1984; Public Law 99-64 [Export Administration
        Amendments Act of 1985, S. 883], 99 Stat. 156, approved July 12,
        1985; Public Law 99-83 [International Security and Development
        Cooperation Act of 1985, S. 960], 99 Stat. 190, approved August 8,
        1985; Public Law 99-139 [Act to amend Sec. 51(b) of the Arms Export
        Control Act, S. 1726], 99 Stat. 562, approved October 30, 1985;
        Public Law 99-247 [Act to amend the Arms Export Control Act to
        require that congressional vetoes of certain arms export proposals
        be enacted into law, S. 1831], 100 Stat. 9, approved February 12,
        1986; Public Law 99-399 [Omnibus Diplomatic Security and
        Antiterrorism Act of 1986; H.R. 4151], 100 Stat. 853, approved
        August 27, 1986; Public Law 99-433 [Department of Defense
        Reorganization Act of 1986, H.R. 3622], 100 Stat. 992, approved
        October 1, 1986; Public Law 99-591 [Continuing Appropriations Act,
        1987; H.J. Res. 738], 100 Stat. 3341, approved October 30, 1986;
        Public Law 99-661 [National Defense Authorization Act for Fiscal
        Year 1987, S. 2638], 100 Stat. 3816, approved November 14, 1986;
        Public Law 100-71 [Supplemental Appropriations Act, 1987; H.R.
        1827], 101 Stat. 391, approved July 11, 1987; Public Law 100-202
        [Continuing Appropriations Act, 1988; H.J. Res. 395], 101 Stat.
        1329, approved December 22, 1987; Public Law 100-204 [Foreign
        Relations Authorization Act, 1988 and 1989; H.R. 1777], 101 Stat.
        1331, approved December 22, 1987; Public Law 100-456 [National
        Defense Authorization Act, 1989; H.R. 4481], 102 Stat. 1918,
        approved September 29, 1988; Public Law 100-461 [Foreign
        Operations, Export Financing, and Related Programs Appropriations
        Act, 1989; H.R. 4637], 102 Stat. 2268, approved October 1, 1988;
        Public Law 101-165 [Department of Defense Appropriations Act, 1990;
        H.R. 3072], 103 Stat. 1112, approved November 21, 1989; Public Law
        101-167 [Foreign Operations, Export Financing, and Related Programs
        Appropriations Act, 1990; H.R. 3743], 103 Stat. 1195, approved
        November 21, 1989; Public Law 101-222 [Anti-Terrorism and Arms
        Export Amendments Act of 1989, H.R. 91], 103 Stat. 1892, approved
        December 12, 1989; Public Law 101-231 [International Narcotics
        Control Act of 1989, H.R. 3611], 103 Stat. 1954, approved December
        13, 1989; Public Law 101-510 [National Defense Authorization for
        Fiscal Year 1991, H.R. 4739], 104 Stat. 1485, approved November 5,
        1990; Public Law 101-513 [Foreign Operations, Export Financing, and
        Related Programs Appropriations Act, 1991; H.R. 5114], 104 Stat.
        1979, approved November 5, 1990; Public Law 102-25 [Persian Gulf
        Conflict Supplemental Authorization and Personnel Benefits Act of
        1991; S. 725], 105 Stat. 75, approved April 6, 1991; Public Law
        102-138 [Foreign Relations Authorization Act, Fiscal Years 1992 and
        1993; H.R. 1415], 105 Stat. 647, approved October 28, 1991; Public
        Law 102-182 [title III--Chemical and Biological Weapons Control and
        Warfare Elimination Act of 1991; H.R. 1724], 105 Stat. 1233 at
        1245; approved December 4, 1991; sec. 545 of H.R. 2621 as passed by
        the House on June 19, 1991, enacted by reference in Public Law 102-
        145 [H.J. Res. 360; 105 Stat. 968, approved October 28, 1991;
        Public Law 102-228 [Conventional Forces in Europe Treaty
        Implementation Act of 1991; H.R. 3807], 105 Stat. 1691, approved
        December 12, 1991; Public Law 102-391 [Foreign Operations, Export
        Financing, and Related Programs Appropriations Act, 1993; H.R.
        5368], 106 Stat. 1633, approved October 6, 1992; Public Law 102-429
        [Export Enhancement Act of 1992; H.R. 5739], 106 Stat. 2186,
        approved October 21, 1992; Public Law 102-484 [National Defense
        Authorization Act for Fiscal Year 1993, H.R. 5006], 106 Stat. 2315,
        approved October 23, 1992; Public Law 102-583 [International
        Narcotics Control Act of 1992; H.R. 6187], 106 Stat. 4914, approved
        November 2, 1992; Public Law 103-87 [Foreign Operations, Export
        Financing, and Related Programs Appropriations Act, 1994; H.R.
        2295], 107 Stat. 931, approved September 30, 1993; Public Law 103-
        199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December
        17, 1993; Public Law 103-236 [Foreign Relations Authorization Act,
        Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved
        April 30, 1994; Public Law 103-306 [Foreign Operations, Export
        Financing, and Related Programs Appropriations Act, 1995; H.R.
        4426], 108 Stat. 1608, approved August 23, 1994; Public Law 103-437
        [United States Code Technical Amendments; H.R. 4777], 108 Stat.
        4581, approved November 2, 1994; Public Law 104-99 [Foreign
        Operations, Export Financing, and Related Programs Appropriations
        Act, 1996; H.R. 1868], enacted by reference in section 301 of H.R.
        2880, 110 Stat. 26, approved January 26, 1996, enacted again as
        Public Law 104-107 [H.R. 1868], 110 Stat. 755, approved February
        12, 1996; Public Law 104-106 [National Defense Authorization Act
        for Fiscal Year 1996; S. 1124], 110 Stat. 186, approved February
        10, 1996; Public Law 104-132 [Antiterrorism and Effective Death
        Penalty Act of 1996; S. 735], 110 Stat. 1214, approved April 24,
        1996; Public Law 104-164 [H.R. 3121], 110 Stat. 1421, approved July
        21, 1996; Public Law 104-201 [National Defense Authorization Act
        for Fiscal Year 1997, H.R. 3230], 110 Stat. 2422, approved
        September 23, 1996; Public Law 104-208 [Omnibus Consolidated
        Appropriations Act, 1997; H.R. 3610], 110 Stat. 3009, approved
        September 30, 1996; Public Law 105-118 [Foreign Operations, Export
        Financing, and Related Programs Appropriations Act, 1998; H.R.
        2159], 111 Stat. 2386, approved November 26, 1997; Public Law 105-
        194 [Agriculture Export Relief Act of 1998; S. 2282], 112 Stat.
        627, approved July 14, 1998; Public Law 105-277 [Foreign
        Operations, Export Financing, and Related Programs Appropriations
        Act, 1999; and Foreign Affairs Agencies Consolidation Act of 1998;
        H.R. 4328], 112 Stat. 2681, approved October 21, 1998; Public Law
        106-113 [Arms Control, Nonproliferation, and Security Assistance
        Act of 1999; division B of H.R. 3427, enacted by reference in sec.
        1000(a)(7) of Consolidated Appropriations Act for Fiscal Year 2000;
        H.R. 3194], 113 Stat. 1501, approved November 29, 1999; Public Law
        106-113 [Arms Control and Nonproliferation Act of 1999; title XI of
        H.R. 3427, enacted by reference in sec. 1000(a)(7) of Consolidated
        Appropriations Act for Fiscal Year 2000; H.R. 3194], 113 Stat.
        1501, approved November 29, 1999; Public Law 106-113 [Security
        Assistance Act of 1999; title XII of H.R. 3427, enacted by
        reference in sec. 1000(a)(7) of Consolidated Appropriations Act for
        Fiscal Year 2000; H.R. 3194], 113 Stat. 1501, approved November 29,
        1999; Public Law 106-113 [Defense Offsets Disclosure Act of 1999;
        subtitle D, title XII of H.R. 3427, enacted by reference in sec.
        1000(a)(7) of Consolidated Appropriations Act for Fiscal Year 2000;
        H.R. 3194], 113 Stat. 1501, approved November 29, 1999; and by
        Public Law 106-280 [Security Assistance Act of 2000; H.R. 4919],
        114 Stat. 845, approved October 6, 2000

        AN ACT To consolidate and revise foreign assistance legislation
                   relating to reimbursable military exports.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Arms Export Control Act''.\1\
    ---------------------------------------------------------------------------
        \1\ The new title, ``Arms Export Control Act,'' was added in lieu
    of ``The Foreign Military Sales Act'' by sec. 201 of the International
    Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
    329; 90 Stat. 734). Sec. 201 further stated that ``any reference to the
    Foreign Military Sales Act shall be deemed to be a reference to the
    Arms Export Control Act.''.
    ---------------------------------------------------------------------------

        Chapter 1--FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND
                                   RESTRAINTS

        Section 1.\2\ The Need for International Defense
    Cooperation and Military Export Controls.--As declared by the
    Congress in the Arms Control and Disarmament Act, an ultimate
    goal of the United States continues to be a world which is free
    from the scourge of war and the dangers and burdens of
    armaments; in which the use of force has been subordinated to
    the rule of law; and in which international adjustments to a
    changing world are achieved peacefully. In furtherance of that
    goal, it remains the policy of the United States to encourage
    regional arms control and disarmament agreements and to
    discourage arms races.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2751. See also sec. 1097 of the National Defense
    Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190;
    105 Stat. 1489), relating to an annual report on the proliferation of
    missiles and essential components of nuclear, biological, and chemical
    weapons; sec. 1605 of the National Defense Authorization Act for Fiscal
    Year 1994 (Public Law 103-160; 107 Stat. 1845), establishing the Joint
    Committee for Review of Counterproliferation Programs of the United
    States; sec. 1503 of the National Defense Authorization Act for Fiscal
    Year 1995 (Public Law 103-337; 108 Stat. 2916), relating to a report of
    the findings of the Counterproliferation Program Review Committee, in
    Legislation on Foreign Relations Through 2000, vol. I-B.
        See also sec. 564 of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1994 (Public Law 103-236; 108 Stat. 484) relating
    to prohibiting sales and leases to those participating in or supporting
    the Arab boycott of Israel, in Legislation on Foreign Relations Through
    2000, vol. II.
        Sec. 154 of Public Law 104-164 (110 Stat. 1440) provided the
    following:
        ``SEC. 154. ELIGIBILITY OF PANAMA UNDER THE ARMS EXPORT CONTROL
    ACT.
        ``The Government of the Republic of Panama shall be eligible to
    purchase defense articles and services under the Arms Export Control
    Act (22 U.S.C. 2751 et seq.), except as otherwise specifically provided
    by law.''.
    ---------------------------------------------------------------------------
        The Congress recognizes, however, that the United States
    and other free and independent countries continue to have valid
    requirements for effective and mutually beneficial defense
    relationships in order to maintain and foster the environment
    of international peace and security essential to social,
    economic, and political progress. Because of the growing cost
    and complexity of defense equipment, it is increasingly
    difficult and uneconomic for any country, particularly a
    developing country, to fill all of its legitimate defense
    requirements from its own design and production base. The need
    for international defense cooperation among the United States
    and those friendly countries to which it is allied by mutual
    defense treaties is especially important, since the
    effectiveness of their armed forces to act in concert to deter
    or defeat aggression is directly related to the operational
    compatibility of their defense equipment.
        Accordingly, it remains the policy of the United States to
    facilitate the common defense by entering into international
    arrangements with friendly countries which further the
    objective of applying agreed resources of each country to
    programs and projects of cooperative exchange of data,
    research, development, production, procurement, and logistics
    support to achieve specific national defense requirements and
    objectives of mutual concern. To this end, this Act authorizes
    sales by the United States Government to friendly countries
    having sufficient wealth to maintain and equip their own
    military forces at adequate strength, or to assume
    progressively larger shares of the costs thereof, without undue
    burden to their economies, in accordance with the restraints
    and control measures specified herein and in furtherance of the
    security objectives of the United States and of the purposes
    and principles of the United Nations Charter.
        It is the sense of the Congress that all such sales be
    approved only when they are consistent with the foreign policy
    interests of the United States, the purposes of the foreign
    assistance program of the United States as embodied in the
    Foreign Assistance Act of 1961, as amended, the extent and
    character of the military requirement, and the economic and
    financial capability of the recipient country, with particular
    regard being given, where appropriate, to proper balance among
    such sales, grant military assistance, and economic assistance
    as well as to the impact of the sales on programs of social and
    economic development and on existing or incipient arms
    races.\3\
    ---------------------------------------------------------------------------
        \3\ A paragraph, as amended by sec. 4 of Public Law 91-672 and
    which had previously appeared at this point, was repealed by sec.
    734(a)(10) of the International Security and Development Cooperation
    Act of 1981 (Public Law 97-113; 95 Stat. 1560). It formerly read as
    follows:
        ``It is further the sense of Congress that sales and guaranties
    under sections 21, 22, 23, and 24, shall not be approved where they
    would have the effect of arming military dictators who are denying the
    growth of fundamental rights or social progress to their own people:
    Provided, That the President may waive this limitation when he
    determines it would be important to the security of the United States,
    and promptly so reports to the Speaker of the House of Representatives
    and the Committee on Foreign Relations in the Senate.''.
    ---------------------------------------------------------------------------
        It shall be the policy of the United States to exert
    leadership in the world community to bring about arrangements
    for reducing the international trade in implements of war and
    to lessen the danger of outbreak of regional conflict and the
    burdens of armaments. United States programs for or procedures
    governing the export, sale, and grant of defense articles and
    defense services to foreign countries and international
    organizations shall be administered in a manner which will
    carry out this policy.
        It is the sense of the Congress that the President should
    seek to initiate multilateral discussions for the purpose of
    reaching agreements among the principal arms suppliers and arms
    purchasers and other countries with respect to the control of
    the international trade in armaments. It is further the sense
    of Congress that the President should work actively with all
    nations to check and control the international sale and
    distribution of conventional weapons of death and destruction
    and to encourage regional arms control arrangements. In
    furtherance of this policy, the President should undertake a
    concerted effort to convene an international conference of
    major arms-supplying and arms-purchasing nations which shall
    consider measures to limit conventional arms transfers in the
    interest of international peace and stability.
        It is the sense of the Congress that the aggregate value of
    defense articles and defense services--
              (1) which are sold under section 21 or section 22 of
            this Act; or
              (2) which are licensed or approved for export under
            section 38 of this Act to, for the use, or for benefit
            of the armed forces, police, intelligence, or other
            internal security forces of a foreign country or
            international organization under a commercial sales
            contract;
    in any fiscal year should not exceed current levels.\4\
    ---------------------------------------------------------------------------
        \4\ Sec. 202(a) of the International Security Assistance and Arms
    Export Control Act of 1976 (Public Law 94-329; 90 Stat. 734) amended
    sec. 1 by striking out the last paragraph and adding the language
    beginning with ``It shall be the policy of the United States''. The
    last paragraph of sec. 1 formerly read as follows: ``In order to reduce
    the role of the United States Government in the furnishing of defense
    articles and defense services to foreign countries and international
    organizations, and return such transactions to commercial channels, the
    United States Government shall reduce its sales, credit sales, and
    guaranties of such articles, and defense services as soon as, and to
    the maximum extent, practicable.''.
    ---------------------------------------------------------------------------
        It is the sense of the Congress that the President maintain
    adherence to a policy of restraint in conventional arms
    transfers and that, in implementing this policy worldwide, a
    balanced approach should be taken and full regard given to the
    security interests of the United States in all regions of the
    world and that particular attention should be paid to
    controlling the flow of conventional arms to the nations of the
    developing world. To this end, the President is encouraged to
    continue discussions with other arms suppliers in order to
    restrain the flow of conventional arms to less developed
    countries.\5\
    ---------------------------------------------------------------------------
        \5\ This paragraph was added by sec. 15(a) of the International
    Security Assistance Act of 1978 (92 Stat. 739). Sec. 15(b) of the same
    Act required a report from the President to the Congress by December
    31, 1979, concerning the implications of the multilateral discussions
    referred to in the paragraph.
    ---------------------------------------------------------------------------
        Sec. 2.\6\ Coordination With Foreign Policy.--(a) Nothing
    contained in this Act shall be construed to infringe upon the
    powers or functions of the Secretary of State.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 2752. See also Presidential determinations, in notes
    at section 38.
    ---------------------------------------------------------------------------
        (b) \7\ Under the direction of the President, the Secretary
    of State (taking into account other United States activities
    abroad, such as military assistance, economic assistance, and
    food for peace program) shall be responsible for the continuous
    supervision and general direction of sales, leases, financing,
    cooperative projects, and exports under this Act, including,
    but not limited to, determining--
    ---------------------------------------------------------------------------
        \7\ Subsec. (b) was amended and restated by sec. 115(b) of Public
    Law 99-83 (99 Stat. 201). It previously read as follows:
        ``(b) Under the direction of the President, the Secretary of State,
    taking into account other United States activities abroad, such as
    military assistance, economic assistance, and food for freedom, shall
    be responsible for the continuous supervision and general direction of
    sales, leases, and exports under this Act, including, but not limited
    to, determining whether there shall be a sale to a country and the
    amount thereof, whether there shall be a lease to a country, and
    whether there shall be delivery or other performance under such sale,
    lease, or export, to the end that sales, leases, and exports are
    integrated with other United States activities and the foreign policy
    of the United States is best served thereby.''.
    ---------------------------------------------------------------------------
              (1) whether there will be a sale to or financing for
            a country and the amount thereof;
              (2) whether there will be a lease to a country;
              (3) whether there will be a cooperative project and
            the scope thereof; and
              (4) whether there will be delivery or other
            performance under the sale, lease, cooperative project,
            or export,
    to the end that sales, financing, leases, cooperative projects,
    and exports will be integrated with other United States
    activities and to the end that the foreign policy of the United
    States would be best served thereby.
        (c) The President shall prescribe appropriate procedures to
    assure coordination among representatives of the United States
    Government in each country, under the leadership of the Chief
    of the United States Diplomatic Mission. The Chief of the
    diplomatic mission shall make sure that recommendations of such
    representatives pertaining to sales are coordinated with
    political and economic considerations, and his comments shall
    accompany such recommendations if he so desires.
        Sec. 3.\8\ Eligibility.--(a) No defense article or defense
    service shall be sold or leased \9\ by the United States
    Government under this Act to any country or international
    organization,\10\ and no agreement shall be entered into for a
    cooperative project (as defined in section 27 of this Act),
    unless--
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 2753. Sec. 906 of the FREEDOM Support Act (Public Law
    102-511; 106 Stat. 3356) provided the following:
        ``SEC. 906. ELIGIBILITY OF BALTIC STATES FOR NONLETHAL DEFENSE
    ARTICLES.
        ``(a) Eligibility.--Estonia, Latvia, and Lithuania shall each be
    eligible--
    ---------------------------------------------------------------------------

              ``(1) to purchase, or to receive financing for the purchase
            of, nonlethal defense articles--

                      ``(A) under the Arms Export Control Act (22 U.S.C.
                    2751 et seq.), without regard to section 3(a)(1) of
                    that Act, or
                      ``(B) under section 503 of the Foreign Assistance Act
                    of 1961 (22 U.S.C. 2311), without regard to the
                    requirement in subsection (a) of that section for a
                    Presidential finding; and

              ``(2) to receive nonlethal excess defense articles
            transferred under section 519 of the Foreign Assistance Act of
            1961 (22 U.S.C. 2321m), without regard to the restrictions in
            subsection (a) of that section.
    ---------------------------------------------------------------------------
        ``(b) Definitions.--As used in this section--
    ---------------------------------------------------------------------------

              ``(1) the term `defense article' has the same meaning given
            to that term in section 47(3) of the Arms Export Control Act
            (22 U.S.C. 2794(3)); and
              ``(2) the term `excess defense article' has the same meaning
            given to that term in section 644(g) of the Foreign Assistance
            Act of 1961 (22 U.S.C. 2403(g)).''.
    ---------------------------------------------------------------------------
        \9\ The words ``or leased'' were added by sec. 109(b)(2)(A) of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1526).
        \10\ The words ``and no agreement * * * of this Act)'', were added
    by sec. 115(b)(2)(A) of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 201).
    ---------------------------------------------------------------------------
              (1) \11\ the President finds that the furnishing of
            defense articles and defense services to such country
            or international organization will strengthen the
            security of the United States and promote world peace;
    ---------------------------------------------------------------------------
        \11\ The President made no determinations pursuant to this sec. in
    1998-2000. In 1997, the President determined that the furnishing of
    defense articles and services to the Governments of Georgia, Kazakstan,
    Kyrgyzstan, Moldova, Turkmenistan, Russia, Ukraine, and Uzbekistan,
    would strengthen the security of the United States and promote world
    peace (Presidential Determination No. 97-19 of March 11, 1997; 62 F.R.
    13531).
        In 1995 and 1996, the President made similar determinations for
    Angola (Presidential Determination No. 95-32 of July 28, 1995; 60 F.R.
    40255), Mongolia (Presidential Determination No. 95-38 of August 22,
    1995; 60 F.R. 50069), Bosnia and Herzegovina (Presidential
    Determination No. 96-10 of February 23, 1996; 61 F.R. 8463), Slovenia,
    and the Former Yugoslav Republic of Macedonia (Presidential
    Determination No. 96-18 of March 8, 1996; 61 F.R. 11497).
    ---------------------------------------------------------------------------
              (2) the country or international organization shall
            have agreed not to transfer title to, or possession of,
            any defense article or related training or other
            defense service \12\ so furnished to it, or produced in
            a cooperative project (as defined in section 27 of this
            Act),\13\ to anyone not an officer, employee, or agent
            of that country or international organization (or the
            North Atlantic Treaty Organization or the specific
            member countries (other than the United States) in the
            case of a cooperative project) \14\ and not to use or
            permit the use of such article or related training or
            other defense service \12\ for purposes other than
            those for which furnished \15\ unless the consent of
            the President has first been obtained;
    ---------------------------------------------------------------------------
        \12\ Sec. 203(a) of the International Security Assistance and Arms
    Export Control Act of 1976 (Public Law 94-329; 90 Stat. 735) added the
    words ``or related training or other defense service''.
        \13\ Sec. 115(b)(2)(B)(i) of Public Law 99-83 (99 Stat. 201), added
    the words ``or produced * * * of this Act''.
        \14\ Sec. 115(b)(2)(B)(ii) of Public Law 99-83 (99 Stat. 201),
    added the words ``(or the North Atlantic Treaty Organization or the
    specific member countries (other than the United States) in the case of
    a cooperative project)''.
        \15\ Sec. 25(2) of the FA Act of 1973 struck out ``and'' at the end
    of par. (2) and added the words to this point beginning with ``and not
    to use or permit''.
    ---------------------------------------------------------------------------
              (3) \16\ the country or international organization
            shall have agreed that it will maintain the security of
            such article or service \17\ and will provide
            substantially the same degree of security protection
            afforded to such article or service \17\ by the United
            States Government; and
    ---------------------------------------------------------------------------
        \16\ Sec. 25(2)(B) of the FA Act of 1973 added par. (3) and
    redesignated former par. (3) as par. (4).
        \17\ The words ``or service'' were added by sec. 115(b)(2)(c) of
    Public Law 99-83 (99 Stat. 201). Sec. 1102(3)(C) of Public Law 99-145
    (99 Stat. 710) made this same amendment.
    ---------------------------------------------------------------------------
              (4) \16\ the country or international organization is
            otherwise eligible to purchase or lease \18\ defense
            articles or defense services.
    ---------------------------------------------------------------------------
        \18\ The words ``or lease'' were added by sec. 109(b)(2)(B) of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1526).
    ---------------------------------------------------------------------------
    In considering a request for approval of any transfer of any
    weapon, weapons system, munitions, aircraft, military boat,
    military vessel, or other implement of war to another country,
    the President shall not give his consent under paragraph (2) to
    the transfer unless the United States itself would transfer the
    defense article under consideration to that country.\19\ In
    addition, the President shall not give his consent under
    paragraph (2) to the transfer of any significant defense
    articles on the United States Munitions List unless the foreign
    country requesting consent to transfer agrees to demilitarize
    such defense articles prior to transfer, or the proposed
    recipient foreign country provides a commitment in writing to
    the United States Government that it will not transfer such
    defense articles, if not demilitarized, to any other foreign
    country or person without first obtaining the consent of the
    President.\20\ The President shall promptly submit a report to
    the Speaker of the House of Representatives and to the
    Committee on Foreign Relations of the Senate on the
    implementation of each agreement entered into pursuant to
    clause (2) of this subsection.
    ---------------------------------------------------------------------------
        \19\ Sec. 204(b)(1) of the International Security Assistance and
    Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 736)
    amended sec. 3 by striking out the following language after
    ``country'': ``, and prior to the date he intends to give his consent
    to the transfer, the President notifies the Speaker of the House of
    Representatives and the Committee on Foreign Relations of the Senate in
    writing of each such intended consent, the justification for giving
    such consent, the defense article for which he intends to give his
    consent to be so transferred, and the foreign country to which that
    defense article is to be transferred''.
        \20\ The words to this point, beginning with ``In considering a
    request for approval'' were added by sec. 25(2)(C) of the FA Act of
    1973.
    ---------------------------------------------------------------------------
        (b) \21\ The consent of the President under paragraph (2)
    of subsection (a) or under paragraph (1) of section 505(a) of
    the Foreign Assistance Act of 1961 (as it relates to
    subparagraph (B) of such paragraph) shall not be required for
    the transfer by a foreign country or international organization
    of defense articles sold by the United States under this Act
    if--
    ---------------------------------------------------------------------------
        \21\ Sec. 142 of Public Law 104-164 (110 Stat. 1433) inserted a new
    subsec. (b). Former subsec. (b), as amended by sec. 1 of Public Law 91-
    71, was repealed by sec. 15 of the International Security Assistance
    Act of 1977 (Public Law 95-92; 91 Stat. 622). It had concerned U.S.
    military assistance to a country which had seized an American fishing
    vessel outside a 12-mile limit.
    ---------------------------------------------------------------------------
              (1) such articles constitute components incorporated
            into foreign defense articles;
              (2) the recipient is the government of a member
            country of the North Atlantic Treaty Organization, the
            Government of Australia, the Government of Japan, or
            the Government of New Zealand;
              (3) the recipient is not a country designated under
            section 620A of the Foreign Assistance Act of 1961;
              (4) the United States-origin components are not--
                      (A) significant military equipment (as
                    defined in section 47(9));
                      (B) defense articles for which notification
                    to Congress is required under section 36(b);
                    and
                      (C) identified by regulation as Missile
                    Technology Control Regime items; and
                      (5) the foreign country or international
                    organization provides notification of the
                    transfer of the defense articles to the United
                    States Government not later than 30 days after
                    the date of such transfer.
        (c)(1)(A) \22\ No credits (including participations in
    credits) may be issued and no guaranties may be extended for
    any foreign country under this Act as hereinafter provided, if
    such country uses defense articles or defense services
    furnished under this Act, or any predecessor Act, in
    substantial violation (either in terms of quantities or in
    terms of the gravity of the consequences regardless of the
    quantities involved) of any agreement entered into pursuant to
    any such Act (i) by using such articles or services for a
    purpose not authorized under section 4 or, if such agreement
    provides that such articles or services may only be used for
    purposes more limited than those authorized under section 4 for
    a purpose not authorized under such agreement; (ii) by
    transferring such articles or services to, or permitting any
    use of such articles or services by, anyone not an officer,
    employee, or agent of the recipient country without the consent
    of the President; or (iii) by failing to maintain the security
    of such articles or services.
    ---------------------------------------------------------------------------
        \22\ Sec. 304(b)(1) of the International Security Assistance and
    Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 754)
    amended subsec. (c), which formerly read as follows:
        ``(c) Except as otherwise provided in subsection (d), any foreign
    country which hereafter uses defense articles or defense services
    furnished such country under this Act, in substantial violation of any
    provision of this Act or any agreement entered into under this Act,
    shall be immediately ineligible for further cash sales, credits, or
    guarantees.''.
    ---------------------------------------------------------------------------
        (B) No cash sales or deliveries pursuant to previous sales
    may be made with respect to any foreign country under this Act
    as hereinafter provided, if such country uses defense articles
    or defense services furnished under this Act, or any
    predecessor Act, in substantial violation (either in terms of
    quantity or in terms of the gravity of the consequences
    regardless of the quantities involved) of any agreement entered
    into pursuant to any such Act by using such articles or
    services for a purpose not authorized under section 4 or, if
    such agreement provides that such articles or services may only
    be used for purposes more limited than those authorized under
    section 4, for a purpose not authorized under such agreement.
        (2) The President shall report to the Congress promptly
    upon the receipt of information that a violation described in
    paragraph (1) of this subsection may have occurred.
        (3)(A) A country shall be deemed to be ineligible under
    subparagraph (A) of paragraph (1) of this subsection, or both
    subparagraphs (A) and (B) of such paragraph in the case of a
    violation described in both such paragraphs, if the President
    so determines and so reports in writing to the Congress, or if
    the Congress so determines by joint resolution.
        (B) Notwithstanding a determination by the President of
    ineligibility under subparagraph (B) of paragraph (1) of this
    subsection, cash sales and deliveries pursuant to previous
    sales may be made if the President certifies in writing to the
    Congress that a termination thereof would have significant
    adverse impact on United States security, unless the Congress
    adopts or has adopted a joint resolution pursuant to
    subparagraph (A) of this paragraph with respect to such
    ineligibility.
        (4) A country shall remain ineligible in accordance with
    paragraph (1) of this subsection until such time as--
              (A) the President determines that the violation has
            ceased; and
              (B) the country concerned has given assurances
            satisfactory to the President that such violation will
            not recur.
        (d) \23\ (1) \24\ The President may not give his consent
    under paragraph (2) of subsection (a) or under the third
    sentence of such subsection, or under section 505(a)(1) or
    505(a)(4) of the Foreign Assistance Act of 1961, to a transfer
    of any major defense equipment valued (in terms of its original
    acquisition cost) at $14,000,000 or more, or any defense
    article or related training or other defense service valued (in
    terms of its original acquisition cost) at $50,000,000 or
    more,\25\ unless \26\ the President submits to the Speaker of
    the House of Representatives and the Committee on Foreign
    Relations of the Senate a written certification with respect to
    such proposed transfer containing--
    ---------------------------------------------------------------------------
        \23\ Sec. 204(a) of the International Security Assistance and Arms
    Export Control Act of 1976 (Public Law 94-329; 90 Stat. 735) added
    subsecs. (e) and (f). Sec. 304(b)(2) of the same Act repealed subsec.
    (d) and redesignated subsecs. (e) and (f) as (d) and (e). Previously,
    subsec. (d) read as follows:
        ``(d) A country shall remain ineligible in accordance with
    subsection (c) of this section until such time as the President
    determines that such violation has ceased, that the country concerned
    has given assurances satisfactory to the President that such violation
    will not recur, and that, if such violation involved the transfer of
    sophisticated weapons without the consent of the President, such
    weapons have been returned to the country concerned.''.
         \24\ Sec. 16 of the International Security Assistance Act of 1977
    (Public Law 95-92; 91 Stat. 622) added the designation ``(1)'',
    redesignated former pars. (1) through (5) as subpars. (A) through (E),
    and added a new par. (2).
        \25\ The words to this point beginning with ``or under section
    505(a)(1) * * *'' were inserted in lieu of similar text by sec.
    101(a)(1)(A) of the International Security and Development Cooperation
    Act of 1981 (Public Law 97-113; 95 Stat. 1519). Previously, the
    President was required to submit a certification to Congress on all
    transfers of these items regardless of their value.
        \26\ The words ``, 30 days prior to giving such consent,'', which
    previously appeared at this point were struck out by sec. 16(1) of the
    International Security Assistance Act of 1977 (Public Law 95-92; 91
    Stat. 622).
    ---------------------------------------------------------------------------
              (A) \24\ the name of the country or international
            organization proposing to make such transfer,
              (B) \24\, \27\ a description of the
            article or service proposed to be transferred,
            including its acquisition cost,
    ---------------------------------------------------------------------------
        \27\ Subpar. (B) was amended and restated by sec. 101(a)(1)(B) of
    the International Security and Development Cooperation Act of 1981
    (Public Law 97-113; 95 Stat. 1519). It formerly read as follows:
        ``(B) a description of the defense article or related training or
    other defense service proposed to be transferred, including the
    original acquisition cost of such defense article or related training
    or other defense service''.
    ---------------------------------------------------------------------------
              (C) \24\ the name of the proposed recipient of such
            article or service,\28\
    ---------------------------------------------------------------------------
        \28\ The words ``defense'' and ``related training or other
    defense'', which formerly appeared before the words ``article'' and
    ``service'', respectively, were deleted by sec. 101(a)(1) of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1519).
    ---------------------------------------------------------------------------
              (D) \24\ the reasons for such proposed transfer, and
              (E) \24\ the date on which such transfer is proposed
            to be made.
    Any certification submitted to Congress pursuant to this
    paragraph shall be unclassified, except that information
    regarding the dollar value and number of articles or services
    \28\ proposed to be transferred may be classified if public
    disclosure thereof would be clearly detrimental to the security
    of the United States.
        (2) \24\ (A) Except as provided in subparagraph (B),\29\
    unless the President states in the certification submitted
    pursuant to paragraph (1) of this subsection that an emergency
    exists which requires that consent to the proposed transfer
    become effective immediately in the national security interests
    of the United States, such consent shall not become effective
    until 30 calendar days after the date of such submission and
    such consent shall become effective then only if the Congress
    does not enact,\30\ within such 30-day period, a joint
    resolution \31\ prohibiting the proposed transfer.
    ---------------------------------------------------------------------------
        \29\ Sec. 102(a) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1520) inserted the
    subpar. (A) designation, added the words to this point in subpar. (A),
    and added a new subpar. (B).
        \30\ Public Law 99-247 (100 Stat. 9) replaced the language ``adopt
    * * * concurrent resolution disapproving'' with the current text.
        \31\ Sec. 577 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1989 (Public Law 100-461; 102
    Stat. 2268-45), struck out ``law' and inserted in lieu thereof ``joint
    resolution, as provided for in sections 36(b)(2) and 36(b)(3) of this
    Act''. Sec. 141(a)(1) of Public Law 104-164 (110 Stat. 1430)
    subsequently struck out ``as provided for in sections 36(b)(2) and
    36(b)(3) of this Act''.
    ---------------------------------------------------------------------------
        (B) \29\ In the case of a proposed transfer to the North
    Atlantic Treaty Organization, or any member country of such
    Organization, Japan, Australia, or New Zealand, unless the
    President states in the certification submitted pursuant to
    paragraph (1) of this subsection that an emergency exists which
    requires that consent to the proposed transfer become effective
    immediately in the national security interests of the United
    States, such consent shall not become effective until fifteen
    calendar days after the date of such submission and such
    consent shall become effective then only if the Congress does
    not enact,\30\ within such fifteen-day period, a joint
    resolution \32\ prohibiting the proposed transfer.
    ---------------------------------------------------------------------------
        \32\ Sec. 141(a)(2) of Public Law 104-164 (110 Stat. 1430) struck
    out ``law'' and inserted in lieu thereof ``joint resolution''.
    ---------------------------------------------------------------------------
        (C) \33\ If the President states in his certification under
    subparagraph (A) or (B) that an emergency exists which requires
    that consent to the proposed transfer become effective
    immediately in the national security interests of the United
    States, thus waiving the requirements of that subparagraph, the
    President shall set forth in the certification a detailed
    justification for his determination, including a description of
    the emergency circumstances which necessitate immediate consent
    to the transfer and a discussion of the national security
    interests involved.
    ---------------------------------------------------------------------------
        \33\ Sec. 141(a)(3) of Public Law 104-164 (110 Stat. 1430) added
    subparas. (C) and (D).
        Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that
    ``amendments made by this section [sec. 141] apply with respect to
    certifications required to be submitted on or after the date of the
    enactment of this Act [July 21, 1996].''.
    ---------------------------------------------------------------------------
        (D) \33\ (i) Any joint resolution under this paragraph
    shall be considered in the Senate in accordance with the
    provisions of section 601(b) of the International Security
    Assistance and Arms Export Control Act of 1976.
        (ii) For the purpose of expediting the consideration and
    enactment of joint resolutions under this paragraph, a motion
    to proceed to the consideration of any such joint resolution
    after it has been reported by the appropriate committee shall
    be treated as highly privileged in the House of
    Representatives.
        (3) \34\ (A) \35\ The President may not give his consent to
    the transfer of any major defense equipment valued (in terms of
    its original acquisition cost) at $14,000,000 or more, or of
    any defense article or defense service valued (in terms of its
    original acquisition cost) at $50,000,000 or more, the export
    of which has been licensed or approved under section 38 of this
    Act,\36\ unless \37\ before giving such consent the President
    submits to the Speaker of the House of Representatives and the
    Chairman of the Committee on Foreign Relations of the Senate a
    certification \38\ containing the information specified in
    subparagraphs (A) through (E) of paragraph (1). Such
    certification shall be submitted--\39\
    ---------------------------------------------------------------------------
        \34\ Sec. 101(a) of the International Security and Development
    Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3131) redesignated
    existing par. (3) as par. (4) and added this new par. (3). Par. (4) was
    originally added as par. (3) by sec. 17 of the International Security
    Assistance Act of 1977 (Public Law 95-92; 91 Stat. 622).
        \35\ Sec. 141(b)(1) of Public Law 104-164 (110 Stat. 1431) added
    subpara. (A) designation.
        \36\ The value of the items listed in this sentence was increased
    from $7,000,000 and $25,000,000 to $14,000,000 and $50,000,000,
    respectively, by sec. 101(a)(2) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1519).
        \37\ Sec. 141(b)(2)(A) of Public Law 104-164 (110 Stat. 1431)
    struck out ``at least 30 calendar days'' after ``unless''.
        \38\ Sec. 141(b)(2)(B) of Public Law 104-164 (110 Stat. 1431)
    struck out ``report'' and inserted in lieu thereof ``certification''.
        \39\ Sec. 141(b)(3) of Public Law 104-164 (110 Stat. 1431) struck
    out a sentence after ``paragraph (1).'', which read : ``Such consent
    shall become effective then only if the Congress does not enact, within
    a 30-day period, a joint resolution, as provided for in sections
    36(c)(2) and 36(c)(3) of this Act prohibiting the proposed transfer.'',
    and inserted in lieu thereof the text beginning with ``Such
    certification shall be submitted--''. The former text had been added by
    sec. 577 of Public Law 100-461 (102 Stat. 2268-45).
        Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that
    ``amendments made by this section [sec. 141] apply with respect to
    certifications required to be submitted on or after the date of the
    enactment of this Act [July 21, 1996].''.
    ---------------------------------------------------------------------------
              (i) at least 15 calendar days before such consent is
            given in the case of a transfer to a country which is a
            member of the North Atlantic Treaty Organization or
            Australia, Japan, or New Zealand; and
              (ii) at least 30 calendar days before such consent is
            given in the case of a transfer to any other country,
    unless the President states in his certification that an
    emergency exists which requires that consent to the proposed
    transfer become effective immediately in the national security
    interests of the United States. If the President states in his
    certification that such an emergency exists (thus waiving the
    requirements of clause (i) or (ii), as the case may be, and of
    subparagraph (B)) the President shall set forth in the
    certification a detailed justification for his determination,
    including a description of the emergency circumstances which
    necessitate that consent to the proposed transfer become
    effective immediately and a discussion of the national security
    interests involved.
        (B) Consent to a transfer subject to subparagraph (A) shall
    become effective after the end of the 15-day or 30-day period
    specified in subparagraph (A)(i) or (ii), as the case may be,
    only if the Congress does not enact, within that period, a
    joint resolution prohibiting the proposed transfer.
        (C)(i) Any joint resolution under this paragraph shall be
    considered in the Senate in accordance with the provisions of
    section 601(b) of the International Security Assistance and
    Arms Export Control Act of 1976.
        (ii) For the purpose of expediting the consideration and
    enactment of joint resolutions under this paragraph, a motion
    to proceed to the consideration of any such joint resolution
    after it has been reported by the appropriate committee shall
    be treated as highly privileged in the House of
    Representatives.
        (4) \34\ This subsection shall not apply--
              (A) to transfers of maintenance, repair, or overhaul
            defense services, or of the repair parts or other
            defense articles used in furnishing such services, if
            the transfer will not result in any increase, relative
            to the original specifications, in the military
            capability of the defense articles and services to be
            maintained, repaired, or overhauled;
              (B) to temporary transfers of defense articles for
            the sole purpose of receiving maintenance, repair, or
            overhaul; or
              (C) \40\ to arrangements among members of the North
            Atlantic Treaty Organization or between the North
            Atlantic Treaty Organization and any of its member
            countries--
    ---------------------------------------------------------------------------
        \40\ Subpar. (C) was amended and restated by sec. 11 of the
    International Security Assistance Act of 1979 (Public Law 96-92; 93
    Stat. 705). It formerly read as follows:
        ``(C) to cooperative cross servicing arrangements among members of
    the North Atlantic Treaty Organization.''.
    ---------------------------------------------------------------------------
                      (i) for cooperative cross servicing, or
                      (ii) for lead-nation procurement if the
                    certification transmitted to the Congress
                    pursuant to section 36(b) of this Act with
                    regard to such lead-nation procurement
                    identified the transferees on whose behalf the
                    lead-nation procurement was proposed.
              (D) \41\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \41\ Subpar. (D), as added by sec. 101(b) of Public Law 96-536 (94
    Stat. 3131), was repealed by sec. 101(a)(3)(C) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1520). Subpar. (D) had stipulated that subsec. (d) would not
    apply to transfers to NATO, member countries of NATO, Japan, Australia,
    or New Zealand of major defense equipment valued at less than
    $7,000,000 or defense articles or related training or other defense
    service valued at less than $25,000,000.
    ---------------------------------------------------------------------------
        (e) \23\ If the President receives any information that a
    transfer of any defense article, or related training or other
    defense service, has been made without his consent as required
    under this section or under section 505 of the Foreign
    Assistance Act of 1961, he shall report such information
    immediately to the Speaker of the House of Representatives and
    the Committee on Foreign Relations of the Senate.
        (f) \42\ No sales or leases shall be made to any country
    that the President has determined is in material breach of its
    binding commitments to the United States under international
    treaties or agreements concerning the nonproliferation of
    nuclear explosive devices (as defined in section 830(4) of the
    Nuclear Proliferation Prevention Act of 1994) and unsafeguarded
    special nuclear material (as defined in section 830(8) of that
    Act).
    ---------------------------------------------------------------------------
        \42\ Sec. 822(a)(1) of the Nuclear Proliferation Prevention Act
    (title VIII of the Foreign Relations Authorization Act; Public Law 103-
    236; 108 Stat. 511) added subsec. (f).
        Previously, sec. 2(b) of the Anti-Terrorism and Arms Export
    Amendments Act of 1989 (Public Law 101-222; 103 Stat. 1896) repealed
    sec. 3(f). Added by sec. 18 of the International Security Assistance
    Act of 1977 (Public Law 95-92; 91 Stat. 622), sec. 3(f) formerly read
    as follows:
        ``(f)(1) Unless the President finds that the national security
    requires otherwise, he shall terminate all sales, under this Act to any
    government which aids or abets, by granting sanctuary from prosecution
    to, any individual or group which has committed an act of international
    terrorism. The President may not thereafter make or extend sales, to
    such government until the end of the one year period beginning on the
    date of such termination, except that if during its period of
    ineligibility for sales, pursuant to this section such government aids
    or abets, by granting sanctuary from prosecution to, any other
    individual or group which has committed an act of international
    terrorism, such government's period of ineligibility shall be extended
    for an additional year for each such individual or group.
        ``(2) If the President finds that the national security justifies a
    continuation of sales to any government described in paragraph (1), he
    shall report such finding to the Speaker of the House of
    Representatives and the Committee on Foreign Relations of the
    Senate.''.
    ---------------------------------------------------------------------------
        (g) \43\ Any agreement for the sale or lease of any article
    on the United States Munitions List entered into by the United
    States Government after the date of enactment of this
    subsection shall state that the United States Government
    retains the right to verify credible reports that such article
    has been used for a purpose not authorized under section 4 or,
    if such agreement provides that such article may only be used
    for purposes more limited than those authorized under section
    4, for a purpose not authorized under such agreement.
    ---------------------------------------------------------------------------
        \43\ Sec. 1225 of the Security Assistance Act of 1999 (title XII of
    the Admiral James W. Nance and Meg Donovan Foreign Relations
    Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
    reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536))
    added subsec. (g).
    ---------------------------------------------------------------------------
        Sec. 4.\44\ Purposes for Which Military Sales by the United
    States Are Authorized.--Defense articles and defense services
    shall be sold or leased \45\ by the United States Government
    under this Act to friendly countries solely for internal
    security, for legitimate self-defense, to permit the recipient
    country to participate in regional or collective arrangements
    or measures consistent with the Charter of the United Nations,
    or otherwise to permit the recipient country to participate in
    collective measures requested by the United Nations for the
    purpose of maintaining or restoring international peace and
    security, or for the purpose of enabling foreign military
    forces in less developed friendly countries to construct public
    works and to engage in other activities helpful to the economic
    and social development of such friendly countries. It is the
    sense of the Congress that such foreign military forces should
    not be maintained or established solely for civic action
    activities and that such civic action activities not
    significantly detract from the capability of the military
    forces to perform their military missions and be coordinated
    with and form part of the total economic and social development
    effort: Provided, That none of the funds contained in this
    authorization shall be used to guarantee, or extend credit, or
    participate in an extension of credit in connection with any
    sale of sophisticated weapons systems, such as missile systems
    and jet aircraft for military purposes, to any underdeveloped
    country other than Greece, Turkey, Iran, Israel, the Republic
    of China, the Philippines, and Korea unless the President
    determines that such financing is important to the national
    security of the United States and reports within thirty days
    each such determination to the Congress.
    ---------------------------------------------------------------------------
        \44\ 22 U.S.C. 2754.
        \45\ The words ``or leased'' were added by sec. 109(b)(3) of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1526).
    ---------------------------------------------------------------------------
        Sec. 5.\46\ Prohibition Against Discrimination.--(a) It is
    the policy of the United States that no sales should be made,
    and no credits (including participations in credits) or
    guaranties extended to or for any foreign country, the laws,
    regulations, official policies, or governmental practices of
    which prevent any United States person (as defined in section
    7701(a)(30) of the Internal Revenue Code of 1954) from
    participating in the furnishing of defense articles or defense
    services under this Act on the basis of race, religion,
    national origin, or sex.
    ---------------------------------------------------------------------------
        \46\ 22 U.S.C. 2755. Sec. 5 was added by sec. 302(b) of the
    International Security Assistance and Arms Export Control Act of 1976
    (Public Law 94-329; 90 Stat. 752).
    ---------------------------------------------------------------------------
        (b)(1) No agency performing functions under this Act shall,
    in employing or assigning personnel to participate in the
    performance of any such function, whether in the United States
    or abroad, take into account the exclusionary policies or
    practices of any foreign government where such policies or
    practices are based upon race, religion, national origin, or
    sex.
        (2) Each contract entered into by any such agency for the
    performance of any function under this Act shall contain a
    provision to the effect that no person, partnership,
    corporation, or other entity performing functions pursuant to
    such contract, shall, in employing or assigning personnel to
    participate in the performance of any such function, whether in
    the United States or abroad, take into account the exclusionary
    policies or practices of any foreign government where such
    policies or practices are based upon race, religion, national
    origin, or sex.
        (c) The President shall promptly transmit reports to the
    Speaker of the House of Representatives and the chairman of the
    Committee on Foreign Relations of the Senate concerning any
    instance in which any United States person (as defined in
    section 7701(a)(30) of the Internal Revenue Code of 1954) is
    prevented by a foreign government on the basis of race,
    religion, national origin, or sex, from participating in the
    performance of any sale or licensed transaction under this Act.
    Such reports shall include (1) a description of the facts and
    circumstances of any such discrimination, (2) the response
    thereto on the part of the United States or any agency or
    employee thereof, and (3) the result of such response, if any.
        (d)(1) \47\ Upon the request of the Committee on Foreign
    Relations of the Senate or the Committee on Foreign Affairs
    \48\ of the House of Representatives, the President shall,
    within 60 days after the receipt of such request, transmit to
    both such committees a statement, prepared with the assistance
    of the Secretary of State,\49\ with respect to the country
    designated in such request, setting forth--
    ---------------------------------------------------------------------------
        \47\ Functions in this paragraph are delegated to the Assistant
    Secretary of State for Democracy, Human Rights and Labor (Department of
    State Public Notice 2086; Delegation of Authority No. 214; 59 F.R.
    50790).
        \48\ Sec. 9(a)(7) of the USC Technical Amendments (Public Law 103-
    437; 108 Stat. 4588) struck out ``International Relations'' and
    inserted in lieu thereof ``Foreign Affairs''. Subsequently, sec.
    1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that references
    to the Committee on Foreign Affairs of the House of Representatives
    shall be treated as referring to the Committee on International
    Relations of the House of Representatives.
        \49\ Sec. 162(f) of the Foreign Relations Authorization Act, Fiscal
    Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405) struck out
    ``Assistant Secretary of State for Human Rights and Humanitarian
    Affairs'' and inserted in lieu thereof ``Secretary of State''.
    ---------------------------------------------------------------------------
              (A) all the available information about the
            exclusionary policies or practices of the government of
            such country when such policies or practices are based
            upon race, religion, national origin or sex and prevent
            any such person from participating in the performance
            of any sale or licensed transaction under this Act;
              (B) the response of the United States thereto and the
            results of such response;
              (C) whether, in the opinion of the President,
            notwithstanding any such policies or practices--
                      (i) extraordinary circumstances exist which
                    necessitate a continuation of such sale or
                    licensed transaction, and, if so, a description
                    of such circumstances and the extent to which
                    such sale or licensed transaction should be
                    continued (subject to such conditions as
                    Congress may impose under this section), and
                      (ii) on all the facts it is in the national
                    interest of the United States to continue such
                    sale or licensed transaction; and
              (D) such other information as such committee may
            request.
        (2) In the event a statement with respect to a sale or
    licensed transaction is requested pursuant to paragraph (1) of
    this subsection but is not transmitted in accordance therewith
    within 60 days after receipt of such request, such sale or
    licensed transaction shall be suspended unless and until such
    statement is transmitted.
        (3)(A) In the event a statement with respect to a sale or
    licensed transaction is transmitted under paragraph (1) of this
    subsection, the Congress may at any time thereafter adopt a
    joint resolution terminating or restricting such sale or
    licensed transaction.
        (B) Any such resolution shall be considered in the Senate
    in accordance with the provisions of section 601(b) of the
    International Security Assistance and Arms Export Control Act
    of 1976.
        (C) The term ``certification'', as used in section 601 of
    such Act, means, for the purposes of this paragraph, a
    statement transmitted under paragraph (1) of this subsection.
        Sec. 6.\50\ Foreign Intimidation and Harassment of
    Individuals in the United States.--No letters of offer may be
    issued, no credits or guarantees may be extended, and no export
    licenses may be issued under this Act with respect to any
    country determined by the President to be engaged in a
    consistent pattern of acts of intimidation or harassment
    directed against individuals in the United States. The
    President shall report any such determination promptly to the
    Speaker of the House of Representatives and to the chairman of
    the Committee on Foreign Relations of the Senate.
    ---------------------------------------------------------------------------
        \50\ 22 U.S.C. 2756. Sec. 6. was added by sec. 115 of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1528).
    ---------------------------------------------------------------------------

                Chapter 2--FOREIGN MILITARY SALES AUTHORIZATIONS

        Sec. 21.\51\ Sales From Stocks.--(a)(1) \52\ The President
    may sell defense articles and defense services from the stocks
    of the Department of Defense and the Coast Guard \53\ to any
    eligible country or international organization if such country
    or international organization agrees to pay in United States
    dollars--
    ---------------------------------------------------------------------------
        \51\ 22 U.S.C. 2761. Sec. 205 of the International Security
    Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90
    Stat. 736) amended sec. 21 which formerly read as follows:
        ``Sec. 21. Cash Sales From Stock.--The President may sell defense
    articles from the stocks of the Department of Defense and defense
    services of the Department of Defense to any friendly country or
    international organization if such country or international
    organization agrees to pay not less than the value thereof in United
    States dollars. Payment shall be made in advance or, as determined by
    the President to be in the best interests of the United States, within
    a reasonable period not to exceed one hundred and twenty days after the
    delivery of the defense articles or the rendering of the defense
    services.''.
        Sec. 975 of title 10, U.S. Code, as added by sec. 815 of the
    Department of Defense Appropriation Authorization Act, 1979 (92 Stat.
    1625), prohibited the sale of certain defense articles from Department
    of Defense stocks. See 10 U.S.C. 975, redesignated sec. 2390, in
    Legislation on Foreign Relations Through 2000, vol. I-B.
        Sec. 706 of the Security Assistance Act of 2000 (Public Law 106-
    280; 114 Stat. 862) provided the following:
        ``SEC. 706. SENSE OF THE CONGRESS REGARDING EXCESS DEFENSE
    ARTICLES.
        ``It is the sense of the Congress that the President should make
    expanded use of the authority provided under section 21(a) of the Arms
    Export Control Act to sell excess defense articles by utilizing the
    flexibility afforded by section 47 of such Act to ascertain the `market
    value' of excess defense articles.''.
        \52\ Sec. 107(a)(1) and (2) of the International Security and
    Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 196)
    redesignated pars. (1), (2) and (3) as subpars. (A), (B) and (C) and
    inserted a ``(1)'' after subsec. (a).
        \53\ Sec. 1222 of the Security Assistance Act of 1999 (title XII of
    the Admiral James W. Nance and Meg Donovan Foreign Relations
    Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
    reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536))
    inserted ``and the Coast Guard'' after ``Department of Defense''.
    ---------------------------------------------------------------------------
              (A) \52\ in the case of a defense article not
            intended to be replaced at the time such agreement is
            entered into, not less than the actual value thereof;
            \54\
    ---------------------------------------------------------------------------
        \54\ 10 U.S.C. 114(c)(2) provides:
        ``(2) Notwithstanding section 37(a) of the Arms Export Control Act
    (22 U.S.C. 2777(a)), amounts received by the United States pursuant to
    subparagraph (A) of section 21(a)(1) of that Act (22 U.S.C.
    2761(a)(1))--
    ---------------------------------------------------------------------------

              ``(A) shall be credited to the Special Defense Acquisition
            Fund established pursuant to chapter 5 of that Act (22 U.S.C.
            2795 et seq.), as authorized by section 51(b)(1) of that Act
            (22 U.S.C. 2795(b)(1)), but subject to the limitation in
            paragraph (1) and other applicable law; and
              ``(B) to the extent not so credited, shall be deposited in
            the Treasury as miscellaneous receipts as provided in section
            3302(b) of title 31.''.
              (B) \52\ in the case of a defense article intended to
            be replaced at the time such agreement is entered into,
            the estimated cost of replacement of such article,
            including the contract or production costs less any
            depreciation in the value of such article; or
              (C) \52\, \55\ in the case of the sale of
            a defense service, the full cost to the United States
            Government of furnishing such service, except that in
            the case of training sold to a purchaser who is
            concurrently receiving assistance under chapter 5 of
            part II of the Foreign Assistance Act of 1961 or to any
            high-income foreign country (as described in that
            chapter),\56\ only those additional costs that are
            incurred by the United States Government in furnishing
            such assistance.
    ---------------------------------------------------------------------------
        \55\ Subpar. (C) was amended and restated by sec. 108(a) of the
    International Security and Development Cooperation Act of 1985 (Public
    Law 99-83; 99 Stat. 197). It previously read: ``in the case of the sale
    of a defense service, the full cost to the United States Government of
    furnishing such service, except that in the case of training, only
    those additional costs that are incurred by the United States
    Government in furnishing such training.''.
        \56\ Sec. 112(c)(2) of Public Law 104-164 (110 Stat. 1428) inserted
    ``or to any high-income foreign country (as described in that
    chapter)'' after ``Foreign Assistance Act of 1961''.
    ---------------------------------------------------------------------------
        (2) \57\ For purposes of subparagraph (A) of paragraph (1),
    the actual value of a naval vessel of 3,000 tons or less and 20
    years or more of age shall be considered to be not less than
    the greater of the scrap value or fair value (including
    conversion costs) of such vessel, as determined by the
    Secretary of Defense.
    ---------------------------------------------------------------------------
        \57\ Par. (2) was added by sec. 107(a)(3) of the International
    Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
    Stat. 196).
    ---------------------------------------------------------------------------
        (b) Except as provided by subsection (d) of this section,
    payment shall be made in advance or, if the President
    determines it to be in the national interest, upon delivery of
    the defense article or rendering of the defense service.
        (c)(1) \58\ Personnel performing defense services sold
    under this Act may not perform any duties of a combatant
    nature, including any duties related to training and advising
    that may engage United States personnel in combat
    activities,\59\ outside the United States in connection with
    the performance of those defense services.
    ---------------------------------------------------------------------------
        \58\ The paragraph designation ``(1)'' and a new par. (2) were
    added by sec. 102 of the International Security and Development
    Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3132). Par. (2)
    was subsequently amended and restated by sec. 103 of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1521). The original text of par. (2) read as follows:
        ``(2) Within 48 hours after the outbreak of significant hostilities
    involving a country in which United States personnel are performing
    defense services pursuant to this Act or the Foreign Assistance Act of
    1961, the President shall submit to the Speaker of the House of
    Representatives and to the President pro tempore of the Senate a
    report, in writing, setting forth--
        ``(A) the identity of such country and a description of such
    hostilities; and
        ``(B) the number of members of the United States Armed Forces and
    the number of United States civilian personnel performing defense
    services related to such hostilities in such country, their location,
    the precise nature of their activities, and the likelihood of their
    becoming engaged in or endangered by hostilities.''.
        \59\ The words ``training and advising that may engage United
    States personnel in combat activities'' were inserted in lieu of
    ``training, advising, or otherwise providing assistance regarding
    combat activities'' by sec. 102(1) of the International Security and
    Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3132).
    ---------------------------------------------------------------------------
        (2) \58\ Within forty-eight hours of the existence of, or a
    change in status of significant hostilities or terrorist acts
    or a series of such acts, which may endanger American lives or
    property, involving a country in which United States personnel
    are performing defense services pursuant to this Act or the
    Foreign Assistance Act of 1961, the President shall submit to
    the Speaker of the House of Representatives and to the
    President pro tempore of the Senate a report, in writing,
    classified if necessary, setting forth--
              (A) the identity of such country;
              (B) a description of such hostilities or terrorist
            acts; and
              (C) the number of members of the United States Armed
            Forces and the number of United States civilian
            personnel that may be endangered by such hostilities or
            terrorist acts.
        (d) If the President determines it to be in the national
    interest pursuant to subsection (b) of this section, billings
    for sales made under letters of offer issued under this section
    after the enactment of this subsection may be dated and issued
    upon delivery of the defense article or rendering of the
    defense service and shall be due and payable upon receipt
    thereof by the purchasing country or international
    organization. Interest shall be charged on any net amount due
    and payable which is not paid within sixty days after the date
    of such billing. The rate of interest charged shall be a rate
    not less than a rate determined by the Secretary of the
    Treasury taking into consideration the current average market
    yield on outstanding short-term obligations of the United
    States as of the last day of the month preceding the billing
    and shall be computed from the date of billing. The President
    may extend such sixty-day period to one hundred and twenty days
    if he determines that emergency requirements of the purchaser
    for acquisition of such defense articles or defense services
    exceed the ready availability to the purchaser of funds
    sufficient to pay the United States in full for them within
    such sixty-day period and submits that determination to the
    Congress together with a special emergency request for the
    authorization and appropriation of additional funds to finance
    such purchases under this Act.
        (e)(1) After September 30, 1976, letters of offer for the
    sale of defense articles or for the sale of defense services
    that are issued pursuant to this section or pursuant to section
    22 of this Act shall include appropriate charges for--
              (A) \60\ administrative services, calculated on an
            average percentage basis to recover the full estimated
            costs (excluding a pro rata share of fixed base
            operations costs) \61\ of administration of sales made
            under this Act to all purchasers of such articles and
            services as specified in section 43(b) and section
            43(c) of this Act; \62\
    ---------------------------------------------------------------------------
        \60\ The Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000,
    enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat.
    1900), provided the following under ``Foreign Military Financing
    Program'': ``Provided further, That not more than $340,000,000 of funds
    realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act
    may be obligated for expenses incurred by the Department of Defense
    during fiscal year 2001 pursuant to section 43(b) of the Arms Export
    Control Act, except that this limitation may be exceeded only through
    the regular notification procedures of the Committees on
    Appropriations:''.
        \61\ The wording in parentheses was added by sec. 109 of the
    International Security and Development Cooperation Act of 1985 (Public
    Law 99-83; 99 Stat. 197).
        \62\ Sec. 9104(c)(1) of the Department of Defense Appropriations
    Act, 1990 (Public Law 101-165; 103 Stat. 1152), inserted reference to
    secs. 43(b) and (c).
    ---------------------------------------------------------------------------
              (B) \63\ a proportionate amount of any nonrecurring
            costs of research, development, and production of major
            defense equipment (except for equipment wholly paid for
            either from funds transferred under section 503(a)(3)
            of the Foreign Assistance Act of 1961 or from funds
            made available on a nonrepayable basis under section 23
            of this Act); \64\ and
    ---------------------------------------------------------------------------
        \63\ Section 9104(c)(3) of the Department of Defense Appropriations
    Act, 1990 (Public Law 101-165; 103 Stat. 1152), deleted par. (1)(B)
    which read ``(B) any use of plant and production equipment in
    connection with such defense articles;'' and redesignated (C) and (D)
    as (B) and (C), respectively.
        Sec. 710 of the Security Assistance Act of 2000 (Public Law 106-
    280; 114 Stat. 864) provided the following:
        ``SEC. 710. WAIVER OF CERTAIN COSTS.
        ``Notwithstanding any other provision of law, the President may
    waive the requirement to impose an appropriate charge for a
    proportionate amount of any nonrecurring costs of research,
    development, and production under section 21(e)(1)(B) of the Arms
    Export Control Act (22 U.S.C. 2761(e)(1)(B)) for the November 1999 sale
    of five UH-60L helicopters to the Republic of Colombia in support of
    counternarcotics activities.''.
        \64\ Sec. 9104(c)(2) of the Department of Defense Appropriations
    Act, 1990 (Public Law 101-165; 103 Stat. 1152), inserted parenthetical
    language here.
    ---------------------------------------------------------------------------
              (C) \65\ the recovery of ordinary inventory losses
            associated with the sale from stock of defense articles
            that are being stored at the expense of the purchaser
            of such articles.
    ---------------------------------------------------------------------------
        \65\ This subparagraph was added by sec. 16 of the International
    Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 740) as
    (D), and redesignated as (C) by the Department of Defense
    Appropriations Act, 1990 (Public Law 101-165; 103 Stat. 1152).
    ---------------------------------------------------------------------------
        (2) \66\ (A) The President may reduce or waive the charge
    or charges which would otherwise be considered appropriate
    under paragraph (1)(B) \67\ for particular sales that would, if
    made, significantly advance United States Government interests
    in North Atlantic Treaty Organization standardization,
    standardization with the Armed Forces of Japan, Australia, or
    New Zealand in furtherance of the mutual defense treaties
    between the United States and those countries, or foreign
    procurement in the United States under coproduction
    arrangements.\68\
    ---------------------------------------------------------------------------
        \66\ Sec. 4303(a) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 658) conditionally
    amended para. (2) by inserting subpara. designation ``(A)'', and adding
    subparas. (B) and (C). Sec. 4303(b) of that Act stated the conditions
    for incorporating the amendment as follows:
        ``(b) Conditions.--Subsection (a) shall be effective only if--
    ---------------------------------------------------------------------------

              ``(1) the President, in the budget of the President for
            fiscal year 1997, proposes legislation that if enacted would be
            qualifying offsetting legislation; and
              ``(2) there is enacted qualifying offsetting legislation.
    ---------------------------------------------------------------------------
        ``(c) Effective Date.--If the conditions in subsection (b) are met,
    then the amendments made by subsection (a) shall take effect on the
    date of the enactment of qualifying offsetting legislation.
        ``(d) Definitions.--For purposes of this section:
    ---------------------------------------------------------------------------

              ``(1) The term `qualifying offsetting legislation' means
            legislation that includes provisions that--

                      ``(A) offset fully the estimated revenues lost as a
                    result of the amendments made by subsection (a) for
                    each of the fiscal years 1997 through 2005;
                      ``(B) expressly state that they are enacted for the
                    purpose of the offset described in subparagraph (A);
                    and
                      ``(C) are included in full on the PayGo scorecard.

              ``(2) The term `PayGo scorecard' means the estimates that are
            made by the Director of the Congressional Budget Office and the
            Director of the Office of Management and Budget under section
            252(d) of the Balanced Budget and Emergency Deficit Control Act
            of 1985.''.
    ---------------------------------------------------------------------------
        The required offsetting legislation was enacted as sec. 3303(e) of
    the National Defense Authorization Act for Fiscal Year 1997 (Public Law
    104-201; 50 U.S.C. 98d note).
        \67\ Sec. 9104(c)(3) of the Department of Defense Appropriations
    Act, 1990 (Public Law 101-165; 103 Stat. 1152) made a conforming
    amendment here to show redesignation of par. (B) and (C), above.
        \68\ The words ``standardization with the * * * and those
    countries,'' were added by sec. 104 of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1521).
    ---------------------------------------------------------------------------
        (B) \66\ The President may waive the charge or charges
    which would otherwise be considered appropriate under paragraph
    (1)(B) for a particular sale if the President determines that--
              (i) imposition of the charge or charges likely would
            result in the loss of the sale; or
              (ii) in the case of a sale of major defense equipment
            that is also being procured for the use of the Armed
            Forces, the waiver of the charge or charges would
            (through a resulting increase in the total quantity of
            the equipment purchased from the source of the
            equipment that causes a reduction in the unit cost of
            the equipment) result in a savings to the United States
            on the cost of the equipment procured for the use of
            the Armed Forces that substantially offsets the revenue
            foregone by reason of the waiver of the charge or
            charges.
        (C) The President may waive, for particular sales of major
    defense equipment, any increase in a charge or charges
    previously considered appropriate under paragraph (1)(B) if the
    increase results from a correction of an estimate (reasonable
    when made) of the production quantity base that was used for
    calculating the charge or charges for purposes of such
    paragraph.
        (3) \69\ (A) The President may waive the charges for
    administrative services that would otherwise be required by
    paragraph (1)(A) in connection with any sale to the Maintenance
    and Supply Agency of the North Atlantic Treaty Organization in
    support of--
    ---------------------------------------------------------------------------
        \69\ Sec. 1002 of the National Defense Authorization Act, Fiscal
    Year 1989 (Public Law 100-456; 102 Stat. 2037) added sec. 21(e)(3).
    ---------------------------------------------------------------------------
              (i) a weapon system partnership agreement; or
              (ii) a NATO/SHAPE project.
        (B) The Secretary of Defense may reimburse the fund
    established to carry out section 43(b) of this Act in the
    amount of the charges waived under subparagraph (A) of this
    paragraph. Any such reimbursement may be made from any funds
    available to the Department of Defense.
        (C) As used in this paragraph--
              (i) the term ``weapon system partnership agreement''
            means an agreement between two or more member countries
            of the Maintenance and Supply Agency of the North
            Atlantic Treaty Organization that--
                      (I) is entered into pursuant to the terms of
                    the charter of that organization; and
                      (II) is for the common logistic support of a
                    specific weapon system common to the
                    participating countries; and
              (ii) the term ``NATO/SHAPE project'' means a common-
            funded project supported by allocated credits from
            North Atlantic Treaty Organization bodies or by host
            nations with NATO Infrastructure funds.
        (f) Any contracts entered into between the United States
    and a foreign country under the authority of this section or
    section 22 of this Act shall be prepared in a manner which will
    permit them to be made available for public inspection to the
    fullest extent possible consistent with the national security
    of the United States.
        (g) \70\ The President may enter into North Atlantic Treaty
    Organization standardization agreements in carrying out section
    814 of the Act of October 7, 1975 (Public Law 94-106), and may
    enter into similar agreements with countries \71\ which are
    major non-NATO allies, for the cooperative furnishing of
    training on a bilateral or multilateral basis, if the financial
    principles of such agreements are based on reciprocity. Such
    agreements shall include reimbursement for all direct costs but
    may exclude reimbursement for indirect costs, administrative
    surcharges, and costs of billeting of trainees (except to the
    extent that members of the United States Armed Forces occupying
    comparable accommodations are charged for such accommodations
    by the United States). Each such agreement shall be transmitted
    promptly to the Speaker of the House of Representatives and the
    Committees on Appropriations, Armed Services, and Foreign
    Relations of the Senate.\72\
    ---------------------------------------------------------------------------
        \70\ Subsec. (g) was added by sec. 108(b) of the International
    Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
    Stat. 197).
        Subsec. (g) was previously repealed by the Foreign Assistance
    Appropriations Act, 1985 (sec. 101 of the Continuing Appropriations
    Act, 1985; Public Law 98-473; 98 Stat. 1895). This amendment had been
    included as sec. 102(b) of S. 2346, as introduced on February 27, 1984.
    Public Law 98-473 enacted sec. 102 of S. 2346. Subsec. (g) previously
    read as follows:
        ``(g) The President may enter into North Atlantic Treaty
    Organization standardization agreements in carrying out section 814 of
    the Act of October 7, 1975 (Public Law 94-106), and may enter into
    similar agreements with Japan, Australia, and New Zealand, for the
    cooperative furnishing of training on a bilateral or multilateral
    basis, if the financial principles of such agreements are based on
    reciprocity. Such agreements shall include reimbursement for all direct
    costs but may exclude reimbursement for indirect costs, administrative
    surcharges, and costs of billeting of trainees (except to the extent
    that members of the United States Armed Forces occupying comparable
    accommodations are charged for such accommodations by the United
    States). Each such agreement shall be transmitted promptly to the
    Speaker of the House of Representatives and the Committees on
    Appropriations, Armed Services, and Foreign Relations of the Senate.''.
        \71\ Sec. 147(b) of Public Law 104-164 (110 Stat. 1435) struck out
    ``similar agreements with Japan, Australia, and New Zealand, and with
    other countries'' and inserted in lieu thereof ``similar agreements
    with countries''. Sec. 580 of Public Law 100-202 (101 Stat. 1329-181)
    had added ``and with other countries which are major non-NATO allies''.
        \72\ Sec. 147(a)(3)(A) of Public Law 104-164 (110 Stat. 1435)
    struck out the last sentence of subsec. (g). Originally added by sec.
    580 of Public Law 100-202 (101 Stat. 1329-181), and amended by sec.
    705(d)(1) of Public Law 102-25 (105 Stat. 120), the sentence read: ``
    As used in this subsection, the term ``major non-NATO allies'' means
    those countries designated as major non-NATO allies for purposes of
    section 2350a(i)(3) of title 10, United States Code.''.
    ---------------------------------------------------------------------------
        (h) \73\ (1) The President is authorized to provide
    (without charge) quality assurance, inspection, contract
    administration services,\74\ and contract audit defense
    services under this section--
    ---------------------------------------------------------------------------
        \73\ Sec. 12 of the International Security Assistance Act of 1979
    (Public Law 96-92; 93 Stat. 705) redesignated subsec. (h) as subsec.
    (i) and added this new subsec. (h).
        Subsequently, sec. 111 (1), (2), and (3) of the International
    Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
    Stat. 197), inserted the designation (1) after subsec. (h), added par.
    (2) and redesignated what was previously pars. (1) and (2) as subpars.
    (A) and (B) of the newly designated (h)(1).
        \74\ The language ``contract administration services'' was added by
    sec. 110 of Public Law 99-83 (99 Stat. 197).
    ---------------------------------------------------------------------------
              (A) \73\ in connection with the placement or
            administration of any contract or subcontract for
            defense articles, defense services, or design and
            construction services \75\ entered into after the date
            of enactment of this subsection by, or under this Act
            on behalf of, a foreign government which is a member of
            the North Atlantic Treaty Organization, if such
            government provides such services in accordance with an
            agreement on a reciprocal basis, without charge, to the
            United States Government; or
    ---------------------------------------------------------------------------
        \75\ The reference to design and construction services was added by
    sec. 115(b) of the International Security and Development Cooperation
    Act of 1980 (Public Law 96-533; 94 Stat. 3134).
    ---------------------------------------------------------------------------
              (B) \73\ in connection with the placement or
            administration of any contract or subcontract for
            defense articles, defense services, or design and
            construction services \75\ pursuant to the North
            Atlantic Treaty Organization Security Investment
            program \76\ in accordance with an agreement under
            which the foreign governments participating in such
            program provide such services, without charge, in
            connection with similar contracts or subcontracts.
    ---------------------------------------------------------------------------
        \76\ Sec. 2802(d)(2) of the National Defense Authorization Act for
    Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2787) struck out
    ``North Atlantic Treaty Organization Infrastructure Program'' and
    inserted in lieu thereof ``North Atlantic Treaty Organization Security
    Investment program''.
    ---------------------------------------------------------------------------
        (2) \73\ In carrying out the objectives of this section,
    the President is authorized to provide cataloging data and
    cataloging services, without charge, to the North Atlantic
    Treaty Organization or to any member government of that
    Organization if that Organization or member government provides
    such data and services in accordance with an agreement on a
    reciprocal basis, without charge, to the United States
    Government.
        (i) \77\ (1) Sales of defense articles and defense services
    which could have significant adverse effect on the combat
    readiness of the Armed Forces of the United States shall be
    kept to an absolute minimum. The President shall transmit to
    the Speaker of the House of Representatives and the Committees
    on Armed Services and Foreign Relations of the Senate on the
    same day a written statement giving a complete explanation with
    respect to any proposal to sell, under this section or under
    authority of chapter 2B,\78\ any defense articles or defense
    services if such sale could have a significant adverse effect
    on the combat readiness of the Armed Forces of the United
    States. Each such statement shall be unclassified except to the
    extent that public disclosure of any item of information
    contained therein would be clearly detrimental to the security
    of the United States. Any necessarily classified information
    shall be confined to a supplemental report. Each such statement
    shall include an explanation relating to only one such proposal
    to sell and shall set forth--
    ---------------------------------------------------------------------------
        \77\ Subsec. (i), originally added as subsec. (h) by sec. 206 of
    the International Security Assistance and Arms Export Control Act of
    1976 (Public Law 94-329; 90 Stat. 738), was redesignated as subsec. (i)
    by sec. 12 of Public Law 96-92.
        \78\ The reference to the authority under chapter 2B was added by
    sec. 3 of Public Law 97-392 (96 Stat. 1962).
    ---------------------------------------------------------------------------
              (A) the country or international organization to
            which the sale is proposed to be made;
              (B) the amount of the proposed sale;
              (C) a description of the defense article or service
            proposed to be sold;
              (D) a full description of the impact which the
            proposed sale will have on the Armed Forces of the
            United States; and
              (E) a justification for such proposed sale, including
            a certification that such sale is important to the
            security of the United States.
    A certification described in subparagraph (E) shall take effect
    on the date on which such certification is transmitted and
    shall remain in effect for not to exceed one year.
        (2) No delivery may be made under any sale which is
    required to be reported under paragraph (1) of this subsection
    unless the certification required to be transmitted by
    paragraph (E) of paragraph (1) is in effect.
        (j) \79\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \79\ Sec. 112 of the National Defense Authorization Act for Fiscal
    Year 1996 (Public Law 104-106; 110 Stat. 206) repealed subsec. (j),
    originally added by sec. 114 of the National Defense Authorization Act
    for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2333). The subsec.
    read as follows:
        ``(j) Tank and Infantry Vehicle Upgrades.--(1) Funds received from
    the sale of tanks under this section shall be available for the
    upgrading of tanks for fielding to the Army.
        ``(2) Funds received from the sale of infantry fighting vehicles or
    armored personnel carriers under this section shall be available for
    the upgrading of infantry fighting vehicles or armored personnel
    carriers for fielding to the Army.
        ``(3) Paragraphs (1) and (2) apply only to the extent provided in
    advance in appropriations Acts.
        ``(4) This subsection applies with respect to funds received from
    sales occurring after September 30, 1989.''.
    ---------------------------------------------------------------------------
        (k) \80\ Before entering into the sale under this Act of
    defense articles that are excess to the stocks of the
    Department of Defense, the President shall determine that the
    sale of such articles will not have an adverse impact on the
    national technology and industrial base and, particularly, will
    not reduce the opportunities of entities in the national
    technology and industrial base to sell new or used equipment to
    the countries to which such articles are transferred.
    ---------------------------------------------------------------------------
        \80\ Sec. 731(d) of the Foreign Relations Authorization Act, Fiscal
    Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503) added subsec.
    (k). Sec. 104(b)(1) of Public Law 104-164 (110 Stat. 1426) struck out
    ``the President shall first consider the effects of the sale of the
    articles on the national technology and industrial base, particularly
    the extent, if any, to which the sale reduces the opportunities of
    entities in the national technology and industrial base to sell new
    equipment to the country or countries to which the excess defense
    articles are sold.'' and inserted the text beginning ``the President
    shall * * *''.
    ---------------------------------------------------------------------------
        (l) \81\ Repair of Defense Articles.--
    ---------------------------------------------------------------------------
        \81\ Sec. 152(a) of Public Law 104-164 (110 Stat. 1438) added
    subsec. (l). Subsec. (c) (22 U.S.C. 2761 note) of that section
    provided: ``Under the direction of the President, the Secretary of
    Defense shall promulgate regulations to implement subsections (l) and
    (m) of section 21 of the Arms Export Control Act.''.
    ---------------------------------------------------------------------------
              (1) In general.--The President may acquire a
            repairable defense article from a foreign country or
            international organization if such defense article--
                      (A) previously was transferred to such
                    country or organization under this Act;
                      (B) is not an end item; and
                      (C) will be exchanged for a defense article
                    of the same type that is in the stocks of the
                    Department of Defense.
              (2) Limitation.--The President may exercise the
            authority provided in paragraph (1) only to the extent
            that the Department of Defense--
                      (A)(i) has a requirement for the defense
                    article being returned; and
                      (ii) has available sufficient funds
                    authorized and appropriated for such purpose;
                    or
                      (B)(i) is accepting the return of the defense
                    article for subsequent transfer to another
                    foreign government or international
                    organization pursuant to a letter of offer and
                    acceptance implemented in accordance with this
                    Act; and
                      (ii) has available sufficient funds provided
                    by or on behalf of such other foreign
                    government or international organization
                    pursuant to a letter of offer and acceptance
                    implemented in accordance with this Act.
              (3) Requirement.--(A) The foreign government or
            international organization receiving a new or repaired
            defense article in exchange for a repairable defense
            article pursuant to paragraph (1) shall, upon the
            acceptance by the United States Government of the
            repairable defense article being returned, be charged
            the total cost associated with the repair and
            replacement transaction.
              (B) The total cost charged pursuant to subparagraph
            (A) shall be the same as that charged the United States
            Armed Forces for a similar repair and replacement
            transaction, plus an administrative surcharge in
            accordance with subsection (e)(1)(A) of this section.
              (4) Relationship to certain other provisions of
            law.--The authority of the President to accept the
            return of a repairable defense article as provided in
            subsection (a) shall not be subject to chapter 137 of
            title 10, United States Code, or any other provision of
            law relating to the conclusion of contracts.
        (m) \82\ Return of Defense Articles.--
    ---------------------------------------------------------------------------
        \82\ Sec. 152(b) of Public Law 104-164 (110 Stat. 1439) added
    subsec. (m). Subsec. (c) (22 U.S.C. 2761 note) of that section
    provided: ``Under the direction of the President, the Secretary of
    Defense shall promulgate regulations to implement subsections (l) and
    (m) of section 21 of the Arms Export Control Act.''.
    ---------------------------------------------------------------------------
              (1) In general.--The President may accept the return
            of a defense article from a foreign country or
            international organization if such defense article--
                      (A) previously was transferred to such
                    country or organization under this Act;
                      (B) is not significant military equipment (as
                    defined in section 47(9) of this Act); and
                      (C) is in fully functioning condition without
                    need of repair or rehabilitation.
              (2) Limitation.--The President may exercise the
            authority provided in paragraph (1) only to the extent
            that the Department of Defense--
                      (A)(i) has a requirement for the defense
                    article being returned; and
                      (ii) has available sufficient funds
                    authorized and appropriated for such purpose;
                    or
                      (B)(i) is accepting the return of the defense
                    article for subsequent transfer to another
                    foreign government or international
                    organization pursuant to a letter of offer and
                    acceptance implemented in accordance with this
                    Act; and
                      (ii) has available sufficient funds provided
                    by or on behalf of such other foreign
                    government or international organization
                    pursuant to a letter of offer and acceptance
                    implemented in accordance with this Act.
              (3) Credit for transaction.--Upon acquisition and
            acceptance by the United States Government of a defense
            article under paragraph (1), the appropriate Foreign
            Military Sales account of the provider shall be
            credited to reflect the transaction.
              (4) Relationship to certain other provisions of
            law.--The authority of the President to accept the
            return of a defense article as provided in paragraph
            (1) shall not be subject to chapter 137 of title 10,
            United States Code, or any other provision of law
            relating to the conclusion of contracts.
        Sec. 22.\83\ Procurement for Cash Sales.--(a) Except as
    otherwise provided in this section, the President may, without
    requirement for charge to any appropriation or contract
    authorization otherwise provided, enter into contracts for the
    procurement of defense articles or defense services for sale
    for United States dollars to any foreign country or
    international organization if such country or international
    organization provides the United States Government with a
    dependable undertaking (1) to pay the full amount of such
    contract which will assure the United States Government against
    any loss on the contract, and (2) to make funds available in
    such amounts and at such times as may be required to meet the
    payments required by the contract and any damages and costs
    that may accrue from the cancellation of such contract, in
    advance of the time such payments, damages, or costs are due.
    Interest shall be charged on any net amount by which any such
    country or international organization is in arrears under all
    of its outstanding unliquidated dependable undertakings,
    considered collectively. The rate of interest charged shall be
    a rate not less than a rate determined by the Secretary of the
    Treasury taking into consideration the current average market
    yield on outstanding short-term obligations of the United
    States as of the last day of the month preceding the net
    arrearage and shall be computed from the date of net
    arrearage.\84\
    ---------------------------------------------------------------------------
        \83\ 22 U.S.C. 2762. Sec. 25(3) of the FA Act of 1973 amended and
    restated sec. 22, which formerly read as follows:
        ``Sec. 22. Procurement for Cash Sales.--The President may, without
    requirement for charge to any appropriation or contract authorization
    otherwise provided, enter into contracts for the procurement of defense
    articles or defense services for sale for United States dollars to any
    friendly country or international organization if such country or
    international organization provides the United States Government with a
    dependable undertaking (1) to pay the full amount of such contract
    which will assure the United States Government against any loss on the
    contract, and (2) to make funds available in such amounts and at such
    times as may be required to meet the payments required by the contract,
    and any damages and costs that may accrue from the cancellation of such
    contract, in advance of the time such payments, damages, or costs are
    due: Provided, That the President may, when he determines it to be in
    the national interest accept a dependable undertaking to make full
    payment within one hundred and twenty days after delivery of the
    defense articles, or the rendering of the defense services, and
    appropriations available to the Department of Defense may be used to
    meet the payments required by the contracts and shall be reimbursed by
    the amounts subsequently received from the country or international
    organization: Provided further, That the President may, when he
    determines it to be in the national interest, enter into sales
    agreements with purchasing countries or international organizations
    which fix prices to be paid by the purchasing countries or
    international organizations for the defense articles or defense
    services ordered. Funds made available under section 31 for financing
    sales shall be used to reimburse the applicable appropriations in the
    amounts required by the contracts which exceed the price so fixed,
    except that such reimbursement shall not be required upon determination
    by the President that the continued production of the defense article
    being sold is advantageous to the Armed Forces of the United States.
    Payments by purchasing countries or international organizations which
    exceed the amounts required by such contracts shall be transferred to
    the general fund of the Treasury. To the maximum extent possible,
    prices fixed under any such sales agreement shall be sufficient to
    reimburse the United States for the cost of defense articles or defense
    services ordered. The President shall submit to the Congress promptly a
    detailed report concerning any fixed- price sales agreement under which
    the aggregate cost to the United States exceeds the aggregate amount
    required to be paid by the purchasing country or international
    organization. No sales of unclassified defense articles shall be made
    to the government of any economically developed nation under the
    provisions of this section unless such articles are not generally
    available for purchase by such nations from commercial sources in the
    United States: Provided, however, That the President may waive the
    provisions of this sentence when he determines that the waiver of such
    provisions is in the national interest.''.
        \84\ The words beginning with ``Interest shall be charged on any
    net amount * * *'' were added by sec. 207(a) of the International
    Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
    329; 90 Stat. 738).
    ---------------------------------------------------------------------------
        (b) The President may, if he determines it to be in the
    national interest, issue letters of offer under this section
    which provide for billing upon delivery of the defense article
    or rendering of the defense service and for payment within one
    hundred and twenty days after the date of billing. This
    authority may be exercised, however, only if the President also
    determines that the emergency requirements of the purchaser for
    acquisition of such defense articles and services exceed the
    ready availability to the purchaser of funds sufficient to make
    payments on a dependable undertaking basis and submits both
    determinations to the Congress together with a special
    emergency request for authorization and appropriation of
    additional funds to finance such purchases under this Act.\85\
    Appropriations available to the Department of Defense may be
    used to meet the payments required by the contracts for the
    procurement of defense articles and defense services and shall
    be reimbursed by the amounts subsequently received from the
    country or international organization to whom articles or
    services are sold.
    ---------------------------------------------------------------------------
        \85\ Sec. 207(b) of the International Security Assistance and Arms
    Export Control Act of 1976 (Public Law 94-329; 90 Stat. 738) amended
    subsec. (b) by striking out the first sentence and adding in lieu
    thereof the words to this point. The first sentence of subsec. (b)
    formerly read as follows: ``(b) The President may, when he determines
    it to be in the national interest, accept a dependable undertaking of a
    foreign country or international organization with respect to any such
    sale, to make full payment within 120 days after delivery of the
    defense articles or the rendering of the defense services.''.
        Sec. 1007(b)(5) of the DOD Authorization Act, 1985 (Public Law 98-
    525; 98 Stat. 2579) waived the requirement under sec. 22 for payment in
    advance of delivery with respect to the purchase by the Federal
    Republic of Germany of one Patriot missile fire unit.
    ---------------------------------------------------------------------------
        (c) \86\ The provisions of the Renegotiation Act of 1951 do
    not apply to procurement contracts, heretofore or hereafter
    entered into under this section, section 29, or predecessor
    provisions of law.
    ---------------------------------------------------------------------------
        \86\ Subsec. (c), as added by sec. 17 of the International Security
    Assistance Act of 1978 (Public Law 95-384; 92 Stat. 740), was amended
    and restated by sec. 105(b)(2) of the International Security and
    Development Cooperation Act of 1980 (Public Law 96-553; 94 Stat. 3134).
    It formerly read as follows:
        ``(c) The provisions of the Renegotiation Act of 1951 do not apply
    to contracts for the procurement of defense articles and defense
    services heretofore or hereafter entered into under this section or
    predecessor provisions of law.''.
    ---------------------------------------------------------------------------
        (d) \87\ Competitive Pricing.--(1) \88\ Procurement
    contracts made in implementation of sales under this section
    for defense articles and defense services wholly paid for from
    funds made available on a nonrepayable basis shall be priced on
    the same costing basis with regard to profit, overhead,
    independent research and development, bid and proposal, and
    other costing elements, as is applicable to procurements of
    like items purchased by the Department of Defense for its own
    use.
    ---------------------------------------------------------------------------
        \87\ Sec. 531A(a) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
    Stat. 731), added subsec. (d). Subsecs. (b) and (c) of sec. 531A
    provided the following:
        ``(b) effective date and implementing regulations.--Section 22(d)
    of the Arms Export Control Act, as added by subsection (a)--
    ---------------------------------------------------------------------------

              ``(1) shall take effect on the 60th day following the date of
            the enactment of this Act;
              ``(2) shall be applicable only to contracts made in
            implementation of sales made after such effective date; and
              ``(3) shall be implemented by revised procurement
            regulations, which shall be issued prior to such effective
            date.
    ---------------------------------------------------------------------------
        ``(c) direct costs allowable.--Direct costs associated with meeting
    a foreign customer's additional or unique requirements will continue to
    be allowable under such contracts. Loadings applicable to such direct
    costs shall be permitted at the same rates applicable to procurement of
    like items purchased by the Department of Defense for its own use.''.
        Sec. 556 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2000 (H.R. 3422, enacted by reference in
    sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535), provided the
    following:
    ---------------------------------------------------------------------------

              ``COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES
    ---------------------------------------------------------------------------
        ``Sec. 556. Direct costs associated with meeting a foreign
    customer's additional or unique requirements will continue to be
    allowable under contracts under section 22(d) of the Arms Export
    Control Act. Loadings applicable to such direct costs shall be
    permitted at the same rates applicable to procurement of like items
    purchased by the Department of Defense for its own use.''.
        \88\ Sec. 1223 of the Security Assistance Act of 1999 (title XII of
    the Admiral James W. Nance and Meg Donovan Foreign Relations
    Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
    reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536))
    struck out ``Procurement contracts'', inserted in lieu thereof ``(1)
    Procurement contracts'', and added para. (2).
    ---------------------------------------------------------------------------
        (2) \88\ Direct costs associated with meeting additional or
    unique requirements of the purchaser shall be allowable under
    contracts described in paragraph (1). Loadings applicable to
    such direct costs shall be permitted at the same rates
    applicable to procurement of like items purchased by the
    Department of Defense for its own use.
        Sec. 23.\89\, \90\ Credit Sales.--(a) \91\ The
    President is authorized to finance the procurement of defense
    articles, defense services, and design and construction
    services by friendly foreign countries and international
    organizations, on such terms and conditions as he may determine
    consistent with the requirements of this section.
    Notwithstanding any other provision of law, and subject to the
    regular notification requirements of the Committees on
    Appropriations, the authority of this section may be used to
    provide financing to Israel and Egypt for the procurement by
    leasing (including leasing with an option to purchase) of
    defense articles from United States commercial suppliers, not
    including Major Defense Equipment (other than helicopters and
    other types of aircraft having possible civilian application),
    if the President determines that there are compelling foreign
    policy or national security reasons for those defense articles
    being provided by commercial lease rather than by government-
    to-government sale under this Act.\92\
    ---------------------------------------------------------------------------
        \89\ 22 U.S.C. 2763. Sec. 23 was amended and restated by sec. 102
    of the International Security and Development Cooperation Act of 1985
    (Public Law 99-83; 99 Stat. 195). It previously read as follows:
        ``The President is authorized to finance procurements of defense
    articles, defense services, and design and construction services by
    friendly foreign countries and international organizations on terms
    requiring the payment to the United States Government in United States
    dollars of--
        ``(1) the value of such articles or services within a period not to
    exceed twelve years after the delivery of such articles or the
    rendering of such services; and
        ``(2) interest on the unpaid balance of that obligation for payment
    of the value of such articles or services, at a rate equivalent to the
    current average interest rate, as of the last day of the month
    preceding the financing of such procurement that the United States
    Government pays on outstanding marketable obligations of comparable
    maturity, unless the President certifies to Congress that the national
    interest requires a lesser rate of interest and states in the
    certification the lesser rate so required and the justification
    therefor.''.
        Prior to that, sec. 45(a)(2) of the FA Act of 1974 amended sec. 23,
    which formerly read as follows: ``Sec. 23. Credit Sales.--The President
    is hereby authorized to finance procurements of defense articles and
    defense services by friendly countries and international organizations
    on terms of repayment to the United States Government of not less than
    the value thereof in the United States dollars within a period of not
    to exceed ten years after the delivery of the defense articles or the
    rendering of the defense services.''.
         \90\ Sec. 101(b) of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 193) provided an
    authorization for each of the fiscal years 1986 and 1987 of
    $5,371,000,000 to carry out sec. 23 and set a ceiling of $553,900,000
    for each fiscal year of the amount that may be made available at
    concessional interest rates.
        Sec. 101 of the Security Assistance Act of 2000 (Public Law 106-
    280; 114 Stat. 846) provided the following:
    ---------------------------------------------------------------------------

                   ``TITLE I--MILITARY AND RELATED ASSISTANCE

         ``Subtitle A--Foreign Military Sales and Financing Authorities
    ---------------------------------------------------------------------------
        ``SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
        ``There are authorized to be appropriated for grant assistance
    under section 23 of the Arms Export Control Act (22 U.S.C. 2763) and
    for the subsidy cost, as defined in section 502(5) of the Federal
    Credit Reform Act of 1990, of direct loans under such section
    $3,550,000,000 for fiscal year 2001 and $3,627,000,000 for fiscal year
    2002.''.
        See also title V of that Act, relating to integrated security
    assistance planning, particularly secs. 511, authorizing security
    assistance for the Czech Republic, Poland, and Hungary; sec. 513,
    authorizing ESF for Israel; sec. 514, authorizing ESF for Egypt; sec.
    515, authorizing security assistance for Estonia, Latvia, Lithuania,
    the Philippines, Georgia, Malta, Slovenia, Slovakia, Romania, Bulgaria,
    and Jordan; and sec. 516, authorizing border security and territorial
    independence assistance to Armenia and the ``group of countries that
    signed a protocol on quadrilateral cooperation on November 25, 1997,
    together with Uzbekistan.'' (GUUAM countries, as defined in sec.
    516(b)).
        Title II of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October
    24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429;
    114 Stat. 1900A-16), provided the following:
    ---------------------------------------------------------------------------

       ``NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
    ---------------------------------------------------------------------------
        ``For necessary expenses for nonproliferation, anti-terrorism and
    related programs and activities, $311,600,000, to carry out the
    provisions of chapter 8 of part II of the Foreign Assistance Act of
    1961 for anti-terrorism assistance, section 504 of the FREEDOM Support
    Act, section 23 of the Arms Export Control Act or the Foreign
    Assistance Act of 1961 for demining activities, the clearance of
    unexploded ordnance, the destruction of small arms, and related
    activities, notwithstanding any other provision of law, including
    activities implemented through nongovernmental and international
    organizations, section 301 of the Foreign Assistance Act of 1961 for a
    voluntary contribution to the International Atomic Energy Agency (IAEA)
    and a voluntary contribution to the Korean Peninsula Energy Development
    Organization (KEDO), and for a United States contribution to the
    Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided,
    That the Secretary of State shall inform the Committees on
    Appropriations at least 20 days prior to the obligation of funds for
    the Comprehensive Nuclear Test Ban Treaty Preparatory Commission:
    Provided further, That of this amount not to exceed $15,000,000, to
    remain available until expended, may be made available for the
    Nonproliferation and Disarmament Fund, notwithstanding any other
    provision of law, to promote bilateral and multilateral activities
    relating to nonproliferation and disarmament: Provided further, That
    such funds may also be used for such countries other than the
    Independent States of the former Soviet Union and international
    organizations when it is in the national security interest of the
    United States to do so: Provided further, That such funds shall be
    subject to the regular notification procedures of the Committees on
    Appropriations: Provided further, That funds appropriated under this
    heading may be made available for the International Atomic Energy
    Agency only if the Secretary of State determines (and so reports to the
    Congress) that Israel is not being denied its right to participate in
    the activities of that Agency: Provided further, That of the funds
    appropriated under this heading, $40,000,000 should be made available
    for demining, clearance of unexploded ordnance, and related activities:
    Provided further, That of the funds made available for demining and
    related activities, not to exceed $500,000, in addition to funds
    otherwise available for such purposes, may be used for administrative
    expenses related to the operation and management of the demining
    program.''.
        Title III of that Act (114 Stat. 1900A-18) provided the following:
    ---------------------------------------------------------------------------

                      ``FOREIGN MILITARY FINANCING PROGRAM
    ---------------------------------------------------------------------------
        ``For expenses necessary for grants to enable the President to
    carry out the provisions of section 23 of the Arms Export Control Act,
    $3,545,000,000: Provided, That of the funds appropriated under this
    heading, not less than $1,980,000,000 shall be available for grants
    only for Israel, and not less than $1,300,000,000 shall be made
    available for grants only for Egypt: Provided further, That the funds
    appropriated by this paragraph for Israel shall be disbursed within 30
    days of the enactment of this Act or by October 31, 2000, whichever is
    later: Provided further, That to the extent that the Government of
    Israel requests that funds be used for such purposes, grants made
    available for Israel by this paragraph shall, as agreed by Israel and
    the United States, be available for advanced weapons systems, of which
    not less than $520,000,000 shall be available for the procurement in
    Israel of defense articles and defense services, including research and
    development: Provided further, That of the funds appropriated by this
    paragraph, not less than $75,000,000 should be available for assistance
    for Jordan: Provided further, That of the funds appropriated by this
    paragraph, not less than $3,000,000 shall be made available for
    assistance for Malta: Provided further, That of the funds appropriated
    by this paragraph, not less than $8,500,000 shall be made available for
    assistance for Tunisia: Provided further, That during fiscal year 2001,
    the President is authorized to, and shall, direct the draw-downs of
    defense articles from the stocks of the Department of Defense, defense
    services of the Department of Defense, and military education and
    training of an aggregate value of not less than $5,000,000 under the
    authority of this proviso for Tunisia for the purposes of part II of
    the Foreign Assistance Act of 1961 and any amount so directed shall
    count toward meeting the earmark in the preceding proviso: Provided
    further, That of the funds appropriated by this paragraph, not less
    than $8,000,000 shall be made available for Georgia: Provided further,
    That during fiscal year 2001, the President is authorized to, and
    shall, direct the draw-downs of defense articles from the stocks of the
    Department of Defense, defense services of the Department of Defense,
    and military education and training of an aggregate value of not less
    than $4,000,000 under the authority of this proviso for Georgia for the
    purposes of part II of the Foreign Assistance Act of 1961 and any
    amount so directed shall count toward meeting the earmark in the
    preceding proviso: Provided further, That funds appropriated by this
    paragraph shall be nonrepayable notwithstanding any requirement in
    section 23 of the Arms Export Control Act: Provided further, That funds
    made available under this paragraph shall be obligated upon
    apportionment in accordance with paragraph (5)(C) of title 31, United
    States Code, section 1501(a).
        ``None of the funds made available under this heading shall be
    available to finance the procurement of defense articles, defense
    services, or design and construction services that are not sold by the
    United States Government under the Arms Export Control Act unless the
    foreign country proposing to make such procurements has first signed an
    agreement with the United States Government specifying the conditions
    under which such procurements may be financed with such funds:
    Provided, That all country and funding level increases in allocations
    shall be submitted through the regular notification procedures of
    section 515 of this Act: Provided further, That none of the funds
    appropriated under this heading shall be available for assistance for
    Sudan and Liberia: Provided further, That funds made available under
    this heading may be used, notwithstanding any other provision of law,
    for demining, the clearance of unexploded ordnance, and related
    activities, and may include activities implemented through
    nongovernmental and international organizations: Provided further, That
    none of the funds appropriated under this heading shall be available
    for assistance for Guatemala: Provided further, That only those
    countries for which assistance was justified for the `Foreign Military
    Sales Financing Program' in the fiscal year 1989 congressional
    presentation for security assistance programs may utilize funds made
    available under this heading for procurement of defense articles,
    defense services or design and construction services that are not sold
    by the United States Government under the Arms Export Control Act:
    Provided further, That funds appropriated under this heading shall be
    expended at the minimum rate necessary to make timely payment for
    defense articles and services: Provided further, That not more than
    $33,000,000 of the funds appropriated under this heading may be
    obligated for necessary expenses, including the purchase of passenger
    motor vehicles for replacement only for use outside of the United
    States, for the general costs of administering military assistance and
    sales: Provided further, That not more than $340,000,000 of funds
    realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act
    may be obligated for expenses incurred by the Department of Defense
    during fiscal year 2001 pursuant to section 43(b) of the Arms Export
    Control Act, except that this limitation may be exceeded only through
    the regular notification procedures of the Committees on
    Appropriations: Provided further, That foreign military financing
    program funds estimated to be outlayed for Egypt during fiscal year
    2001 shall be transferred to an interest bearing account for Egypt in
    the Federal Reserve Bank of New York within 30 days of enactment of
    this Act or by October 31, 2000, whichever is later: Provided further,
    That the Committees on Appropriations shall be informed at least 10
    days prior to the obligation of any interest accrued by the account
    established by the previous proviso.''.
        Title VI of that Act (114 Stat. 1900A-63), relating to emergency
    supplemental appropriations, provided the following:
    ---------------------------------------------------------------------------

                      ``Foreign Military Financing Program
    ---------------------------------------------------------------------------
        ``For an additional amount for `Foreign Military Financing
    Program', to enable the President to carry out section 23 of the Arms
    Export Control Act, $31,000,000, to remain available until September
    30, 2002, for grants to countries of the Balkans and southeast Europe:
    Provided, That funds appropriated in this paragraph shall be made
    available notwithstanding section 10 of Public Law 91-672 and section
    15 of the State Department Basic Authorities Act of 1956: Provided
    further, That funds made available under this heading shall be
    nonrepayable, notwithstanding sections 23(b) and 23(c) of the Act:
    Provided further, That the entire amount is designated by the Congress
    as an emergency requirement pursuant to section 251(b)(2)(A) of the
    Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
    Provided further, That the amount provided shall be available only to
    the extent that an official budget request that includes designation of
    the entire amount as an emergency requirement pursuant to section
    251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
    of 1985, as amended, is transmitted by the President to the
    Congress.''.
        Title V of that Act (114 Stat. 1900A-24, 26) provided the
    following:
    ---------------------------------------------------------------------------

                     ``DEOBLIGATION/REOBLIGATION AUTHORITY
    ---------------------------------------------------------------------------
        ``Sec. 510. Obligated balances of funds appropriated to carry out
    section 23 of the Arms Export Control Act as of the end of the fiscal
    year immediately preceding the current fiscal year are, if deobligated,
    hereby continued available during the current fiscal year for the same
    purpose under any authority applicable to such appropriations under
    this Act: Provided, That the authority of this subsection may not be
    used in fiscal year 2001.
    ---------------------------------------------------------------------------
              * * * * * * *

                          ``NOTIFICATION REQUIREMENTS
    ---------------------------------------------------------------------------
        ``Sec. 515. * * * Provided, That the President shall not enter into
    any commitment of funds appropriated for the purposes of section 23 of
    the Arms Export Control Act for the provision of major defense
    equipment, other than conventional ammunition, or other major defense
    items defined to be aircraft, ships, missiles, or combat vehicles, not
    previously justified to Congress or 20 percent in excess of the
    quantities justified to Congress unless the Committees on
    Appropriations are notified 15 days in advance of such commitment: * *
    *''.
         \91\ The Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on
    October 24, 2000, enacted by reference in sec. 101(a) of Public Law
    106-429; 114 Stat. 1900A-59), provided the following:
    ---------------------------------------------------------------------------

                    ``COMMERCIAL LEASING OF DEFENSE ARTICLES
    ---------------------------------------------------------------------------
        ``Sec. 589. Notwithstanding any other provision of law, and subject
    to the regular notification procedures of the Committees on
    Appropriations, the authority of section 23(a) of the Arms Export
    Control Act may be used to provide financing to Israel, Egypt and NATO
    and major non-NATO allies for the procurement by leasing (including
    leasing with an option to purchase) of defense articles from United
    States commercial suppliers, not including Major Defense Equipment
    (other than helicopters and other types of aircraft having possible
    civilian application), if the President determines that there are
    compelling foreign policy or national security reasons for those
    defense articles being provided by commercial lease rather than by
    government-to-government sale under such Act.''.
        \92\ The last sentence of subsec. (a) was added by sec. 572 of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1988 (Continuing Appropriations for 1988, Public
    Law 100-202).
    ---------------------------------------------------------------------------
        (b) The President shall require repayment in United States
    dollars within a period not to exceed twelve years \93\ after
    the loan agreement with the country or international
    organization is signed on behalf of the United States
    Government, unless a longer period is specifically authorized
    by statute for that country or international organization.
    ---------------------------------------------------------------------------
        \93\ Sec. 208(a) of the International Security Assistance and Arms
    Export Control Act of 1976 (Public Law 94-329; 90 Stat. 739) originally
    substituted ``twelve years'' in lieu of ``ten years''. Sec. 208(b) of
    the same Act went on to say, ``The amendment made by subsection (a)
    shall apply with respect to financing under agreements entered into on
    or after the date of enactment of this Act for the procurement of
    defense articles to be delivered, or defense services to be rendered,
    after such date''.
    ---------------------------------------------------------------------------
        (c)(1) The President shall charge interest under this
    section at such rate as he may determine, except that such rate
    may not be less than 5 percent per year.
        (2) For purposes of financing provided under this section--
              (A) the term ``concessional rate of interest'' means
            any rate of interest which is less than market rates of
            interest; and
              (B) the term ``market rate of interest'' means any
            rate of interest which is equal to or greater than the
            current average interest rate (as of the last day of
            the month preceding the financing of the procurement
            under this section) that the United States Government
            pays on outstanding marketable obligations of
            comparable maturity.
        (d) References in any law to credits extended under this
    section shall be deemed to include reference to participations
    in credits.
        (e) \94\ (1) Funds made available to carry out this section
    may be used by a foreign country to make payments of principal
    and interest which it owes to the United States Government on
    account of credits previously extended under this section or
    loans previously guaranteed under section 24, subject to
    paragraph (2).
    ---------------------------------------------------------------------------
        \94\ Subsec. (e) was added by sec. 580 of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1991 (Public
    Law 101-513; 104 Stat. 2045).
    ---------------------------------------------------------------------------
        (2) Funds made available to carry out this section may not
    be used for prepayment of principal or interest pursuant to the
    authority of paragraph (1).
        (f) \95\ For each fiscal year, the Secretary of Defense, as
    requested by the Director of the Defense Security Assistance
    Agency, shall conduct audits on a nonreimbursable basis of
    private firms that have entered into contracts with foreign
    governments under which defense articles, defense services, or
    design and construction services are to be procured by such
    firms for such governments from financing under this section.
    ---------------------------------------------------------------------------
        \95\ Sec. 102(a) of Public Law 104-164 (110 Stat. 1422) added
    subsec. (f).
    ---------------------------------------------------------------------------
        (g) \96\ (1) For each country and international
    organization that has been approved for cash flow financing
    under this section, any letter of offer and acceptance or other
    purchase agreement, or any amendment thereto, for a procurement
    of defense articles, defense services, or design and
    construction services in excess of $100,000,000 that is to be
    financed in whole or in part with funds made available under
    this Act or the Foreign Assistance Act of 1961 shall be
    submitted to the congressional committees specified in section
    634A(a) of the Foreign Assistance Act of 1961 in accordance
    with the procedures applicable to reprogramming notifications
    under that section.
    ---------------------------------------------------------------------------
        \96\ Sec. 102(b) of Public Law 104-164 (110 Stat. 1422) added
    subsec. (g).
    ---------------------------------------------------------------------------
        (2) For purposes of this subsection, the term ``cash flow
    financing'' has the meaning given such term in subsection (d)
    of section 25, as added by section 112(b) of Public Law 99-83.
        (h) \97\ Of the amounts made available for a fiscal year to
    carry out this section, not more than $100,000,000 for such
    fiscal year may be made available for countries other than
    Israel and Egypt for the purpose of financing the procurement
    of defense articles, defense services, and design and
    construction services that are not sold by the United States
    Government under this Act.
    ---------------------------------------------------------------------------
        \97\ Sec. 102(c) of Public Law 104-164 (110 Stat. 1422) added
    subsec. (h).
    ---------------------------------------------------------------------------
        Sec. 24.\98\ Guaranties.--(a) The President may guarantee
    any individual, corporation, partnership, or other juridical
    entity doing business in the United States (excluding United
    States Government agencies other than the Federal Financing
    Bank) \99\ against political and credit risks of nonpayment
    arising out of their financing of credit sales of defense
    articles, defense services, and design and construction
    services \75\ to friendly countries and international
    organizations. Fees shall be charged for such guaranties.
    ---------------------------------------------------------------------------
        \98\ 22 U.S.C. 2764.
        \99\ Sec. 45(a)(3) of the FA Act of 1974 inserted ``(excluding
    United States Government agencies other than the Federal Financing
    Bank)'' in lieu of ``(excluding United States Government agencies)''.
    ---------------------------------------------------------------------------
        (b) The President may sell to any individual, corporation,
    partnership, or other juridical entity (excluding United States
    Government agencies other than the Federal Financing Bank) \99\
    promissory notes issued by friendly countries and international
    organizations as evidence of their obligations to make
    repayments to the United States on account of credit sales
    financed under section 23, and may guarantee payment thereof.
        (c) \100\ Funds obligated under this section before the
    date of enactment of the International Security and Development
    Cooperation Act of 1980 which constitute a single reserve for
    the payment of claims under guaranties issued under this
    section shall remain available for expenditure for the purposes
    of this section on and after that date. That single reserve
    may, on and after the date of enactment of the International
    Security and Development Cooperation Act of 1985, be referred
    to as the ``Guaranty Reserve Fund.'' Funds provided for
    necessary expenses to carry out the provisions of section 23 of
    the Arms Export Control Act and of section 503 of the Foreign
    Assistance Act of 1961, as amended, may be used to pay claims
    on the Guaranty Reserve Fund to the extent that funds in the
    Guaranty Reserve Fund are inadequate for that purpose.
    ---------------------------------------------------------------------------
        \100\ Subsec. (c), as amended by the FA Act of 1973 and the FA Act
    of 1974, was further amended and restated by sec. 104(a) of the
    International Security and Development Cooperation Act of 1980 (Public
    Law 96-533; 94 Stat. 3132). It formerly read as follows:
        ``(c) Funds made available to carry out this Act shall be obligated
    in an amount equal to 10 per centum of the principal amount of
    contractual liability related to any guaranty issued under this
    section, and all the funds so obligated shall constitute a single
    reserve for the payment of claims under such guaranties. Any funds so
    obligated which are deobligated from time to time during any current
    fiscal year as being in excess of the amount necessary to maintain a
    fractional reserve of 10 per centum in the principal amount of
    contractual liability under outstanding guaranties shall be transferred
    to the general fund of the Treasury. Any guaranties issued hereunder
    shall be backed by the full faith and credit of the United States.''.
        Sec. 106 (b) and (c) of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 196) amended
    subsec. (c) by deleting the following text:
        ``The President shall report promptly to the Congress whenever the
    payment of a claim under any such guaranty reduces the total amount of
    funds in the single reserve under this subsection to an amount less
    than $750,000,000, together with his recommendations for the
    authorization of appropriations of additional funds for such
    reserve.''.
        It also added the text beginning with ``That single reserve'' and
    continued with the following:
        ``Funds authorized to be appropriated by section 31(a) to carry out
    this Act which are allocated for credits at market rates of interest
    may be used to pay claims under such guarantees to the extent funds in
    the Guaranty Reserve Fund are inadequate for that purpose.''.
        The Supplemental Appropriations Act, 1987 (Public Law 100-71; 101
    Stat. 409), deleted this text and replaced it with the present
    language.
    ---------------------------------------------------------------------------
        For purposes of any provision in this Act or any other Act
    relating to a prohibition or limitation on the availability of
    funds under this Act, whenever a guaranty is issued under this
    section, the principal amount of the loan so guaranteed shall
    be deemed to be funds made available for use under this Act.
    Any guaranties issued hereunder shall be backed by the full
    faith and credit of the United States.
        Sec. 25.\101\ Annual Estimate and Justification for Sales
    Program.--(a) Except as provided in subsection (d) of this
    section,\102\ no later than February 1 of each year, the
    President shall transmit to the appropriate congressional
    committees,\103\ as a part of the annual presentation materials
    for security assistance programs proposed for the next fiscal
    year, a report which sets forth--
    ---------------------------------------------------------------------------
        \101\ 22 U.S.C. 2765. Popularly referred to as the ``Javits
    report''. Sec. 25, as added by sec. 209(a) of Public Law 94-329 (90
    Stat. 739), amended by sec. 18 of Public Law 95-384 (92 Stat. 740),
    secs. 13 and 14 of Public Law 96-92 (93 Stat. 706), by secs. 104 and
    107 of Public Law 96-533 (94 Stat. 3183), was amended and restated by
    sec. 732 of the International Security and Development Cooperation Act
    of 1981 (Public Law 97-113; 95 Stat. 1557). The previous text of sec.
    25 required information similar to that specified in new paragraphs (1)
    through (4), (7), and (8). Much of the remaining information now
    required by sec. 25, was formerly required by other statutes as
    follows: par. (6)--sec. 43(c) of the Arms Export Control Act; par.
    (9)--sec. 668 of the Foreign Assistance Act of 1961; par. (10)--sec.
    714 of the International Security and Development Cooperation Act of
    1980; and par. (11)--sec. 634(a)(4) of the Foreign Assistance Act of
    1961.
        \102\ Subsec. (d) and the reference to it at the beginning of
    subsec. (a) were added by secs. 113 (1) and (2) of the International
    Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
    Stat. 198).
        \103\ Sec. 519(1) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
    Stat. 2411), struck out ``Congress'' and inserted in lieu thereof
    ``appropriate congressional committees''.
    ---------------------------------------------------------------------------
              (1) \104\ an Arms Sales Proposal covering all sales
            and licensed commercial exports under this Act of major
            weapons or weapons-related defense equipment for
            $7,000,000 or more, or of any other weapons or weapons-
            related defense equipment for $25,000,000 or more,
            which are considered eligible for approval during the
            current calendar year, together with an indication of
            which sales and licensed commercial exports are deemed
            most likely actually to result in the issuance of a
            letter of offer or of an export license during such
            year;
    ---------------------------------------------------------------------------
        \104\ Sec. 519 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1995 (Public Law 103-306; 108
    Stat. 1631), provided the following:
    ---------------------------------------------------------------------------

                            ``REPORTING REQUIREMENT
    ---------------------------------------------------------------------------
        ``Sec. 519. The President shall submit to the Committees on
    Appropriations the reports required by section 25(a)(1) of the Arms
    Export Control Act.''.
    ---------------------------------------------------------------------------
              (2) an estimate of the total amount of sales and
            licensed commercial exports expected to be made to each
            foreign nation from the United States;
              (3) the United States national security
            considerations involved in expected sales or licensed
            commercial exports to each country, an analysis of the
            relationship between anticipated sales to each country
            and arms control efforts concerning such country and an
            analysis of the impact of such anticipated sales on the
            stability of the region that includes such country;
              (4) an estimate with regard to the international
            volume of arms traffic to and from nations purchasing
            arms as set forth in paragraphs (1) and (2) of this
            subsection, together with best estimates of the sale
            and delivery of weapons and weapons-related defense
            equipment by all major arms suppliers to all major
            recipient countries during the preceding fiscal year;
              (5)(A) \105\ an estimate of the aggregate dollar
            value and quantity of defense articles and defense
            services, military education and training, grant
            military assistance, and credits and guarantees, to be
            furnished by the United States to each foreign country
            and international organization in the next fiscal year;
            and
    ---------------------------------------------------------------------------
        \105\ Subpar. (B) and the designation for subpar. (A) were added by
    sec. 112(a) of the International Security and Development Cooperation
    Act of 1985 (Public Law 99-83; 99 Stat. 198).
    ---------------------------------------------------------------------------
              (B) \105\ for each country that is proposed to be
            furnished credits or guaranties under this Act in the
            next fiscal year and that has been approved for cash
            flow financing (as defined in subsection (d) of this
            section) in excess of $100,000,000 as of October 1 of
            the current fiscal year--
                      (i) the amount of such approved cash flow
                    financing,
                      (ii) a description of administrative ceilings
                    and controls applied, and
                      (iii) a description of the financial
                    resources otherwise available to such country
                    to pay such approved cash flow financing;
              (6) an analysis and description of the services
            performed during the preceding fiscal year by officers
            and employees of the United States Government carrying
            out functions on a full-time basis under this Act for
            which reimbursement is provided under section 43(b) or
            section 21(a) of this Act, including the number of
            personnel involved in performing such services;
              (7) the total amount of funds in the reserve under
            section 24(c) at the end of the fiscal year immediately
            preceding the fiscal year in which a report under this
            section is made, together with an assessment of the
            adequacy of such total amount of funds as a reserve for
            the payment of claims under guaranties issued pursuant
            to section 24 in view of the current debt servicing
            capacity of borrowing countries, as reported to the
            Congress pursuant to section 634(a)(5) of the Foreign
            Assistance Act of 1961;
              (8) a list of all countries with respect to which
            findings made by the President pursuant to section
            3(a)(1) of this Act are in effect on the date of such
            transmission;
              (9) the progress made under the program of the
            Republic of Korea to modernize its armed forces, the
            role of the United States in mutual security efforts in
            the Republic of Korea and the military balance between
            the People's Republic of Korea and the Republic of
            Korea;
              (10) the amount and nature of Soviet military
            assistance to the armed forces of Cuba during the
            preceding fiscal year and the military capabilities of
            those armed forces;
              (11) the status of each loan and each contract of
            guaranty or insurance theretofore made under the
            Foreign Assistance Act of 1961, predecessor Acts, or
            any Act authorizing international security assistance,
            with respect to which there remains outstanding any
            unpaid obligation or potential liability; the status of
            each extension of credit for the procurement of defense
            articles or defense services, and of each contract of
            guaranty in connection with any such procurement,
            theretofore made under the Arms Export Control Act with
            respect to which there remains outstanding any unpaid
            obligation or potential liability; \106\
    ---------------------------------------------------------------------------
        \106\ Sec. 102(d) of Public Law 104-164 (110 Stat. 1423) struck out
    ``and'' at the end of para. (11); redesignated para. (12) as para.
    (13); and added a new para. (12).
    ---------------------------------------------------------------------------
              (12) \106\ (A) a detailed accounting of all articles,
            services, credits, guarantees, or any other form of
            assistance furnished by the United States to each
            country and international organization, including
            payments to the United Nations, during the preceding
            fiscal year for the detection and clearance of
            landmines, including activities relating to the
            furnishing of education, training, and technical
            assistance for the detection and clearance of
            landmines; and
              (B) for each provision of law making funds available
            or authorizing appropriations for demining activities
            described in subparagraph (A), an analysis and
            description of the objectives and activities undertaken
            during the preceding fiscal year, including the number
            of personnel involved in performing such activities;
            and
              (13) \106\ such other information as the President
            may deem necessary.
        (b) Not later than thirty days following the receipt of a
    request made by any of the congressional committees described
    in subsection (e) \107\ of the House of Representatives for
    additional information with respect to any information
    submitted pursuant to subsection (a), the President shall
    submit such information to such committee.
    ---------------------------------------------------------------------------
        \107\ Sec. 519(2) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
    Stat. 2411), struck out ``the Committee on Foreign Relations of the
    Senate or the Committee on Foreign Affairs'' and inserted in lieu
    thereof ``any of the congressional committees described in subsection
    (e)''.
    ---------------------------------------------------------------------------
        (c) The President shall make every effort to submit all of
    the information required by subsection (a) or (b) wholly in
    unclassified form. Whenever the President submits any such
    information in classified form, he shall submit such classified
    information in an addendum and shall also submit simultaneously
    a detailed summary, in unclassified form, of such classified
    information.
        (d) \102\ The information required by subsection (a)(4) of
    this section shall be transmitted to the Congress no later than
    April 1 of each year.
        (d) \108\ For the purposes of subsection (a)(5)(B) of this
    section, the term ``cash flow financing'' means the dollar
    amount of the difference between the total estimated price of a
    Letter of Offer and Acceptance or other purchase agreement that
    has been approved for financing under this Act or under section
    503(a)(3) of the Foreign Assistance Act of 1961 and the amount
    of the financing that has been approved therefor; \108\
    ---------------------------------------------------------------------------
        \108\ Subsec. (d), which probably should read subsec. (e), was
    added to the end of sec. 25 by sec. 112(b) of the International
    Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
    Stat. 198). It should probably end with a period instead of a
    semicolon.
    ---------------------------------------------------------------------------
        (e) \109\ As used in this section, the term ``appropriate
    congressional committees'' means the Committee on Foreign
    Relations and the Committee on Appropriations of the Senate and
    the Committee on International Relations and the Committee on
    Appropriations of the House of Representatives.
    ---------------------------------------------------------------------------
        \109\ Sec. 519(3) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
    Stat. 2411), added subsec. (e).
    ---------------------------------------------------------------------------
        Sec. 26.\110\ Security Assistance \111\ Surveys.--(a) The
    Congress finds that surveys prepared by the United States for
    foreign countries have had a significant impact on subsequent
    military procurement decisions of those countries. It is the
    policy of the United States that the results of security
    assistance \111\ surveys conducted by the United States clearly
    do not represent a commitment by the United States to provide
    any military equipment to any foreign country. Further,
    recommendations in such surveys should be consistent with the
    arms export control policy provided for in this Act.
    ---------------------------------------------------------------------------
        \110\ 22 U.S.C. 2766. Sec. 26 was added by sec. 19 of the
    International Security Assistance Act of 1978 (Public Law 95-384; 92
    Stat. 740).
        \111\ The term ``security assistance'' was inserted in lieu of
    ``defense requirement'' by sec. 114 (a)(1) and (2) of the International
    Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
    Stat. 198).
    ---------------------------------------------------------------------------
        (b) As part of the quarterly report required by section
    36(a) of this Act, the President shall include a list of all
    security assistance surveys authorized during the preceding
    calendar quarter, specifying the country with respect to which
    the survey was or will be conducted, the purpose of the survey,
    and the number of United States Government personnel who
    participated or will participate in the survey.
        (c) Upon a request of the chairman of the Committee on
    Foreign Affairs \112\ of the House of Representatives or the
    chairman of the Committee on Foreign Relations of the Senate,
    the President shall submit to that committee copies of \113\
    security assistance \111\ surveys conducted by United States
    Government personnel.
    ---------------------------------------------------------------------------
        \112\ Sec. 9(a)(7) of the USC Technical Amendments (Public Law 103-
    437; 108 Stat. 4588) struck out ``International Relations'' and
    inserted in lieu thereof ``Foreign Affairs''. Subsequently, sec.
    1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that references
    to the Committee on Foreign Affairs of the House of Representatives
    shall be treated as referring to the Committee on International
    Relations of the House of Representatives.
        \113\ Sec. 114(b) of Public Law 99-83 (99 Stat. 199) inserted
    ``submit to that committee copies of'' in lieu of ``grant that
    committee access to''.
    ---------------------------------------------------------------------------
        (d) \114\ As used in this section, the term ``security
    assistance surveys'' means any survey or study conducted in a
    foreign country by United States Government personnel for the
    purpose of assessing the needs of that country for security
    assistance, and includes defense requirement surveys, site
    surveys, general surveys or studies, and engineering assessment
    surveys.
    ---------------------------------------------------------------------------
        \114\ Sec. 114(a)(3) of Public Law 99-83 (99 Stat. 198) added
    subsec. (d).
    ---------------------------------------------------------------------------
        Sec. 27.\115\ Authority of President to Enter into
    Cooperative Projects with Friendly Foreign Countries.--(a) The
    President may enter into a cooperative project agreement with
    the North Atlantic Treaty Organization or with one or more
    member countries of that Organization.
    ---------------------------------------------------------------------------
        \115\ 22 U.S.C. 2767. Sec. 27 was added by sec. 15 of the
    International Security Assistance Act of 1979 (Public Law 96-92; 93
    Stat. 706). It was amended and restated by sec. 115 of the
    International Security and Development Cooperation Act of 1985 (Public
    Law 99-83; 99 Stat. 199), at which time it was titled ``North Atlantic
    Treaty Organization Cooperative Projects.'' Its current heading was
    added by sec. 1103(a)(2) of Public Law 99-661 (100 Stat. 3816).
    ---------------------------------------------------------------------------
        (b) As used in this section--
              (1) the term ``cooperative project'' in the case of
            an agreement with the North Atlantic Treaty
            Organization \116\ or with one or more member countries
            of that Organization, means a jointly managed
            arrangement, described in a written agreement among the
            parties, which is undertaken in order to further the
            objectives of standardization, rationalization, and
            interoperability of the armed forces of North Atlantic
            Treaty Organization member countries forces and which
            provides--
    ---------------------------------------------------------------------------
        \116\ The words ``in the case of * * * Organization'' were added by
    sec. 1103(a)(1)(A)(i) of Public Law 99-661 (100 Stat. 3816).
    ---------------------------------------------------------------------------
                      (A) for one or more of the other participants
                    to share with the United States the costs of
                    research on and development, testing,
                    evaluation, or joint production (including
                    follow-on support) of certain defense articles;
                      (B) for concurrent production in the United
                    States and in another member country of a
                    defense article jointly developed in accordance
                    with subparagraph (A); or
                      (C) for procurement by the United States of a
                    defense article or defense service from another
                    member country or for procurement by the United
                    States of munitions from the North Atlantic
                    Treaty Organization or a subsidiary of such
                    organization; \117\
    ---------------------------------------------------------------------------
        \117\ The words to this point beginning with ``or for procurement''
    were added by sec. 1022 of Public Law 100-180 (101 Stat. 1144).
    ---------------------------------------------------------------------------
              (2) \118\ the term ``cooperative project'', in the
            case of an agreement entered into under subsection (j),
            means a jointly managed arrangement, described in a
            written agreement among the parties, which is
            undertaken in order to enhance the ongoing
            multinational effort of the participants to improve the
            conventional defense capabilities of the participants
            and which provides--
    ---------------------------------------------------------------------------
        \118\ Sec. 1103(a)(1)(A)(iv) of Public Law 99-661 (100 Stat. 3816)
    added par. (2) and redesignated the previous par. (2) as par. (3).
    ---------------------------------------------------------------------------
                      (A) for one or more of the other participants
                    to share with the United States the costs of
                    research on and development, testing,
                    evaluation, or joint production (including
                    follow-on support) of certain defense articles;
                      (B) for concurrent production in the United
                    States and in the country of another
                    participant of a defense article jointly
                    developed in accordance with subparagraph (A);
                    or
                      (C) for procurement by the United States of a
                    defense article or defense service from another
                    participant to the agreement; and
              (3) \118\ the term ``other participant'' means a
            participant in a cooperative project other than the
            United States.
        (c) Each agreement for a cooperative project shall provide
    that the United States and each of the other participants will
    contribute to the cooperative project its equitable share of
    the full cost of such cooperative project and will receive an
    equitable share of the results of such cooperative project. The
    full costs of such cooperative project shall include overhead
    costs, administrative costs, and costs of claims.\119\ The
    United States and the other participants may contribute their
    equitable shares of the full cost of such cooperative project
    in funds or in defense articles or defense services needed for
    such cooperative project. Military assistance and financing
    received from the United States Government may not be used by
    any other participant to provide its share of the cost of such
    cooperative project. Such agreements shall provide that no
    requirement shall be imposed by a participant for worksharing
    or other industrial or commercial compensation in connection
    with such agreement that is not in accordance with such
    agreement.
    ---------------------------------------------------------------------------
        \119\ Sec. 843(a) of the National Defense Authorization Act for
    Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2468) struck out ``and
    administrative costs'' and inserted in lieu thereof ``costs,
    administrative costs, and costs of claims''. Sec. 843(c) of that Act
    further provided:
        ``(c) Termination.--On the date which is two years after the date
    of the enactment of this Act [October 23, 1992], subsections (a) and
    (b) shall cease to be in effect, and section 27(c) of the Arms Export
    Control Act and section 2350a of title 10, United States Code, shall
    read as if such subsections had not been enacted.''.
        Sec. 1318 of the National Defense Authorization Act for Fiscal Year
    1995 (Public Law 103-337; 108 Stat. 2902), however, repealed sec.
    843(c), making permanent the authority for the Department of Defense to
    share the cost of claims under international armaments cooperative
    programs.
    ---------------------------------------------------------------------------
        (d) The President may enter into contracts or incur other
    obligations for a cooperative project on behalf of the other
    participants, without charge to any appropriation or contract
    authorization, if each of the other participants in the
    cooperative project agrees (1) to pay its equitable share of
    the contract or other obligation, and (2) to make such funds
    available in such amounts and at such times as may be required
    by the contract or other obligation and to pay any damages and
    costs that may accrue from the performance of or cancellation
    of the contract or other obligation in advance of the time such
    payments, damages, or costs are due.
        (e)(1) For those cooperative projects entered into on or
    after the effective date of the International Security and
    Development Cooperation Act of 1985, the President may reduce
    or waive the charge or charges which would otherwise be
    considered appropriate under section 21(e) of this Act in
    connection with sales under sections 21 and 22 of this Act when
    such sales are made as part of such cooperative project, if the
    other participants agree to reduce or waive corresponding
    charges.
        (2) Notwithstanding provisions of section 21(e)(1)(A) and
    section 43(b) of this Act, administrative surcharges shall not
    be increased on other sales made under this Act in order to
    compensate for reductions or waivers of such surcharges under
    this section. Funds received pursuant to such other sales shall
    not be available to reimburse the costs incurred by the United
    States Government for which reduction or waiver is approved by
    the President under this section.
        (f) Not less than 30 days before a cooperative project
    agreement is signed on behalf of the United States, the
    President shall transmit to the Speaker of the House of
    Representatives, the chairman of the Committee on Foreign
    Relations of the Senate, and the chairman of the Committee on
    Armed Services of the Senate, a numbered certification with
    respect to such proposed agreement, setting forth--
              (1) a detailed description of the cooperative project
            with respect to which the certification is made;
              (2) an estimate of the quantity of the defense
            articles expected to be produced in furtherance of such
            cooperative project;
              (3) an estimate of the full cost of the cooperative
            project, with an estimate of the part of the full cost
            to be incurred by the United States Government,
            including an estimate of the costs as a result of
            waivers of section 21(e)(1)(A) and 43(b) of this
            Act,\120\ for its participation in such cooperative
            project and an estimate of that part of the full costs
            to be incurred by the other participants;
    ---------------------------------------------------------------------------
        \120\ The words to this point beginning with ``including'' were
    added by sec. 1103(a)(1)(B) of Public Law 99-661 (100 Stat. 3816).
    ---------------------------------------------------------------------------
              (4) an estimate of the dollar value of the funds to
            be contributed by the United States and each of the
            other participants on behalf of such cooperative
            project;
              (5) a description of the defense articles and defense
            services expected to be contributed by the United
            States and each of the other participants on behalf of
            such cooperative project;
              (6) a statement of the foreign policy and national
            security benefits anticipated to be derived from such
            cooperative project; and
              (7) to the extent known, whether it is likely that
            prime contracts will be awarded to particular prime
            contractors or that subcontracts will be awarded to
            particular subcontractors to comply with the proposed
            agreement.
        (g) In the case of a cooperative project with a North
    Atlantic Treaty Organization country, section \121\ 36(b) of
    this Act shall not apply to sales made under section 21 or 22
    of this Act and to production and exports made pursuant to
    cooperative projects under this section, and section 36(c) of
    this Act shall not apply to the issuance of licenses or other
    approvals under section 38 of this Act, if such sales are made,
    such production and exports ensue, or such licenses or
    approvals are issued, as part of a cooperative project.
    ---------------------------------------------------------------------------
        \121\ The words to this point beginning with ``In the case of''
    were added by sec. 1103(a)(1)(c) of Public Law 99-661 (100 Stat. 3816).
    ---------------------------------------------------------------------------
        (h) The authority under this section is in addition to the
    authority under sections 21 and 22 of this Act and under any
    other provision of law.
        (i)(1) With the approval of the Secretary of State and the
    Secretary of Defense, a cooperative agreement which was entered
    into by the United States before the effective date of the
    amendment to this section made by the International Security
    and Development Cooperation Act of 1985 and which meets the
    requirements of this section as so amended may be treated on
    and after such date as having been made under this section as
    so amended.
        (2) Notwithstanding the amendment made to this section made
    by the International Security and Development Cooperation Act
    of 1985, projects entered into under the authority of this
    section before the effective date of that amendment may be
    carried through to conclusion in accordance with the terms of
    this section as in effect immediately before the effective date
    of that amendment.
        (j) \122\ (1) The President may enter into a cooperative
    project agreement with any friendly foreign country not a
    member of the North Atlantic Treaty Organization under the same
    general terms and conditions as the President is authorized to
    enter into such an agreement with one or more member countries
    of the North Atlantic Treaty Organization if the President
    determines that the cooperative project agreement with such
    country would be in the foreign policy or national security
    interests of the United States.
    ---------------------------------------------------------------------------
        \122\ Subsec. (j) was added by sec. 1103(a)(1)(D) of Public Law 99-
    661 (100 Stat. 3816).
    ---------------------------------------------------------------------------
        (2) Not later than January 1 of each year, the President
    shall submit to the Committees on Armed Services and Foreign
    Relations of the Senate and to the Committees on Armed Services
    and Foreign Affairs \123\ of the House of Representatives a
    report specifying (A) the countries eligible for participation
    in such a cooperative project agreement under this subsection,
    and (B) the criteria used to determine the eligibility of such
    countries.
    ---------------------------------------------------------------------------
        \123\ 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. 28.\124\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \124\ Formerly at 22 U.S.C. 2768. Sec. 28--Reports on Price and
    Availability Estimates--was repealed by sec. 1064(a) of the National
    Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
    Stat. 445).
    ---------------------------------------------------------------------------

             Chapter 2A--FOREIGN MILITARY CONSTRUCTION SALES \125\

        Sec. 29.\126\ Foreign Military Construction Sales.--The
    President may sell design and construction services to any
    eligible foreign country or international organization if such
    country or international organization agrees to pay in United
    States dollars not less than the full cost to the United States
    Government of furnishing such services. Payment shall be made
    to the United States Government in advance of the performance
    of such services by officers or employees of the United States
    Government. The President may, without requirement for charge
    to any appropriation or contract authorization otherwise
    provided, enter into contracts for the procurement of design
    and construction services for sale under this section if such
    country or international organization provides the United
    States Government with a dependable undertaking (1) to pay the
    full amount of such contract which will assure the United
    States Government against any loss on the contract, and (2) to
    make funds available in such amounts and at such time as may be
    required to meet the payments required by the contract and any
    damages and costs that may accrue from the cancellation of such
    contract, in advance of the time such payments, damages, or
    costs are due.
    ---------------------------------------------------------------------------
        \125\ Chapter 2A was added by sec. 105 of the International
    Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
    Stat. 3133).
        \126\ 22 U.S.C. 2769.
    ---------------------------------------------------------------------------

    Chapter 2B--SALES TO UNITED STATES COMPANIES FOR INCORPORATION INTO END
                                     ITEMS

        Sec. 30.\127\ General Authority.--(a) Subject to the
    conditions specified in subsection (b) of this section, the
    President may, on a negotiated contract basis, under cash terms
    (1) sell defense articles at not less than their estimated
    replacement cost (or actual cost in the case of services), or
    (2) procure or manufacture and sell defense articles at not
    less than their contract or manufacturing cost to the United
    States Government, to any United States company for
    incorporation into end items (and for concurrent or follow-on
    support) to be sold by such a company either (i) \128\ on a
    direct commercial basis to a friendly foreign country or
    international organization pursuant to an export license or
    approval under section 38 of this Act or (ii) \128\ in the case
    of ammunition parts subject to subsection (b) of this section,
    using commercial practices which restrict actual delivery
    directly to a friendly foreign country or international
    organization pursuant to approval under section 38 of this Act.
    The President may also sell defense services in support of such
    sales of defense articles, subject to the requirements of this
    chapter: Provided, however, That such services may be performed
    only in the United States. The amount of reimbursement received
    from such sales shall be credited to the current applicable
    appropriation, fund, or account of the selling agency of the
    United States Government.
    ---------------------------------------------------------------------------
        \127\ 22 U.S.C. 2770. Sec. 30 was added by sec. 1 of Public Law 97-
    392 (96 Stat. 1962).
        \128\ Section 9097 of the Department of Defense Appropriations Act,
    1990 (Public Law 101-165; 103 Stat. 1150), amended sec. 30(a) by adding
    designations ``(i)'' and ``(ii)'' and adding text after ``(ii)'' to end
    of sentence.
    ---------------------------------------------------------------------------
        (b) Defense articles and defense services may be sold,
    procured and sold, or manufactured and sold, pursuant to
    subsection (a) of this section only if (1) the end item to
    which the articles apply is to be procured for the armed forces
    of a friendly country or international organization, (2) the
    articles would be supplied to the prime contractor as
    government-furnished equipment or materials if the end item
    were being procured for the use of the United States Armed
    Forces, and (3) the articles and services are available only
    from United States Government sources or are not available to
    the prime contractor directly from United States commercial
    sources at such times as may be required to meet the prime
    contractor's delivery schedule.
        (c) For the purpose of this section, the terms ``defense
    articles'' and ``defense services'' mean defense articles and
    defense services as defined in sections 47(3) and 47(4) of this
    Act.

           Chapter 2C \129\--EXCHANGE OF TRAINING AND RELATED SUPPORT

        Sec. 30A.\129\ Exchange of Training and Related Support.--
    (a) Subject to subsection (b), the President may provide
    training and related support to military and civilian defense
    personnel of a friendly foreign country or an international
    organization. Such training and related support shall be
    provided by a Secretary of a military department and may
    include the provision of transportation, food services, health
    services, and logistics and the use of facilities and
    equipment.
    ---------------------------------------------------------------------------
        \129\ 22 U.S.C. 2770a. Chapter 2C (sec. 30A) was added by sec. 116
    of the International Security and Development Cooperation Act of 1985
    (Public Law 99-83; 99 Stat. 202).
    ---------------------------------------------------------------------------
        (b) Training and related support may be provided under this
    section only pursuant to an agreement or other arrangements
    providing for the provision by the recipient foreign country or
    international organization, on a reciprocal basis, of
    comparable training and related support to military and
    civilian personnel under the jurisdiction of the Secretary of
    the military department providing the training and related
    support under this section. Such reciprocal training and
    related support must be provided within a reasonable period of
    time (which may not be more than one year) of the provision of
    training and related support by the United States. To the
    extent that a foreign country or international organization to
    which training and related support is provided under this
    section does not provide such comparable training and related
    support to the United States within a reasonable period of
    time, that country or international organization shall be
    required to reimburse the United States for the full costs of
    the training and related support provided by the United States.
        (c) Training and related support under this section shall
    be provided under regulations prescribed by the President.
        (d) Not later than February 1 of each year, the President
    shall submit to the Congress a report on the activities
    conducted pursuant to this section during the preceding fiscal
    year, including the estimated full costs of the training and
    related support provided by the United States to each country
    and international organization and the estimated value of the
    training and related support provided to the United States by
    that country or international organization.

                      Chapter 3--MILITARY EXPORT CONTROLS
        Sec. 31.\130\, \131\ Authorization and Aggregate
    Ceiling on Foreign Military Sales Credits.--(a) There are
    authorized to be appropriated to the President to carry out
    this Act $5,371,000,000 for fiscal year 1986 and $5,371,000,000
    for fiscal year 1987.\131\ Credits may not be extended under
    section 23 of this Act in an amount, and loans may not be
    guaranteed under section 24(a) of this Act in a principal
    amount, which exceeds any maximum amount which may be
    established with respect to such credits or such loan
    guarantees in legislation appropriating funds to carry out this
    Act.\132\ Unobligated balances of funds made available pursuant
    to this section are hereby authorized to be continued available
    by appropriations legislation to carry out this Act.
    ---------------------------------------------------------------------------
        \130\ 22 U.S.C. 2771.
         \131\ The authorization figures for years 1986 and 1987 were added
    by sec. 101(a) of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 193). Past figures
    authorized under sec. 31(a) are as follows: fiscal year 1969--
    $269,000,000; fiscal year 1970--$250,000,000; fiscal year 1971--
    $250,000,000; fiscal year 1972--$400,000,000; fiscal year 1974--
    $325,000,000; fiscal year 1975--$1,039,000,000; fiscal year 1977--
    $740,000,000; fiscal year 1978--$682,000,000; fiscal year 1979--
    $674,300,000; fiscal year 1980--$673,500,000; fiscal year 1981--
    $500,000,000; fiscal year 1982--$800,000,000; fiscal year 1983--
    $800,000,000; fiscal year 1984--$1,315,000,000; fiscal year 1985--no
    authorization; fiscal years 1988 through 2000--no authorization.
        Sec. 101 of the Security Assistance Act of 2000 (Public Law 106-
    280; 114 Stat. 846) provided the following:
    ---------------------------------------------------------------------------

                   ``TITLE I--MILITARY AND RELATED ASSISTANCE

         ``Subtitle A--Foreign Military Sales and Financing Authorities
    ---------------------------------------------------------------------------
        ``sec. 101. authorization of appropriations.
        ``There are authorized to be appropriated for grant assistance
    under section 23 of the Arms Export Control Act (22 U.S.C. 2763) and
    for the subsidy cost, as defined in section 502(5) of the Federal
    Credit Reform Act of 1990, of direct loans under such section
    $3,550,000,000 for fiscal year 2001 and $3,627,000,000 for fiscal year
    2002.''.
        Title II of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October
    24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429;
    114 Stat. 1900A-16), provided the following:
    ---------------------------------------------------------------------------

       ``NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
    ---------------------------------------------------------------------------
        ``For necessary expenses for nonproliferation, anti-terrorism and
    related programs and activities, $311,600,000, to carry out the
    provisions of chapter 8 of part II of the Foreign Assistance Act of
    1961 for anti-terrorism assistance, section 504 of the FREEDOM Support
    Act, section 23 of the Arms Export Control Act or the Foreign
    Assistance Act of 1961 for demining activities, the clearance of
    unexploded ordnance, the destruction of small arms, and related
    activities, notwithstanding any other provision of law, including
    activities implemented through nongovernmental and international
    organizations, section 301 of the Foreign Assistance Act of 1961 for a
    voluntary contribution to the International Atomic Energy Agency (IAEA)
    and a voluntary contribution to the Korean Peninsula Energy Development
    Organization (KEDO), and for a United States contribution to the
    Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided,
    That the Secretary of State shall inform the Committees on
    Appropriations at least 20 days prior to the obligation of funds for
    the Comprehensive Nuclear Test Ban Treaty Preparatory Commission:
    Provided further, That of this amount not to exceed $15,000,000, to
    remain available until expended, may be made available for the
    Nonproliferation and Disarmament Fund, notwithstanding any other
    provision of law, to promote bilateral and multilateral activities
    relating to nonproliferation and disarmament: Provided further, That
    such funds may also be used for such countries other than the
    Independent States of the former Soviet Union and international
    organizations when it is in the national security interest of the
    United States to do so: Provided further, That such funds shall be
    subject to the regular notification procedures of the Committees on
    Appropriations: Provided further, That funds appropriated under this
    heading may be made available for the International Atomic Energy
    Agency only if the Secretary of State determines (and so reports to the
    Congress) that Israel is not being denied its right to participate in
    the activities of that Agency: Provided further, That of the funds
    appropriated under this heading, $40,000,000 should be made available
    for demining, clearance of unexploded ordnance, and related activities:
    Provided further, That of the funds made available for demining and
    related activities, not to exceed $500,000, in addition to funds
    otherwise available for such purposes, may be used for administrative
    expenses related to the operation and management of the demining
    program.''.
        Title III of that Act (114 Stat. 1900A-18) provided the following:
    ---------------------------------------------------------------------------

                      ``FOREIGN MILITARY FINANCING PROGRAM
    ---------------------------------------------------------------------------
        ``For expenses necessary for grants to enable the President to
    carry out the provisions of section 23 of the Arms Export Control Act,
    $3,545,000,000: Provided, That of the funds appropriated under this
    heading, not less than $1,980,000,000 shall be available for grants
    only for Israel, and not less than $1,300,000,000 shall be made
    available for grants only for Egypt: Provided further, That the funds
    appropriated by this paragraph for Israel shall be disbursed within 30
    days of the enactment of this Act or by October 31, 2000, whichever is
    later: Provided further, That to the extent that the Government of
    Israel requests that funds be used for such purposes, grants made
    available for Israel by this paragraph shall, as agreed by Israel and
    the United States, be available for advanced weapons systems, of which
    not less than $520,000,000 shall be available for the procurement in
    Israel of defense articles and defense services, including research and
    development: Provided further, That of the funds appropriated by this
    paragraph, not less than $75,000,000 should be available for assistance
    for Jordan: Provided further, That of the funds appropriated by this
    paragraph, not less than $3,000,000 shall be made available for
    assistance for Malta: Provided further, That of the funds appropriated
    by this paragraph, not less than $8,500,000 shall be made available for
    assistance for Tunisia: Provided further, That during fiscal year 2001,
    the President is authorized to, and shall, direct the draw-downs of
    defense articles from the stocks of the Department of Defense, defense
    services of the Department of Defense, and military education and
    training of an aggregate value of not less than $5,000,000 under the
    authority of this proviso for Tunisia for the purposes of part II of
    the Foreign Assistance Act of 1961 and any amount so directed shall
    count toward meeting the earmark in the preceding proviso: Provided
    further, That of the funds appropriated by this paragraph, not less
    than $8,000,000 shall be made available for Georgia: Provided further,
    That during fiscal year 2001, the President is authorized to, and
    shall, direct the draw-downs of defense articles from the stocks of the
    Department of Defense, defense services of the Department of Defense,
    and military education and training of an aggregate value of not less
    than $4,000,000 under the authority of this proviso for Georgia for the
    purposes of part II of the Foreign Assistance Act of 1961 and any
    amount so directed shall count toward meeting the earmark in the
    preceding proviso: Provided further, That funds appropriated by this
    paragraph shall be nonrepayable notwithstanding any requirement in
    section 23 of the Arms Export Control Act: Provided further, That funds
    made available under this paragraph shall be obligated upon
    apportionment in accordance with paragraph (5)(C) of title 31, United
    States Code, section 1501(a).
        ``None of the funds made available under this heading shall be
    available to finance the procurement of defense articles, defense
    services, or design and construction services that are not sold by the
    United States Government under the Arms Export Control Act unless the
    foreign country proposing to make such procurements has first signed an
    agreement with the United States Government specifying the conditions
    under which such procurements may be financed with such funds:
    Provided, That all country and funding level increases in allocations
    shall be submitted through the regular notification procedures of
    section 515 of this Act: Provided further, That none of the funds
    appropriated under this heading shall be available for assistance for
    Sudan and Liberia: Provided further, That funds made available under
    this heading may be used, notwithstanding any other provision of law,
    for demining, the clearance of unexploded ordnance, and related
    activities, and may include activities implemented through
    nongovernmental and international organizations: Provided further, That
    none of the funds appropriated under this heading shall be available
    for assistance for Guatemala: Provided further, That only those
    countries for which assistance was justified for the `Foreign Military
    Sales Financing Program' in the fiscal year 1989 congressional
    presentation for security assistance programs may utilize funds made
    available under this heading for procurement of defense articles,
    defense services or design and construction services that are not sold
    by the United States Government under the Arms Export Control Act:
    Provided further, That funds appropriated under this heading shall be
    expended at the minimum rate necessary to make timely payment for
    defense articles and services: Provided further, That not more than
    $33,000,000 of the funds appropriated under this heading may be
    obligated for necessary expenses, including the purchase of passenger
    motor vehicles for replacement only for use outside of the United
    States, for the general costs of administering military assistance and
    sales: Provided further, That not more than $340,000,000 of funds
    realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act
    may be obligated for expenses incurred by the Department of Defense
    during fiscal year 2001 pursuant to section 43(b) of the Arms Export
    Control Act, except that this limitation may be exceeded only through
    the regular notification procedures of the Committees on
    Appropriations: Provided further, That foreign military financing
    program funds estimated to be outlayed for Egypt during fiscal year
    2001 shall be transferred to an interest bearing account for Egypt in
    the Federal Reserve Bank of New York within 30 days of enactment of
    this Act or by October 31, 2000, whichever is later: Provided further,
    That the Committees on Appropriations shall be informed at least 10
    days prior to the obligation of any interest accrued by the account
    established by the previous proviso.''.
        Title VI of that Act (114 Stat. 1900A-63), relating to emergency
    supplemental appropriations, provided the following:
    ---------------------------------------------------------------------------

                      ``Foreign Military Financing Program
    ---------------------------------------------------------------------------
        ``For an additional amount for `Foreign Military Financing
    Program', to enable the President to carry out section 23 of the Arms
    Export Control Act, $31,000,000, to remain available until September
    30, 2002, for grants to countries of the Balkans and southeast Europe:
    Provided, That funds appropriated in this paragraph shall be made
    available notwithstanding section 10 of Public Law 91-672 and section
    15 of the State Department Basic Authorities Act of 1956: Provided
    further, That funds made available under this heading shall be
    nonrepayable, notwithstanding sections 23(b) and 23(c) of the Act:
    Provided further, That the entire amount is designated by the Congress
    as an emergency requirement pursuant to section 251(b)(2)(A) of the
    Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
    Provided further, That the amount provided shall be available only to
    the extent that an official budget request that includes designation of
    the entire amount as an emergency requirement pursuant to section
    251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
    of 1985, as amended, is transmitted by the President to the
    Congress.''.
        Title V of that Act (114 Stat. 1900A-24, 26) provided the
    following:
    ---------------------------------------------------------------------------

                     ``DEOBLIGATION/REOBLIGATION AUTHORITY
    ---------------------------------------------------------------------------
        ``Sec. 510. Obligated balances of funds appropriated to carry out
    section 23 of the Arms Export Control Act as of the end of the fiscal
    year immediately preceding the current fiscal year are, if deobligated,
    hereby continued available during the current fiscal year for the same
    purpose under any authority applicable to such appropriations under
    this Act: Provided, That the authority of this subsection may not be
    used in fiscal year 2001.
    ---------------------------------------------------------------------------
              * * * * * * *

                          ``NOTIFICATION REQUIREMENTS
    ---------------------------------------------------------------------------
        ``Sec. 515. * * * Provided, That the President shall not enter into
    any commitment of funds appropriated for the purposes of section 23 of
    the Arms Export Control Act for the provision of major defense
    equipment, other than conventional ammunition, or other major defense
    items defined to be aircraft, ships, missiles, or combat vehicles, not
    previously justified to Congress or 20 percent in excess of the
    quantities justified to Congress unless the Committees on
    Appropriations are notified 15 days in advance of such commitment: * *
    *''.
        The Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October
    24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429;
    114 Stat. 1900A-59), provided the following:
    ---------------------------------------------------------------------------

                    ``COMMERCIAL LEASING OF DEFENSE ARTICLES
    ---------------------------------------------------------------------------
        ``Sec. 589. Notwithstanding any other provision of law, and subject
    to the regular notification procedures of the Committees on
    Appropriations, the authority of section 23(a) of the Arms Export
    Control Act may be used to provide financing to Israel, Egypt and NATO
    and major non-NATO allies for the procurement by leasing (including
    leasing with an option to purchase) of defense articles from United
    States commercial suppliers, not including Major Defense Equipment
    (other than helicopters and other types of aircraft having possible
    civilian application), if the President determines that there are
    compelling foreign policy or national security reasons for those
    defense articles being provided by commercial lease rather than by
    government-to-government sale under such Act.''.
        \132\ This sentence was added by sec. 104(d) of the International
    Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
    Stat. 3133).
    ---------------------------------------------------------------------------
        (b) \133\ (1) The total amount of credits extended under
    section 23 of this Act shall not exceed $5,371,000,000 for
    fiscal year 1986 and $5,371,000,000 for fiscal year 1987.
    ---------------------------------------------------------------------------
        \133\ Sec. 101(b) of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 193), amended and
    restated secs. 31 (b) and (c) and added authorizations for fiscal year
    1986 and fiscal year 1987. See also footnote 131.
        Sec. 101 (c), (d), (e) and (f) of Public Law 99-83 also included
    specific earmarks and conditions on the use of credits authorized under
    sec. 23 for Israel, Egypt, Greece and Turkey.
    ---------------------------------------------------------------------------
        (2) Of the aggregate amount of financing provided under
    this section, not more than $553,900,000 for fiscal year 1986
    and not more than $553,900,000 for fiscal year 1987 may be made
    available at concessional rates of interest. If a country is
    released from its contractual liability to repay the United
    States Government with respect to financing provided under this
    section, such financing shall not be considered to be financing
    provided at concessional rates of interest for purposes of the
    limitation established by this paragraph.
        (c) \134\ Loans available under section 23 shall be
    provided at rates of interest that are not less than the
    current average market yield on outstanding marketable
    obligations of the United States of comparable maturities.
    ---------------------------------------------------------------------------
        \134\ Sec. 101 of Public Law 104-164 (110 Stat. 1422) amended and
    restated subsec. (c). Amended and restated earlier by sec. 101(b) of
    Public Law 99-83 (99 Stat. 193), it formerly read as follows:
        ``For fiscal year 1986 and fiscal year 1987, the principal amount
    of credits provided under section 23 at market rates of interest with
    respect to Greece, the Republic of Korea, the Philippines, Portugal,
    Spain, Thailand, and Turkey shall (if and to the extent each country so
    desires) be repaid in not more than twenty years, following a grace
    period of ten years on repayment of principal.''.
    ---------------------------------------------------------------------------
        (d) \135\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \135\ Sec. 104(b)(2)(C) of Public Law 104-164 (110 Stat. 1427)
    repealed subsec. (d). The subsection, originally added by sec.
    210(c)(1) of the International Security Assistance and Arms Export
    Control Act of 1976 (Public Law 94-329; 90 Stat. 740), and amended by
    sec. 17(a)(4) of Public Law 96-92 (93 Stat. 709), and by sec. 596(c) of
    Public Law 101-513 (104 Stat. 2062), formerly read as follows:
        ``The aggregate acquisition cost to the United States of excess
    defense articles ordered by the President in any fiscal year after
    fiscal year 1976 for delivery to foreign countries or international
    organizations under the authority of chapter 2 of part II of the
    Foreign Assistance Act of 1961 or pursuant to sales under this Act may
    not exceed $250,000,000 (exclusive of ships and their onboard stores
    and supplies transferred in accordance with law, and of any defense
    articles with respect to which the President submits a certification
    under section 36(b) of this Act).''.
    ---------------------------------------------------------------------------
        Sec. 32.\136\ Prohibition Against Certain Military Export
    Financing by Export-Import Bank. * * * [Repealed--1992]
    ---------------------------------------------------------------------------
        \136\ Formerly at 22 U.S.C. 2772; repealed by sec. 112(e)(2) of the
    Export Enhancement Act of 1992 (Public Law 102-429; 106 Stat. 2195).
    Sec. 12(c)(2) of the International Narcotics Control Act of 1992
    (Public Law 102-583; 106 Stat. 4935) made an identical amendment;
    however, sec. 12(e) of that Act also provided that if an Act to
    reauthorize the Export-Import Bank of the United States with identical
    amendments is enacted, the amendments contained in the reauthorization
    shall be effective. Sec. 32 formerly read as follows:
        ``Notwithstanding any other provision of law, no funds or borrowing
    authority available to the Export-Import Bank of the United States
    shall be used by such Bank to participate in any extension of credit in
    connection with any agreement to sell defense articles and defense
    services entered into with any economically less developed country
    after June 30, 1968.''.
    ---------------------------------------------------------------------------
        Sec. 33.\137\ Restraint in Arms Sales to Sub-Saharan
    Africa.--It is the sense of the Congress that the problems of
    Sub-Saharan Africa are primarily those of economic development
    and that United States policy should assist in limiting the
    development of costly military conflict in that region.
    Therefore, the President shall exercise restraint in selling
    defense articles and defense services, and in providing
    financing for sales of defense articles and defense services,
    to countries in Sub-Saharan Africa.
    ---------------------------------------------------------------------------
        \137\ 22 U.S.C. 2773. Sec. 33 was amended and restated by sec. 18
    of the International Security Assistance Act of 1979 (Public Law 96-92;
    93 Stat. 709). It formerly read as follows:
        ``Sec. 33. Regional Ceiling on Foreign Military Sales.--(a) The
    aggregate of the total amount of military assistance pursuant to the
    Foreign Assistance Act of 1961, as amended, of credits, or
    participations in credits, financed pursuant to section 23, of the
    principal amount of loans guaranteed pursuant to section 24(a), shall,
    excluding training, not exceed $40,000,000 in each fiscal year for
    African countries.
        ``(b) The President may waive the limitations of this section when
    he determines it to be important to the security of the United States
    and promptly so reports to the Speaker of the House of Representatives
    and the Committee on Foreign Relations of the Senate.''.
    ---------------------------------------------------------------------------
        Sec. 34.\138\ Foreign Military Sales Credit Standards.--The
    President shall establish standards and criteria for credit and
    guaranty transactions under sections 23 and 24 in accordance
    with the foreign, national security, and financial policies of
    the United States.
    ---------------------------------------------------------------------------
        \138\ 22 U.S.C. 2774.
    ---------------------------------------------------------------------------
        Sec. 35.\139\ Foreign Military Sales to Less Developed
    Countries.--(a) When the President finds that any economically
    less developed country is diverting development assistance
    furnished pursuant to the Foreign Assistance Act of 1961, as
    amended, or sales under the Agricultural Trade Development and
    Assistance Act of 1954, as amended, to military expenditures,
    or is diverting its own resources to unnecessary military
    expenditures, to a degree which materially interferes with its
    development, such country shall be immediately ineligible for
    further sales and guarantees under sections 21, 22, 23, and 24,
    until the President is assured that such diversion will no
    longer take place.
    ---------------------------------------------------------------------------
        \139\ 22 U.S.C. 2775.
    ---------------------------------------------------------------------------
        (b) \140\ * * * [Repealed--1974]
    ---------------------------------------------------------------------------
        \140\ Subsec. (b) was repealed by sec. 45(a)(5) of the FA Act of
    1974.
    ---------------------------------------------------------------------------
        Sec. 36.\141\ Reports on Commercial and Governmental
    Military Exports; Congressional Action.--(a) The President
    shall transmit to the Speaker of the House of Representatives
    and to the chairman of the Committee on Foreign Relations of
    the Senate not more than sixty days \142\ after the end of each
    quarter an unclassified report (except that any material which
    was transmitted in classified form under subsection (b)(1) or
    (c)(1) of this section may be contained in a classified
    addendum to such report, and any letter of offer referred to in
    paragraph (1) of this subsection may be listed in such addendum
    unless such letter of offer has been the subject of an
    unclassified certification pursuant to subsection (b)(1) of
    this section, and any information provided under paragraph (11)
    of this subsection may also be provided in a classified
    addendum) \143\ containing--
    ---------------------------------------------------------------------------
        \141\ 22 U.S.C. 2776. Sec. 211(a) of the International Security
    Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90
    Stat. 740) amended sec. 36, which formerly read as follows:
        ``Sec. 36. Reports on Commercial and Governmental Military
    Exports.--
        ``(a) The President shall submit to the Speaker of the House of
    Representatives and to the chairman of the Committee on Foreign
    Relations of the Senate quarterly reports containing--
        ``(1) a listing of all letters of offer to sell any defense
    articles or services under this Act, if such offer has not been
    accepted or canceled;
        ``(2) a cumulative listing of all such letters of offer to sell
    that have been accepted during the fiscal year in which such report is
    submitted;
        ``(3) the cumulative dollar amounts, by foreign country and
    international organization, of credit sales under section 23 and
    guaranty agreements under section 24 made before the submission of such
    quarterly report and during the fiscal year in which such report is
    submitted; and
        ``(4) projections of the cumulative dollar amounts, by foreign
    country and international organization, of credit sales under section
    23 and guaranty agreements under section 24 to be made in the quarter
    of the fiscal year immediately following the quarter for which such
    report is submitted.
        ``For each letter of offer to sell under paras. (1) and (2), the
    report shall specify (A) the foreign country or international
    organization to which the defense article or service is offered, (B)
    the dollar amount of the offer to sell under para. (1) or of the
    completed sale under para. (2), (C) a brief description of the defense
    article or service offered, (D) the United States armed force which is
    making the offer to sell, (E) the date of such offer, and (F) the date
    of any acceptance under paragraph (2).
        ``(b) In the case of any letter of offer to sell any defense
    articles or services under this Act for $25,000,000 or more, before
    issuing such letter of offer the President shall submit to the Speaker
    of the House of Representatives and to the Chairman of the Committee on
    Foreign Relations of the Senate a statement with respect to such offer
    to sell containing the information specified in subparagraphs (A)
    through (E) in subsection (a). The letter of offer shall not be issued
    if the Congress, within twenty calendar days after receiving any such
    statement, adopts a concurrent resolution stating in effect that it
    objects to such proposed sale, unless the President in his statement
    certifies that an emergency exists which requires such sale in the
    national security interests of the United States.
        ``(c) Nothing in this section shall be construed as modifying in
    any way the provisions of section 414 of the Mutual Security Act of
    1954, as amended, relating to munitions control.''.
        Sec. 211(b) of the same Act further stated: ``The amendment made by
    subsection (a) of this section shall apply with respect to letters of
    offer for which a certification is transmitted pursuant to section
    36(b) of the Arms Export Control Act on or after the date of enactment
    of this Act and to export licenses for which an application is filed
    under section 38 of such Act on or after such date.''.
        \142\ The number of days was increased from 30 to 60 by sec.
    19(a)(1) of the International Security Assistance Act of 1979 (Public
    Law 96-92; 93 Stat. 709).
        \143\ Sec. 7(b) of the Anti-Terrorism and Arms Export Amendments
    Act of 1989 (Public Law 101-222; 103 Stat. 1899) added text to close
    parentheses from ``, and any information''.
    ---------------------------------------------------------------------------
              (1) a listing of all letters of offer to sell any
            major defense equipment for $1,000,000 or more under
            this Act to each foreign country and international
            organization, by category, if such letters of offer
            have not been accepted or canceled;
              (2) a listing of all such letters of offer that have
            been accepted during the fiscal year in which such
            report is submitted, together with the total value of
            all defense articles and defense services sold to each
            foreign country and international organization during
            such fiscal year;
              (3) the cumulative dollar amounts, by foreign country
            and international organization, of sales credit
            agreements under section 23 and guaranty agreements
            under section 24 made during the fiscal year in which
            such report is submitted;
              (4) a numbered listing of all licenses and approvals
            for the export to each foreign country and
            international organization during such fiscal year of
            commercially sold major defense equipment, by category,
            sold for $1,000,000 or more, together with the total
            value of all defense articles and defense services so
            licensed for each foreign country and international
            organization, setting forth, with respect to the listed
            major defense equipment--
                      (A) the items to be exported under the
                    license,
                      (B) the quantity and contract price of each
                    such item to be furnished, and
                      (C) the name and address of the ultimate user
                    of each such item;
              (5) \144\ projections of the dollar amounts, by
            foreign country and international organization, of
            sales expected to be made under sections 21 and 22, in
            the quarter of the fiscal year immediately following
            the quarter for which such report is submitted;
    ---------------------------------------------------------------------------
        \144\ Sec. 1209(c) of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279), deleted
    references in pars. (5) and (6) to ``cash sales, and credits, and
    guaranty agreements''.
    ---------------------------------------------------------------------------
              (6) \144\ a projection with respect to all sales
            expected to be made to each country and organization
            for the remainder of the fiscal year in which such
            report is transmitted;
              (7) \145\ an estimate of--
    ---------------------------------------------------------------------------
        \145\ Par. (7) was amended and restated by sec. 1209(c) of Public
    Law 99-83 (99 Stat. 279).
    ---------------------------------------------------------------------------
                      (A) the number of United States military
                    personnel, the number of United States
                    Government civilian personnel, and the United
                    States civilian contract personnel, who were in
                    each foreign country at the end of that
                    quarter, and
                      (B) the number of members of each such
                    category of personnel who were in each foreign
                    country at any time during that quarter,
            in implementation of sales and commercial exports under
            this Act or of assistance under chapter 2, 5, 6, or 8
            of part II of the Foreign Assistance Act of 1961,
            including both personnel assigned to the country and
            personnel temporarily in the country by detail or
            otherwise;
              (8) \146\ a description of each payment,
            contribution, gift, commission, or fee reported to the
            Secretary of State under section 39, including (A) the
            name of the person who made such payment, contribution,
            gift, commission, or fee; (B) the name of any sales
            agent or other person to whom such payment,
            contribution, gift, commission, or fee was paid; (C)
            the date and amount of such payment, contribution,
            gift, commission, or fee; (D) a description of the sale
            in connection with which such payment, contribution,
            gift, commission, or fee was paid; and (E) the
            identification of any business information considered
            confidential by the person submitting it which is
            included in the report;
    ---------------------------------------------------------------------------
        \146\ Sec. 604(a) of the International Security Assistance and Arms
    Export Control Act of 1976 (Public Law 94-329; 90 Stat. 766)
    redesignated par. (8) as par. (9) and inserted a new par. (8). Sec.
    604(c) of the same Act stated that par. (8) would ``take effect sixty
    days after the date of enactment of this Act'' (August 29, 1976).
        Par. (9), as redesignated by this amendment, was struck out by sec.
    19(a)(4) of the International Security Assistance Act of 1979 (Public
    Law 96-92; 93 Stat. 709). It formerly read as follows:
        ``(9) an analysis and description of the services being performed
    by officers and employees of the United States Government under section
    21(a) of this Act, including the number of personnel so employed.''.
    ---------------------------------------------------------------------------
              (9) \147\ a listing of each sale under section 29
            during the quarter for which such report is made,
            specifying (A) the purchaser, (B) the United States
            Government department or agency responsible for
            implementing the sale, (C) an estimate of the dollar
            amount of the sale, and (D) a general description of
            the real property facilities to be constructed pursuant
            to such sale;
    ---------------------------------------------------------------------------
        \147\ Par. (9) was added by sec. 105(c) of the International
    Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
    Stat. 3134).
    ---------------------------------------------------------------------------
              (10) \148\ a listing of the consents to third-party
            transfers of defense articles or defense services which
            were granted, during the quarter for which such report
            is submitted, for purposes of section 3(a)(2) of this
            Act, the regulations issued under section 38 of this
            Act, or section 505(a)(1)(B) of the Foreign Assistance
            Act of 1961, if the value (in terms of original
            acquisition cost) of the defense articles or defense
            services to be transferred is $1,000,000 or more; \149\
    ---------------------------------------------------------------------------
        \148\ Par. (10) and (11) were added by sec. 7 of the Anti-Terrorism
    and Arms Export Amendments Act of 1989 (Public Law 101-222; 103 Stat.
    1899).
        The original par. (10), as added by sec. 109(f) of Public Law 96-
    533, was repealed by sec. 109(d)(2) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1526).
    Par. (10) had required information concerning leases of property valued
    at over $1,000,000 to a foreign government. Leases of defense articles
    are now covered under chapter 6 of this Act.
        \149\ Sec. 1045(a) of the National Defense Authorization Act for
    Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2644) struck out ``;
    and'' at the end of para. (10); struck out a period at the end of para.
    (11) and inserted ``; and''; and added a new para. (12). Subsec. (b) of
    that section made para. (12) not applicable to any relevant agreement
    entered into before the date of enactment of the amendment (September
    23, 1996).
    ---------------------------------------------------------------------------
              (11) \148\ a listing of all munitions items (as
            defined in section 40(l)(1)) which were sold, leased,
            or otherwise transferred by the Department of Defense
            to any other department, agency, or other entity of the
            United States Government during the quarter for which
            such report is submitted (including the name of the
            recipient Government entity and a discussion of what
            that entity will do with those munitions items) if--
                      (A) the value of the munitions items was
                    $250,000 of more; and
                      (B) the value of all munitions items
                    transferred to that Government department,
                    agency, or other entity during that quarter was
                    $250,000 or more;
            excluding munitions items transferred (i) for
            disposition or use solely within the United States, or
            (ii) for use in connection with intelligence activities
            subject to reporting requirements under title V of the
            National Security Act of 1947 (50 U.S.C. 413 et seq.;
            relating to congressional oversight of intelligence
            activities); \149\, \150\
    ---------------------------------------------------------------------------
        \150\ Sec. 1302(b) of the Arms Control, Nonproliferation, and
    Security Assistance Act of 1999 (Division B of the Admiral James W.
    Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
    2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of
    Public Law 106-113; 113 Stat. 1536), struck out ``and'' at the end of
    para. (11); replaced ``third-party transfers.'' with ``third-party
    transfers; and'' at the end of para. (12); and added a new para. (13).
    ---------------------------------------------------------------------------
              (12) \149\ a report on all concluded government-to-
            government agreements regarding foreign coproduction of
            defense articles of United States origin and all other
            concluded agreements involving coproduction or licensed
            production outside of the United States of defense
            articles of United States origin (including
            coproduction memoranda of understanding or agreement)
            that have not been previously reported under this
            subsection, which shall include--
                      (A) the identity of the foreign countries,
                    international organizations, or foreign firms
                    involved;
                      (B) a description and the estimated value of
                    the articles authorized to be produced, and an
                    estimate of the quantity of the articles
                    authorized to be produced;
                      (C) a description of any restrictions on
                    third-party transfers of the foreign-
                    manufactured articles; and
                      (D) if any such agreement does not provide
                    for United States access to and verification of
                    quantities of articles produced overseas and
                    their disposition in the foreign country, a
                    description of alternative measures and
                    controls incorporated in the coproduction or
                    licensing program to ensure compliance with
                    restrictions in the agreement on production
                    quantities and third-party transfers; and \150\
              (13) \150\ a report on all exports of significant
            military equipment for which information has been
            provided pursuant to section 38(i).
    For each letter of offer to sell under paragraphs (1) and (2),
    the report shall specify (i) the foreign country or
    international organization to which the defense article or
    service is offered or was sold, as the case may be: (ii) the
    dollar amount of the offer to sell or the sale and the number
    of defense articles offered or sold, as the case may be; (iii)
    a description of the defense article or service offered or
    sold, as the case may be; and (iv) the United States Armed
    Forces or other agency of the United States which is making the
    offer to sell or the sale, as the case may be.
        (b)(1) \151\ In the case of any letter of offer to sell any
    defense articles or services under this Act for $50,000,000
    \152\ or more, any design and construction services for
    $200,000,000 or more,\153\ or any major defense equipment for
    $14,000,000 \154\ or more, before such letter of offer is
    issued, the President shall submit to the Speaker of the House
    of Representatives and to the chairman of the Committee on
    Foreign Relations of the Senate a numbered certification with
    respect to such offer to sell containing the information
    specified in clauses (i) through (iv) of subsection (a), or (in
    the case of a sale of design and construction services) the
    information specified in clauses (A) through (D) of paragraph
    (9) of subsection (a),\155\ and a description, containing the
    information specified in paragraph (8) of subsection (a), of
    any contribution, gift, commission, or fee paid or offered or
    agreed to be paid in order to solicit, promote, or otherwise to
    secure such letter of offer. Such numbered certifications shall
    also contain an item, classified if necessary, identifying the
    sensitivity of technology contained in the defense articles,
    defense services, or design and construction services \156\
    proposed to be sold,\157\ and a detailed justification of the
    reasons necessitating the sale of such articles or services in
    view of the sensitivity of such technology.\158\ In a case in
    which such articles or services listed on the Missile
    Technology Control Regime Annex are intended to support the
    design, development, or production of a Category I space launch
    vehicle system (as defined in section 74), such report shall
    include a description of the proposed export and rationale for
    approving such export, including the consistency of such export
    with United States missile nonproliferation policy.\159\ Each
    such numbered certification shall contain an item indicating
    whether any offset agreement is proposed to be entered into in
    connection with such letter of offer to sell (if known on the
    date of transmittal of such certification).\160\ In addition,
    the President shall, upon the request of such committee or the
    Committee on Foreign Affairs \161\ of the House of
    Representatives, transmit promptly to both such committees a
    statement setting forth, to the extent specified in such
    request--
    ---------------------------------------------------------------------------
        \151\ To fulfill the requirements of sec. 36(e) of this Act, as
    amended by sec. 155 of Public Law 104-164; 110 Stat. 1440), the Defense
    Security Assistance Agency of the Department of Defense reports arms
    sales to which sec. 36(b) applies. In 2000, DSAA filed numerous
    notifications; see Federal Register, annual index.
        \152\ This figure was increased from $25,000,000 to $50,000,000 by
    sec. 101 of the International Security and Development Cooperation Act
    of 1981 (Public Law 97-113; 95 Stat. 1520).
        \153\ The words ``any design and construction services for
    $200,000,000 or more,'' were added by sec. 105(d)(1) of the
    International Security and Development Cooperation Act of 1980 (Public
    Law 96-533; 94 Stat. 3134).
        \154\ This figure was increased from $7,000,000 to $14,000,000 by
    sec. 101 of the International Security and Development Cooperation Act
    of 1981 (Public Law 97-113; 95 Stat. 1520).
        \155\ The words to this point beginning with ``, or (in the case of
    * * *'' were added by sec. 105(d)(2)(A) of the International Security
    and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat.
    3134).
        \156\ The reference to design and construction services was added
    by sec. 105(d) of the International Security and Development
    Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134).
         \157\ This sentence to this point was added by sec. 20(b) of the
    International Security Assistance Act of 1979 (Public Law 96-92; 93
    Stat. 710).
        \158\ The words to this point beginning with ``and a detailed
    justification'' were added by sec. 1180) of the International Security
    and Development Cooperation Act of 1985 (Public Law 99-83; 995 Stat.
    203).
        \159\ Sec. 735(a) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503) inserted
    the sentence beginning with ``In a case in which * * *''.
        \160\ Sec. 732(a)(1) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503) inserted
    the sentence beginning with ``Each such numbered * * *''.
        \161\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives. Previously,
    sec. 9(a)(7) of the USC Technical Amendments (Public Law 103-437; 108
    Stat. 4581) struck out ``International Relations'' and inserted in lieu
    thereof ``Foreign Affairs''.
    ---------------------------------------------------------------------------
              (A) a detailed description of the defense articles,
            defense services, or design and construction services
            \162\ to be offered, including a brief description of
            the capabilities of any defense article to be offered;
    ---------------------------------------------------------------------------
        \162\ The reference to defense services or design and construction
    services was added by sec. 105(d)(2)(C)(ix) of the International
    Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
    Stat. 3135).
    ---------------------------------------------------------------------------
              (B) an estimate of the number of officers and
            employees of the United States Government and of United
            States civilian contract personnel expected to be
            needed in such country to carry out the proposed sale;
              (C) the name of each contractor expected to provide
            the defense article, defense service, or design and
            construction services \163\ proposed to be sold and a
            description of any offset agreement with respect to
            such sale; \164\
    ---------------------------------------------------------------------------
        \163\ The reference to design and construction service was added by
    sec. 105(d)(2)(C)(ii) of the International Security and Development
    Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134).
        \164\ Sec. 1245(a)(1) of the Defense Offsets Disclosure Act of 1999
    (title XII, subtitle D of the Admiral James W. Nance and Meg Donovan
    Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
    3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
    113 Stat. 1536)) struck out ``and a description from such contractor of
    any offset agreements proposed to be entered into in connection with
    such sale (if known on the date of transmittal of such statement);''
    and inserted in lieu thereof ``and a description of any offset
    agreement with respect to such sale;''. This phrase was substantially
    amended previously by sec. 732(a)(2) of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108
    Stat. 503).
    ---------------------------------------------------------------------------
              (D) \165\ an evaluation, prepared by the Secretary of
            State in consultation with the Secretary of Defense and
            the Director of Central Intelligence, of the manner, if
            any, in which the proposed sale would--
    ---------------------------------------------------------------------------
        \165\ Sec. 1225(a)(1) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (division G, subdivision A of Public Law 105-277; 112 Stat.
    2681) struck out ``Director of the Arms Control and Disarmament Agency
    in consultation with the Secretary of State and the Secretary of
    Defense'' and inserted in lieu thereof ``Secretary of State in
    consultation with the Secretary of Defense and the Director of Central
    Intelligence''.
        Previously, subpar. (D) was amended and restated by sec. 21(1) of
    the International Security Assistance Act of 1978 (Public Law 95-384;
    92 Stat. 741). It formerly read as follows: ``(D) an analysis of the
    arms control impact pertinent to such offer to sell, prepared in
    consultation with the Secretary of Defense;''.
    ---------------------------------------------------------------------------
                      (i) contribute to an arms race;
                      (ii) \166\ support international terrorism;
    ---------------------------------------------------------------------------
        \166\ Sec. 3(b) of the Anti-Terrorism and Arms Export Amendments
    Act of 1989 (Public Law 101-222; 103 Stat. 1896) redesignated clauses
    (ii) through (iv) as (iii) through (v), respectively, and inserted a
    new clause (ii).
    ---------------------------------------------------------------------------
                      (iii) \166\ increase the possibility of an
                    outbreak or escalation of conflict;
                      (iv) \166\ prejudice the negotiation of any
                    arms controls; or
                      (v) \166\ adversely affect the arms control
                    policy of the United States;
              (E) the reasons why the foreign country or
            international organization to which the sale is
            proposed to be made needs the defense articles, defense
            services, or design and construction services \162\
            which are the subject of such sale and a description of
            how such country or organization intends to use such
            defense articles, defense services, or design and
            construction services; \162\
              (F) an analysis by the President of the impact of the
            proposed sale on the military stocks and the military
            preparedness of the United States;
              (G) the reasons why the proposed sale is in the
            national interest of the United States;
              (H) an analysis by the President of the impact of the
            proposed sale on the military capabilities of the
            foreign country or international organization to which
            such sale would be made;
              (I) an analysis by the President of how the proposed
            sale would affect the relative military strengths of
            countries in the region to which the defense articles,
            defense services, or design and construction services
            \162\ which are the subject of such sale would be
            delivered and whether other countries in the region
            have comparable kinds and amounts of defense articles,
            defense services, or design and construction services;
            \162\
              (J) an estimate of the levels of trained personnel
            and maintenance facilities of the foreign country or
            international organization to which the sale would be
            made which are needed and available to utilize
            effectively the defense articles, defense services, or
            design and construction services \162\ proposed to be
            sold;
              (K) an analysis of the extent to which comparable
            kinds and amounts of defense articles, defense
            services, or design and construction services \162\ are
            available from other countries;
              (L) an analysis of the impact of the proposed sale on
            United States relations with the countries in the
            region to which the defense articles, defense services,
            or design and construction services \162\ which are the
            subject of such sale would be delivered;
              (M) a detailed description of any agreement proposed
            to be entered into by the United States for the
            purchase or acquisition by the United States of defense
            articles, defense services, design and construction
            services \162\ or defense equipment, or other articles,
            services, or equipment of the foreign country or
            international organization in connection with, or as
            consideration for, such letter of offer, including an
            analysis of the impact of such proposed agreement upon
            United States business concerns which might otherwise
            have provided such articles, services, or equipment to
            the United States, an estimate of the costs to be
            incurred by the United States in connection with such
            agreement compared with costs which would otherwise
            have been incurred, an estimate of the economic impact
            and unemployment which would result from entering into
            such proposed agreement, and an analysis of whether
            such costs and such domestic economic impact justify
            entering into such proposed agreement;
              (N) \167\ the projected delivery dates of the defense
            articles, defense services, or design and construction
            services \162\ to be offered;
    ---------------------------------------------------------------------------
        \167\ Subpar. (N), (O) and (P) were added by sec. 21(4) of the
    International Security Assistance Act of 1978 (Public Law 95-384; 92
    Stat. 741).
    ---------------------------------------------------------------------------
              (O) \167\ a detailed description of weapons and
            levels of munitions that may be required as support for
            the proposed sale; and
              (P) \167\ an analysis of the relationship of the
            proposed sale to projected procurements of the same
            item.
    A certification transmitted pursuant to this subsection shall
    be unclassified, except that the information specified in
    clause (ii) and the details of the description specified in
    clause (iii) of subsection (a) may be classified if the public
    disclosure thereof would be clearly detrimental to the security
    of the United States, in which case the information shall be
    accompanied by a description of the damage to the national
    security that could be expected to result from public
    disclosure of the information.\168\ The letter of offer shall
    not be issued, with respect to a proposed sale to the North
    Atlantic Treaty Organization, any member country of such
    Organization, Japan, Australia, or New Zealand, if the
    Congress, within fifteen calendar days after receiving such
    certification, or with respect to a proposed sale to any other
    country or organization, if the Congress within thirty calendar
    days \169\ after receiving such certification,\170\ enacts a
    joint \171\ resolution prohibiting the proposed sale, unless
    the President states in his certification that an emergency
    exists which requires such sale in the national security
    interests of the United States. If the President states in his
    certification that an emergency exists which requires the
    proposed sale in the national security interest of the United
    States, thus waiving the congressional review requirements of
    this subsection, he shall set forth in the certification a
    detailed justification for his determination, including a
    description of the emergency circumstances which necessitate
    the immediate issuance of the letter of offer and a discussion
    of the national security interests involved.\172\
    ---------------------------------------------------------------------------
        \168\ Sec. 1301(b)(1) of the Arms Control, Nonproliferation, and
    Security Assistance Act of 1999 (Division B of the Admiral James W.
    Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
    2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of
    Public Law 106-113; 113 Stat. 1536), added ``, in which case the
    information shall be accompanied by a description of the damage to the
    national security that could be expected to result from public
    disclosure of the information''.
        \169\ With regard to the sale to Jordan of advanced weapons
    systems, see Public Law 99-162 (99 Stat. 937), in Legislation on
    Foreign Relations Through 2000, vol. I-B.
        \170\ The words in this sentence to this point beginning with
    ``with respect to a proposed sale * * *'' were inserted in lieu of the
    words ``if the Congress, within thirty calendar days after receiving
    such certification,'' by sec. 102(b)(1) of the International Security
    and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat.
    1520).
         \171\ References to a ``joint'' resolution in lieu of a
    ``concurrent'' resolution were added by Public Law 99-247 (100 Stat.
    9).
        \172\ This sentence was added by sec. 19(c) of the International
    Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 709).
    ---------------------------------------------------------------------------
        (2) Any such joint \171\ resolution shall be considered in
    the Senate in accordance with the provisions of section 601(b)
    of the International Security Assistance and Arms Export
    Control Act of 1976, except that for purposes of consideration
    of any joint \171\ resolution with respect to the North
    Atlantic Treaty Organization, any member country of such
    Organization, Japan, Australia, or New Zealand, it shall be in
    order in the Senate to move to discharge a committee to which
    such joint \171\ resolution was referred if such committee has
    not reported such joint \171\ resolution at the end of five
    calendar days after its introduction.\173\
    ---------------------------------------------------------------------------
        \173\ The words to this point beginning with ``, except that for
    purposes of * * *'' were added by sec. 102(b)(2) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1520).
    ---------------------------------------------------------------------------
        (3) For the purpose of expediting the consideration and
    enactment of joint resolutions under this subsection, a motion
    to proceed to the consideration of any such joint \171\
    resolution after it has been reported by the appropriate
    committee shall be treated as highly privileged in the House of
    Representatives.
        (4) \174\ In addition to the other information required to
    be contained in a certification submitted to the Congress under
    this subsection, each such certification shall cite any
    quarterly report submitted pursuant to section 28 of this Act
    which listed a price and availability estimate, or a request
    for the issuance of a letter of offer, which was a basis for
    the proposed sale which is the subject of such certification.
    ---------------------------------------------------------------------------
        \174\ Par. (4) was added by sec. 16(b) of the International
    Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 708).
    ---------------------------------------------------------------------------
        (5) \175\ (A) If, before the delivery of any major defense
    article or major defense equipment, or the furnishing of any
    defense service or design and construction service, sold
    pursuant to a letter of offer described in paragraph (1), the
    sensitivity of technology or the capability of the article,
    equipment, or service is enhanced or upgraded from the level of
    sensitivity or capability described in the numbered
    certification with respect to an offer to sell such article,
    equipment, or service, then, at least 45 days before the
    delivery of such article or equipment or the furnishing of such
    service, the President shall prepare and transmit to the
    chairman of the Committee on Foreign Affairs \176\ of the House
    of Representatives and the chairman of the Committee on Foreign
    Relations of the Senate a report--
    ---------------------------------------------------------------------------
        \175\ Par. 5 was added by sec. 118(2) of the International Security
    and Development Cooperation Act of 1983 (Public Law 99-83; 99 Stat.
    203).
        \176\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
              (i) describing the manner in which the technology or
            capability has been enhanced or upgraded and describing
            the significance of such enhancement or upgrade; and
              (ii) setting forth a detailed justification for such
            enhancement or upgrade.
        (B) The provisions of subparagraph (A) apply to an article
    or equipment delivered, or a service furnished, within ten
    years after the transmittal to the Congress of a numbered
    certification with respect to the sale of such article,
    equipment, or service.
        (C) If the enhancement or upgrade in the sensitivity of
    technology or the capability of major defense equipment,
    defense articles, defense services, or design and construction
    services described in a numbered certification submitted under
    this subsection costs $14,000,000 or more in the case of any
    major defense equipment, $50,000,000 or more in the case of
    defense articles or defense services, or $200,000,000 or more
    in the case of design or construction services, then the
    President shall submit to the Speaker of the House of
    Representatives and the chairman of the Committee on Foreign
    Relations of the Senate a new numbered certification which
    relates to such enhancement or upgrade and which shall be
    considered for purposes of this subsection as if it were a
    separate letter of offer to sell defense equipment, articles,
    or services, subject to all of the requirements, restrictions,
    and conditions set forth in this subsection. For purposes of
    this subparagraph, references in this subsection to sales shall
    be deemed to be references to enhancements or upgrades in the
    sensitivity of technology or the capability of major defense
    equipment, articles, or services, as the case may be.
        (D) For the purposes of subparagraph (A), the term ``major
    defense article'' shall be construed to include electronic
    devices, which if upgraded, would enhance the mission
    capability of a weapons system.
        (c) \177\ (1) \178\ In the case of an application by a
    person (other than with regard to a sale under section 21 or
    section 22 of this Act) for a license for the export of any
    major defense equipment sold under a contract in the amount of
    $14,000,000 \179\ or more or of defense articles or defense
    services sold under a contract in the amount of $50,000,000
    \180\ or more,\181\ before issuing such license the President
    shall transmit to the Speaker of the House of Representatives
    and to the chairman of the Committee on Foreign Relations of
    the Senate an unclassified numbered certification with respect
    to such application specifying (A) the foreign country or
    international organization to which such export will be made,
    (B) the dollar amount of the items to be exported, and (C) a
    description of the items to be exported. Each such numbered
    certification shall also contain an item indicating whether any
    offset agreement is proposed to be entered into in connection
    with such export and a description of any such offset
    agreement.\182\ In addition, the President shall, upon the
    request of such committee or the Committee on Foreign Affairs
    \183\ of the House of Representatives, transmit promptly to
    both such committees a statement setting forth, to the extent
    specified in such request a description of the capabilities of
    the items to be exported, an estimate of the total number of
    United States personnel expected to be needed in the foreign
    country concerned in connection with the items to be exported
    and an analysis of the arms control impact pertinent to such
    application, prepared in consultation with the Secretary of
    Defense and a description from the person who has submitted the
    license application of any offset agreement proposed to be
    entered into in connection with such export (if known on the
    date of transmittal of such statement). In a case in which such
    articles or services are listed on the Missile Technology
    Control Regime Annex and are intended to support the design,
    development, or production of a Category I space launch vehicle
    system (as defined in section 74), such report shall include a
    description of the proposed export and rationale for approving
    such export, including the consistency of such export with
    United States missile nonproliferation policy.\184\ A
    certification transmitted pursuant to this subsection shall be
    unclassified, except that the information specified in clause
    (B) and the details of the description specified in clause (C)
    may be classified if the public disclosure thereof would be
    clearly detrimental to the security of the United States, in
    which case the information shall be accompanied by a
    description of the damage to the national security that could
    be expected to result from public disclosure of the
    information.\185\
    ---------------------------------------------------------------------------
        \177\ The Director of the Office of Defense Trade Controls notified
    Congress of proposed commercial export licenses pursuant to this
    subsection in numerous Department of State Public Notices. See Federal
    Register, Annual Index.
        Sec. 708(b) of the Security Assistance Act of 2000 (Public Law 106-
    280; 114 Stat. 863) provided the following:
        ``(b) Termination of Existing Licenses.--If, at any time after the
    issuance of a license under section 36(c) of the Arms Export Control
    Act relating to the use, development, or co-production of commercial
    rocket engine technology with a foreign person, the President
    determines that the foreign person has engaged in any action described
    in section 73(a)(1) of the Arms Export Control Act (22 U.S.C.
    2797b(a)(1)) since the date the license was issued, the President may
    terminate the license.''.
        \178\ Sec. 107(b) of the International Security and Development
    Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3136) added the
    paragraph designation ``(1)'', made several technical changes to par.
    (1), and added new pars. (2) and (3)
        \179\ This figure was increased from $7,000,000 to $14,000,000 by
    sec. 101 of the International Security and Development Cooperation Act
    of 1981 (Public Law 97-113; 95 Stat. 1520).
        \180\ This figure was increased from $25,000,000 to $50,000,000 by
    sec. 101 of the International Security and Development Cooperation Act
    of 1981 (Public Law 97-113; 95 Stat. 1520).
        \181\ The words ``not less than 30 days'' which formerly appeared
    at this point, were struck out by sec. 107(b)(1) of the International
    Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
    Stat. 3136). This 30-day prior notification requirement is now included
    in par. (2) of subsec. (c).
        \182\ Sec. 1245(a)(2) of the Defense Offsets Disclosure Act of 1999
    (title XII, subtitle D of the Admiral James W. Nance and Meg Donovan
    Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
    3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
    113 Stat. 1536)) struck out ``(if known on the date of transmittal of
    such certification)'' and inserted in lieu thereof ``and a description
    of any such offset agreement''.
        \183\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives. Previously,
    sec. 9(a)(7) of the USC Technical Amendments (Public Law 103-437; 108
    Stat. 4581) struck out ``International Relations'' and inserted in lieu
    thereof ``Foreign Affairs''.
        \184\ Sec. 735(b) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 506) inserted
    the sentence beginning with ``In a case in which such * * *''.
        \185\ Sec. 1301(b)(2) of the Arms Control, Nonproliferation, and
    Security Assistance Act of 1999 (Division B of the Admiral James W.
    Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
    2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of
    Public Law 106-113; 113 Stat. 1536), added ``, in which case the
    information shall be accompanied by a description of the damage to the
    national security that could be expected to result from public
    disclosure of the information''.
    ---------------------------------------------------------------------------
        (2) \178\ Unless the President states in his certification
    that an emergency exists which requires the proposed export in
    the national security interests of the United States, a license
    for export described in paragraph (1)--
              (A) \186\ in the case of a license for an export to
            the North Atlantic Treaty Organization, any member
            country of that Organization or Australia, Japan, or
            New Zealand, shall not be issued until at least 15
            calendar days after the Congress receives such
            certification, and shall not be issued then if the
            Congress, within that 15-day period, enacts a joint
            resolution prohibiting the proposed export; \187\
    ---------------------------------------------------------------------------
        \186\ Sec. 141(c) of Public Law 104-164 (110 Stat. 1431) amended
    and restated subparas. (A) and (B), which formerly read as follows:
        ``(A) shall not be issued until at least 30 calendar days after the
    Congress receives such certification; and
        ``(B) shall not be issued then if the Congress, within such 30-day
    period, enacts a joint resolution prohibiting the proposed export,
    except that this subparagraph does not apply with respect to a license
    issued for an export to the North Atlantic Treaty Organization, any
    member country of that Organization, Japan, Australia, or New
    Zealand.''.
        Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that
    ``amendments made by this section [sec. 141] apply with respect to
    certifications required to be submitted on or after the date of the
    enactment of this Act [July 21, 1996].''.
        \187\ Sec. 102(c)(1) of the Security Assistance Act of 2000 (Public
    Law 106-280; 114 Stat. 849) struck out ``and'' at the end of subpara.
    (A), redesignated subpara. (B) as subpara. (C), and added a new
    subpara. (B). Para. (2) of that section, furthermore, provided the
    following:
        ``(2) Sense of the Congress.--It is the sense of the Congress that
    the appropriate committees of Congress and the appropriate agencies of
    the United States Government should review the commodity jurisdiction
    of United States commercial communications satellites.''.
    ---------------------------------------------------------------------------
              (B) \187\ in the case of a license for an export of a
            commercial communications satellite for launch from,
            and by nationals of, the Russian Federation, Ukraine,
            or Kazakhstan, shall not be issued until at least 15
            calendar days after the Congress receives such
            certification, and shall not be issued then if the
            Congress, within that 15-day period, enacts a joint
            resolution prohibiting the proposed export; and
              (C) \187\ in the case of any other license, shall not
            be issued until at least 30 calendar days after the
            Congress receives such certification, and shall not be
            issued then if the Congress, within that 30-day period,
            enacts a joint resolution prohibiting the proposed
            export.
    If the President states in his certification that an emergency
    exists which requires the proposed export in the national
    security interests of the United States, thus waiving the
    requirements of subparagraphs (A) and (B) of this paragraph, he
    shall set forth in the certification a detailed justification
    for his determination, including a description of the emergency
    circumstances which necessitate the immediate issuance of the
    export license and a discussion of the national security
    interests involved.
        (3) \178\ (A) Any joint \171\ resolution under this
    subsection shall be considered in the Senate in accordance with
    the provisions of section 601(b) of the International Security
    Assistance and Arms Export Control Act of 1976.
        (B) For the purpose of expediting the consideration and
    enactment of joint \171\ resolutions under this subsection, a
    motion to proceed to the consideration of any such joint \171\
    resolution after it has been reported by the appropriate
    committee shall be treated as highly privileged in the House of
    Representatives.
        (4) \188\ The provisions of subsection (b)(5) shall apply
    to any equipment, article, or service for which a numbered
    certification has been transmitted to Congress pursuant to
    paragraph (1) in the same manner and to the same extent as that
    subsection applies to any equipment, article, or service for
    which a numbered certification has been transmitted to Congress
    pursuant to subsection (b)(1). For purposes of such
    application, any reference in subsection (b)(5) to ``a letter
    of offer'' or ``an offer'' shall be deemed to be a reference to
    ``a contract''.
    ---------------------------------------------------------------------------
        \188\ Sec. 1224 of the Security Assistance Act of 1999 (title XII
    of the Admiral James W. Nance and Meg Donovan Foreign Relations
    Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
    reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536))
    added para. (4).
    ---------------------------------------------------------------------------
        (d)(1) \189\ In the case of an approval under section 38 of
    this Act of a United States commercial technical assistance or
    manufacturing licensing agreement \190\ which involves the
    manufacture abroad of any item of significant combat equipment
    on the United States Munitions List, before such approval is
    given, the President shall submit a certification with respect
    to such proposed commercial agreement in a manner similar to
    the certification required under subsection (c)(1) containing
    comparable information, except that the last sentence of such
    subsection shall not apply to certifications submitted pursuant
    to this subsection.
    ---------------------------------------------------------------------------
        \189\ Sec. 141(d)(1) of Public Law 104-164 (110 Stat. 1432)
    inserted para. designation ``(1)'' after ``(d)''.
        \190\ Sec. 141(d)(2) of Public Law 104-164 (110 Stat. 1432) struck
    out ``for or in a country not a member of the North Atlantic Treaty
    Organization'' after ``licensing agreement''.
    ---------------------------------------------------------------------------
        (2) \191\ A certification under this subsection shall be
    submitted--
    ---------------------------------------------------------------------------
        \191\ Sec. 141(d)(3) of Public Law 104-164 (110 Stat. 1432) added
    paras. (2) through (5).
        Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that
    ``amendments made by this section [sec. 141] apply with respect to
    certifications required to be submitted on or after the date of the
    enactment of this Act [July 21, 1996].''.
    ---------------------------------------------------------------------------
              (A) at least 15 days before approval is given in the
            case of an agreement for or in a country which is a
            member of the North Atlantic Treaty Organization or
            Australia, Japan, or New Zealand; and
              (B) at least 30 days before approval is given in the
            case of an agreement for or in any other country;
    unless the President states in his certification that an
    emergency exists which requires the immediate approval of the
    agreement in the national security interests of the United
    States.
        (3) If the President states in his certification that an
    emergency exists which requires the immediate approval of the
    agreement in the national security interests of the United
    States, thus waiving the requirements of paragraph (4), he
    shall set forth in the certification a detailed justification
    for his determination, including a description of the emergency
    circumstances which necessitate the immediate approval of the
    agreement and a discussion of the national security interests
    involved.
        (4) Approval for an agreement subject to paragraph (1) may
    not be given under section 38 if the Congress, within the 15-
    day or 30-day period specified in paragraph (2)(A) or (B), as
    the case may be, enacts a joint resolution prohibiting such
    approval.
        (5)(A) Any joint resolution under paragraph (4) shall be
    considered in the Senate in accordance with the provisions of
    section 601(b) of the International Security Assistance and
    Arms Export Control Act of 1976.
        (B) For the purpose of expediting the consideration and
    enactment of joint resolutions under paragraph (4), a motion to
    proceed to the consideration of any such joint resolution after
    it has been reported by the appropriate committee shall be
    treated as highly privileged in the House of Representatives.
        (e) \192\ For purposes of this section--
    ---------------------------------------------------------------------------
        \192\ Sec. 732(c) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503) added
    subsec. (e).
    ---------------------------------------------------------------------------
              (1) the term ``offset agreement'' means an agreement,
            arrangement, or understanding between a United States
            supplier of defense articles or defense services and a
            foreign country under which the supplier agrees to
            purchase or acquire, or to promote the purchase or
            acquisition by other United States persons of, goods or
            services produced, manufactured, grown, or extracted,
            in whole or in part, in that foreign country in
            consideration for the purchase by the foreign country
            of defense articles or defense service from the
            supplier; and
              (2) the term ``United States person'' means--
                      (A) an individual who is a national or
                    permanent resident alien of the United States;
                    and
                      (B) any corporation, business association,
                    partnership, trust, or other juridical entity--
                              (i) organized under the laws of the
                            United States or any State, district,
                            territory, or possession thereof; or
                              (ii) owned or controlled in fact by
                            individuals described in subparagraph
                            (A).
        (f) \193\ The President shall cause to be published in a
    timely manner \194\ in the Federal Register, upon transmittal
    to the Speaker of the House of Representatives and to the
    chairman of the Committee on Foreign Relations of the Senate,
    the full unclassified text of--\195\
    ---------------------------------------------------------------------------
        \193\ Sec. 155 of Public Law 104-164 (110 Stat. 1440) added this
    subsec. as subsec. (e). Sec. 1245(b)(1) of the Defense Offsets
    Disclosure Act of 1999 (title XII, subtitle D of the Admiral James W.
    Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
    2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of
    Public Law 106-113; 113 Stat. 1536)) redesignated as subsec. (f) to
    correct the occurrence of two subsecs. (e).
        \194\ Sec. 1301(a)(1) of the Arms Control, Nonproliferation, and
    Security Assistance Act of 1999 (Division B of the Admiral James W.
    Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
    2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of
    Public Law 106-113; 113 Stat. 1536), inserted ``in a timely manner''
    after ``to be published''.
        \195\ Sec. 1301(a)(2) of the Arms Control, Nonproliferation, and
    Security Assistance Act of 1999 (Division B of the Admiral James W.
    Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
    2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of
    Public Law 106-113; 113 Stat. 1536), struck out ``the full unclassified
    text of each numbered certification submitted pursuant to subsection
    (b) and each notification of a proposed commercial sale submitted under
    subsection (c).'' and inserted in lieu thereof ``the full unclassified
    text of--'' and text of subparas. (1) through (3).
    ---------------------------------------------------------------------------
              (1) each numbered certification submitted pursuant to
            subsection (b);
              (2) each notification of a proposed commercial sale
            submitted under subsection (c); and
              (3) each notification of a proposed commercial
            technical assistance or manufacturing licensing
            agreement submitted under subsection (d).
        (g) \196\ Information relating to offset agreements
    provided pursuant to subparagraph (C) of the fifth sentence of
    subsection (b)(1) and the second sentence of subsection (c)(1)
    shall be treated as confidential information in accordance with
    section 12(c) of the Export Administration Act of 1979 (50
    U.S.C. App. 2411(c)).
    ---------------------------------------------------------------------------
        \196\ Sec. 1245(b)(2) of the Defense Offsets Disclosure Act of 1999
    (title XII, subtitle D of the Admiral James W. Nance and Meg Donovan
    Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
    3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
    113 Stat. 1536)) added subsec. (g).
    ---------------------------------------------------------------------------
        Sec. 37.\197\ Fiscal Provisions Relating to Foreign
    Military Sales Credits.--(a) Cash payments received under
    sections 21, 22, and 29 \198\ and advances received under
    section 23 shall be available solely for payments to suppliers
    (including the military departments) and refunds to purchasers
    and shall not be available for financing credits and
    guaranties.
    ---------------------------------------------------------------------------
        \197\ 22 U.S.C. 2777.
        \198\ The reference to sec. 29 was added by sec. 105(e)(1) of the
    International Security and Development Cooperation Act of 1980 (Public
    Law 96-533; 94 Stat. 3135).
    ---------------------------------------------------------------------------
        (b) Amounts received from foreign governments and
    international organizations as repayments for credits extended
    pursuant to section 23, amounts received from the disposition
    of instruments evidencing indebtedness under section 24(b)
    (excluding such portion of the sales proceeds as may be
    required at the time of disposition to be obligated as a
    reserve for payment of claims under guaranties issued pursuant
    to section 24(b), which sums are made available for such
    obligations),\199\ and other collections (including fees and
    interest) shall be transferred to the miscellaneous receipts of
    the Treasury.
    ---------------------------------------------------------------------------
        \199\ The words to this point beginning with ``under section 24(b)
    (excluding'' were added by sec. 25(11) of the FA Act of 1973.
    ---------------------------------------------------------------------------
        (c) \200\ Notwithstanding the provisions of subsection (b),
    to the extent that any of the funds constituting the reserve
    under section 24(c) are paid out for a claim arising out of a
    loan guaranteed under section 24, amounts received from a
    foreign government or international organization after the date
    of such payment, with respect to such claim, shall be credited
    to such reserve, shall be merged with the funds in such
    reserve, and shall be available for any purpose for which funds
    in such reserve are available.
    ---------------------------------------------------------------------------
        \200\ Subsec. (c) was added by sec. 104(b) of the International
    Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
    Stat. 3133).
    ---------------------------------------------------------------------------
        Sec. 38.\201\ Control of Arms Exports and Imports.--(a)(1)
    In furtherance of world peace and the security and foreign
    policy of the United States, the President is authorized to
    control the import and the export of defense articles and
    defense services and to provide foreign policy guidance to
    persons of the United States involved in the export and import
    of such articles and services. The President is authorized to
    designate those items which shall be considered as defense
    articles and defense services for the purposes of this section
    and to promulgate regulations for the import and export of such
    articles and services. The items so designated shall constitute
    the United States Munitions List.
    ---------------------------------------------------------------------------
        \201\ 22 U.S.C. 2778.
        Sec. 38 was added by sec. 212(a)(1) of the International Security
    Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90
    Stat. 744). Sec. 212(b) of the same Act repealed sec. 414 of the Mutual
    Security Act of 1954 and stated that any reference to sec. 414 would be
    considered as a reference to sec. 38 of the Arms Export Control Act.
        See also secs. 1402-1412 of the National Defense Authorization Act
    for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 798 et seq.),
    relating to, among other issues, export controls, satellite licensing,
    technology transfers, high-performance computers, and the Defense
    Threat Reduction Agency.
        See also sec. 1309 of the Arms Control, Nonproliferation, and
    Security Assistance Act of 1999 (Division B of the Admiral James W.
    Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
    2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of
    Public Law 106-113; 113 Stat. 1536), relating to satellite export
    activities.
        See also title XV, subtitle B, of the Strom Thurmond National
    Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
    Stat. 2173), relating to satellite export controls, particularly as
    they are applied to exportation to the People's Republic of China.
        See also title IV, secs. 401-405, of the Foreign Relations
    Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105
    Stat. 718-722), relating to arms transfers restraint policy for the
    Middle East and Persian Gulf region.
        See also in the National Defense Authorization Act for Fiscal Year
    1993 (Public Law 102-484; 106 Stat. 2561): sec. 1365, relating to
    landmine export moratorium; title XV--Weapons of Mass Destruction
    Control Act of 1992; and title XVI--Iran-Iraq Arms Non-Proliferation
    Act of 1992. As a result of sec. 1365 of that Act, the Department of
    State gave notice to the following:
        ``Notice is hereby given that all licenses, approvals, sales or
    transfers of landmines specifically designed for antipersonnel use,
    regardless of method of delivery, are suspended until further notice.
    Additionally, all existing authorizations for the sale, export, or
    transfer of such defense articles are revoked until further notice.
    This action has been taken pursuant to sections 2, 38 and 42 of the
    Arms Export Control Act, and section 1365 of the National Defense
    Authorization Act for Fiscal Year 1993.'' (Public Notice 1727 of
    November 25, 1992; 57 F.R. 55614).
        Licenses and approvals to export or otherwise transfer defense
    articles and defense services to the following countries or foreign
    entities are suspended or restricted:
        Iran (January 23, 1984; Department of State Notice 84-3; 49 F.R.
    2836); Iraq (August 2, 1990; Department of State Public Notice 1238; 55
    F.R. 31808); Serbia and Montenegro (Federal Republic of Yugoslavia)
    (effective July 11, 1991; Department of State Public Notice 1427; 56
    F.R. 33322; July 19, 1991); Haiti--including those for use by the
    police (effective October 3, 1991; Department of State Public Notice
    1496; 56 F.R. 50968; October 9, 1991); Sudan (effective October 8,
    1992; Department of State Public Notice 1711; 57 F.R. 49741; November
    3, 1992); Yemen (effective November 16, 1992; Department of State
    Public Notice 1734; 57 F.R. 59852; December 16, 1992); the armed forces
    on Cyprus (except to the United Nations Forces in Cyprus) (effective
    November 18, 1992; Department of State Public Notice 1738; 57 F.R.
    60265; December 18, 1992); Somalia (effective December 16, 1992;
    Department of State Public Notice 1736; 57 F.R. 59851; December 16,
    1992); Liberia (other than for the peacekeeping forces of ECOWAS)
    (effective December 18, 1992; Department of State Public Notice 1737;
    57 F.R. 60265; December 18, 1992); Zaire (Department of State Public
    Notice 1795; 58 F.R. 26024; April 29, 1993); Burma (Department of State
    Public Notice 1820; 58 F.R. 33293; June 16, 1993); Guatemala
    (Department of State Public Notice 1831; 58 F.R. 38597; July 19, 1993);
    India (Department of State Public Notice 2825; 63 F.R. 27781; May 13,
    1998); Pakistan (Department of State Public Notice 2835; 63 F.R. 33122;
    May 30, 1998); and Indonesia (``except for certain exports related to
    commercial communication satellites and Y2K compliance activities'';
    Department of State Public Notice 3137; 64 F.R. 55805; September 10,
    1999).
        Effective May 30, 1999, restrictions against Nigeria were eased.
    Henceforth, applications for licenses are reviewed on a case by case
    basis (Department of State Public Notice 3076; 64 F.R. 34304). Exports
    to Nigeria had been restricted since 1993 (see: Department of State
    Public Notice 1844; 58 F.R. 40845; July 30, 1993; and Public Notice
    2313; 60 F.R. 66334; December 11, 1995).
        On July 24, 1998, the State Department issued Public Notice 2825
    (64 F.R. 41614) to suspend all licenses and other approvals for defense
    articles and services involving seven Russian entities: Baltic State
    Technical University, Europalace 2000, Glavkosmos, Grafit (State
    Scientific Research Institute of Graphite, or NIIGRAFIT), INOR
    Scientific Center, MOSO Company, and Polyus Scientific Production
    Association. In addition, it was announced on the same day that any
    U.S. Government assistance to these entities would cease. Subsequently,
    the Department of State issued a second public notice (Public Notice
    2866; 63 F.R. 42089; effective July 30, 1998), citing the same seven
    entities as having ``engaged in missile technology proliferation
    activities that require the imposition of measures pursuant to
    Executive Order No. 12938 of November 14, 1994, as amended * * *'' (for
    that Executive Order, see Legislation on Foreign Relations Through
    2000, vol. III).
        Peru and Ecuador are restricted on a case-by-case basis (Peru:
    Department of State Public Notice 2021; 59 F.R. 32481; June 8, 1994;
    and Public Notice 2168; 60 F.R. 10138; February 23, 1995; Peru and
    Ecuador: Department of State Public Notice 2205; 60 F.R. 26070; May 4,
    1995; and Public Notice 2286; 60 F.R. 57049; November 13, 1995).
        Effective July 2, 1993, the domestic arms embargo on Angola was
    lifted and section 126.1(a) of the International Traffic in Arms
    Regulations (ITAR) (22 CFR Part 126) was amended accordingly
    (Department of State Public Notice 1826; 58 F.R. 35864; July 2, 1993).
    There continues to be a presumption of denial for lethal articles, and
    an embargo is in place with respect to UNITA (Executive Order 12865,
    September 29, 1993). See Legislation on Foreign Relations Through 2000,
    vol. III.
        The following countries are embargoed under International Traffic
    in Arms Regulations (ITAR; 22 CFR Part 126) (Department of State Public
    Notice 1832; 58 F.R. 39280, as amended): Afghanistan (June 27, 1996; 61
    F.R. 33313); Armenia, Azerbaijan, Byelarus, Cuba, Iran, Iraq, Libya,
    North Korea, Syria, Tajikistan, and Vietnam (April 4, 1994; 59 F.R.
    15625). For some of these countries, other restrictions may also make
    arms transfers unavailable. Restrictions under the ITAR also apply to
    countries with respect to which the United States maintains an arms
    embargo: Burma, People's Republic of China, Federal Republic of
    Yugoslavia (Serbia and Montenegro), Haiti, Liberia, Rwanda (59 F.R.
    42158), Somalia, Sudan, and Zaire.
        Ukraine was removed from the ITAR restrictive list, effective
    December 27, 2000 (65 F.R. 81739).
        Mongolia was removed from the ITAR restrictive list, effective June
    30, 1997, in State Department Public Notice 2567 (62 F.R. 37133). The
    phrase ``the states of the former Yugoslavia'' was replaced with ``the
    FRY (Serbia and Montenegro)'', effective July 12, 1996, pursuant to
    State Department Public Notice 2410 (61 F.R. 36625). Georgia,
    Kazakhstan, Turkmenistan, and Uzbekistan were removed from the ITAR
    restrictive list, effective July 17, 1996, in State Department Public
    Notice 2407 (61 F.R. 41499).
        In Department of State Public Notice 3195 of October 19, 1999, the
    Assistant Secretary for the Bureau of Political-Military Affairs
    notified Congress ``* * * that it shall be the policy of the Department
    of State to deny all export license applications and other requests for
    approval pursuant to section 38 of the Arms Export Control Act, that
    request authorization for the export, the brokering activity involving
    the transfer by, for or to, or transactions that involve directly or
    indirectly by or to: China National Aero-Technology Import and Export
    Corporation (CATIC), China National Aero-Technology International
    Supply Company, CATIC (USA) Inc., Tal Industries, Inc., Yan Liren, Hu
    Boru, McDonnell Douglas Corporation, Douglas Aircraft Company, and
    Robert Hitt, and any of their subsidiaries, affiliates, or successor
    entities in connection with the transactions involving defense articles
    or defense services.'' (65 F.R. 2220).
        In Department of State Public Notice 3227 of February 9, 2000, the
    Acting Assistant Secretary for the Bureau of Political-Military Affairs
    notified Congress that ``* * * all licenses and other approvals for
    defense articles and defense services involving certain Kazakhstani and
    Czech entities and individuals * * * are suspended, effective
    immediately.'' (65 F.R. 7902).
        In Department of State Public Notice 3557 of December 5, 2000, the
    Assistant Secretary for the Bureau of Political-Military Affairs
    notified Congress ``* * * that requests for export and retransfer of C-
    130 spare parts to Indonesia pursuant to section 38 of the Arms Export
    Control Act will be considered on a case-by-case basis.'' (66 F.R.
    7836). An earlier Department of State notice suspended licenses and
    approvals to export defense articles, defense services to that country,
    except for certain exports related to commercial communications
    satellites (October 14, 1999).
    ---------------------------------------------------------------------------
        (2) Decisions on issuing export licenses under this section
    shall take into account \202\ whether the export of an article
    would contribute to an arms race, aid in the development of
    weapons of mass destruction, support international terrorism,
    increase the possibility of outbreak or escalation of conflict,
    or prejudice the development of bilateral or multilateral arms
    control or nonproliferation agreements or other
    arrangements.\203\
    ---------------------------------------------------------------------------
        \202\ Sec. 1225(a)(2)(A) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (division G, subdivision A of Public Law 105-
    277; 112 Stat. 2681) struck out ``be made in coordination with the
    Director of the United States Arms Control and Disarmament Agency,
    taking into account the Director's assessment as to'' and inserted in
    lieu thereof ``take into account''.
        \203\ Sec. 1225(a)(2)(B) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (division G, subdivision A of Public Law 105-
    277; 112 Stat. 2681) struck out `` The Director of the Arms Control and
    Disarmament Agency is authorized, whenever the Director determines that
    the issuance of an export license under this section would be
    detrimental to the national security of the United States, to recommend
    to the President that such export license be disapproved.''.
        Previously, sec. 714(a)(1) of the Foreign Relations Authorization
    Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 497),
    amended and restated para. (2). The paragraph formerly read as follows:
        ``(2) Decisions on issuing export licenses under this section shall
    be made in coordination with the director of the United States Arms
    Control and Disarmament Agency and shall take into account the
    Director's opinion as to whether the export of an article will
    contribute to an arms race, support international terrorism, increase
    the possibility of outbreak or escalation of conflict, or prejudice the
    development of bilateral or multilateral arms control arrangements.''.
    ---------------------------------------------------------------------------
        (3) \204\ In exercising the authorities conferred by this
    section, the President may require that any defense article or
    defense service be sold under this Act as a condition of its
    eligibility for export, and may require that persons engaged in
    the negotiation for the export of defense articles and services
    keep the President fully and currently informed of the progress
    and future prospects of such negotiations.
    ---------------------------------------------------------------------------
        \204\ Par. (3) was added by sec. 107(c) of the International
    Security and Development Cooperation Act of 1980 (Public Law 96-533, 94
    Stat. 3136).
    ---------------------------------------------------------------------------
        (b)(1)(A)(i) \205\ As prescribed in regulations issued
    under this section, every person (other than an officer or
    employee of the United States Government acting in an official
    capacity) who engages in the business of manufacturing,
    exporting, or importing any defense articles or defense
    services designated by the President under subsection (a)(1)
    shall register with the United States Government agency charged
    with the administration of this section, and shall pay a
    registration fee which shall be prescribed by such regulations.
    Such regulations shall prohibit the return to the United States
    for sale in the United States (other than for the Armed Forces
    of the United States and its allies or for any State for local
    law enforcement agency) of any military firearms or ammunition
    of United States manufacture furnished to foreign governments
    by the United States under this Act or any other foreign
    assistance or sales program of the United States, whether or
    not enhanced in value or improved in condition in a foreign
    country. This prohibition shall not extend to similar firearms
    that have been so substantially transformed as to become, in
    effect, articles of foreign manufacture.
    ---------------------------------------------------------------------------
        \205\ Sec. 151(a) of Public Law 104-164 (110 Stat. 1437) added
    clause designation ``(i)'' and added clause (ii).
    ---------------------------------------------------------------------------
        (ii) \206\ (I) As prescribed in regulations issued under
    this section, every person (other than an officer or employee
    of the United States Government acting in official capacity)
    who engages in the business of brokering activities with
    respect to the manufacture, export, import, or transfer of any
    defense article or defense service designated by the President
    under subsection (a)(1), or in the business of brokering
    activities with respect to the manufacture, export, import, or
    transfer of any foreign defense article or defense service (as
    defined in subclause (IV)), shall register with the United
    States Government agency charged with the administration of
    this section, and shall pay a registration fee which shall be
    prescribed by such regulations.
    ---------------------------------------------------------------------------
        \206\ Sec. 151(a)(2) of Public Law 104-164 (110 Stat. 1437) added
    clause (ii). Subsec. (b) (22 U.S.C. 2778 note) of that section
    provided: ``Section 38(b)(1)(A)(ii) of the Arms Export Control Act, as
    added by subsection (a), shall apply with respect to brokering
    activities engaged in beginning on or after 120 days after the
    enactment of this Act.''.
    ---------------------------------------------------------------------------
        (II) Such brokering activities shall include the financing,
    transportation, freight forwarding, or taking of any other
    action that facilitates the manufacture, export, or import of a
    defense article or defense service.
        (III) No person may engage in the business of brokering
    activities described in subclause (I) without a license, issued
    in accordance with this Act, except that no license shall be
    required for such activities undertaken by or for an agency of
    the United States Government--
              (aa) for use by an agency of the United States
            Government; or
              (bb) for carrying out any foreign assistance or sales
            program authorized by law and subject to the control of
            the President by other means.
        (IV) For purposes of this clause, the term ``foreign
    defense article or defense service'' includes any non-United
    States defense article or defense service of a nature described
    on the United States Munitions List regardless of whether such
    article or service is of United States origin or whether such
    article or service contains United States origin components.
        (B) \207\ A copy of each registration made under this
    paragraph shall be transmitted to the Secretary of the Treasury
    for review regarding law enforcement concerns. The Secretary
    shall report to the President regarding such concerns as
    necessary.
    ---------------------------------------------------------------------------
        \207\ The first subparagraph (B) was added by sec. 1255(b) of the
    Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public
    Law 100-204; 101 Stat. 1431). The second subparagraph (B), which should
    probably have been designated subpar. (C) was added by sec. 8142(a) of
    the Department of Defense Appropriations Act, 1988 (sec. 101(b) of the
    Continuing Appropriations for 1988, Public Law 100-202; 101 Stat. 1329-
    88).
    ---------------------------------------------------------------------------
        (B) \207\ The prohibition under such regulations required
    by the second sentence of subparagraph (A) shall not extend to
    any military firearms (or ammunition, components, parts,
    accessories, and attachments for such firearms) of United
    States manufacture furnished to any foreign government by the
    United States under this Act or any other foreign assistance or
    sales program of the United States if--
              (i) such firearms are among those firearms that the
            Secretary of the Treasury is, or was at any time,
            required to authorize the importation of by reason of
            the provisions of section 925(e) of title 18, United
            States Code (including the requirement for the listing
            of such firearms as curios or relics under section
            921(a)(13) of that title); and
              (ii) such foreign government certifies to the United
            States Government that such firearms are owned by such
            foreign government.
        (2) Except as otherwise specifically provided in
    regulations issued under subsection (a)(1), no defense articles
    or defense services designated by the President under
    subsection (a)(1) may be exported or imported without a license
    for such export or import, issued in accordance with this Act
    and regulations issued under this Act, except that no license
    shall be required for exports or imports made by or for an
    agency of the United States Government (A) for official use by
    a department or agency of the United States Government, or (B)
    for carrying out any foreign assistance or sales program
    authorized by law and subject to the control of the President
    by other means.
        (3) \208\ (A) For each of the fiscal years 1988 and 1989,
    $250,000 of registration fees collected pursuant to paragraph
    (1) shall be credited to a Department of State account, to be
    available without fiscal year limitation. Fees credited to that
    account shall be available only for the payment of expenses
    incurred for--
    ---------------------------------------------------------------------------
        \208\ Par. (3) was added by sec. 1255(c) of the Foreign Relations
    Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101
    Stat. 1431). The original par. (3), as amended by sec. 21 of Public Law
    96-92 (93 Stat. 710) and sec. 107(a) of Public Law 96-533 (94 Stat.
    3136), was repealed by sec. 106 of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1522).
    Par. (3) had stipulated that no license could be issued under this Act
    for the export of any major defense equipment sold under contract in
    the amount of $100,000,000 or more (exceptions were provided for NATO
    members, Australia, Japan, New Zealand, countries participating in co-
    production arrangements).
    ---------------------------------------------------------------------------
              (i) contract personnel to assist in the evaluation of
            munitions control license applications, reduce
            processing time for license applications, and improve
            monitoring of compliance with the terms of licenses;
            and
              (ii) the automation of munitions control functions
            and the processing of munitions control license
            applications, including the development, procurement,
            and utilization of computer equipment and related
            software.
      (B) The authority of this paragraph may be exercised only to
    such extent or in such amounts as are provided in advance in
    appropriation Acts.
        (c) Any person who willfully violates any provision of this
    section or section 39, or any rule or regulation issued under
    either section, or who willfully, in a registration or license
    application or required report, makes any untrue statement of a
    material fact or omits to state a material fact required to be
    stated therein or necessary to make the statements therein not
    misleading, shall upon conviction be fined for each violation
    not more than $1,000,000,\209\ or imprisoned not more than ten
    years, or both.
    ---------------------------------------------------------------------------
        \209\ Sec. 119(a) of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 203) raised the
    amount of the fine to $1,000,000; added the limitation ``for each
    violation''; and raised the period of imprisonment from two to ten
    years. Previously the fine was ``not more than $100,000''.
    ---------------------------------------------------------------------------
        (d) \210\ * * * [Repealed--1979]
    ---------------------------------------------------------------------------
        \210\ Subsec. (d), which specified that sec. 38 would apply to and
    within the Canal Zone, was repealed by sec. 3303(a)(4) of the Panama
    Canal Act of 1979 (Public Law 96-70; 93 Stat. 499).
    ---------------------------------------------------------------------------
        (e) In carrying out functions under this section with
    respect to the export of defense articles and defense services,
    the President is authorized to exercise the same powers
    concerning violations and enforcement which are conferred upon
    departments, agencies and officials by subsections (c), (d),
    (e), and (g) of section 11 of the Export Administration Act of
    1979, and by subsections (a) and (c) of section 12 of such
    Act,\211\ subject to the same terms and conditions as are
    applicable to such powers under such Act, except that section
    11(c)(2)(B) of such Act shall not apply, and instead, as
    prescribed in regulations issued under this section, the
    Secretary of State may assess civil penalties for violations of
    this Act and regulations prescribed thereunder and further may
    commence a civil action to recover such civil penalties, and
    except further that \212\ the names of the countries and the
    types and quantities of defense articles for which licenses are
    issued under this section shall not be withheld from public
    disclosure unless the President determines that the release of
    such information would be contrary to the national
    interest.\213\ Nothing in this subsection shall be construed as
    authorizing the withholding of information from the Congress.
    Notwithstanding section 11(c) of the Export Administration Act
    of 1979, the civil penalty for each violation involving
    controls imposed on the export of defense articles and defense
    services under this section may not exceed $500,000.\214\
    ---------------------------------------------------------------------------
        \211\ These references to various sections of the Export
    Administration Act of 1979 were inserted in lieu of a series of
    references to secs. 6 and 7 of the Export Administration Act of 1969
    (which expired on September 30, 1979), by sec. 22(a) of Public Law 96-
    72 (93 Stat. 535).
        \212\ Sec. 1303 of the Arms Control, Nonproliferation, and Security
    Assistance Act of 1999 (Division B of the Admiral James W. Nance and
    Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
    2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law
    106-113; 113 Stat. 1536), added ``section 11(c)(2)(B) of such Act shall
    not apply, and instead, as prescribed in regulations issued under this
    section, the Secretary of State may assess civil penalties for
    violations of this Act and regulations prescribed thereunder and
    further may commence a civil action to recover such civil penalties,
    and except further that'' to secs. 38(e), 39A(c), and 40(k) of this
    Act.
        \213\ Sec. 156 of Public Law 104-164 (110 Stat. 1440) added ``,
    except that the names of the countries and the types and quantities of
    defense articles for which licenses are issued under this section shall
    not be withheld from public disclosure unless the President determines
    that the release of such information would be contrary to the national
    interest''.
        \214\ The last sentence was added by sec. 119(b) of the
    International Security and Development Cooperation Act of 1985 (Public
    Law 99-83; 99 Stat. 204).
    ---------------------------------------------------------------------------
        (f) \215\ (1) The President shall periodically review the
    items on the United States Munitions List to determine what
    items, if any, no longer warrant export controls under this
    section. The results of such reviews shall be reported to the
    Speaker of the House of Representatives and to the Committee on
    Foreign Relations and the Committee on Banking, Housing, and
    Urban Affairs of the Senate. Such a report shall be submitted
    at least 30 days before any item is removed from the Munitions
    List and shall describe the nature of any controls to be
    imposed on that item under the Export Administration Act of
    1979.\216\
    ---------------------------------------------------------------------------
        \215\ Subsec. (f) was added by sec. 107 of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1522). Sec. 102(b) of the Security Assistance Act of 2000 (Public
    Law 106-280; 114 Stat. 848) added para. designation ``(1)'' and added
    paras. (2) and (3).
        \216\ For text of Export Administration Act, see Legislation on
    Foreign Relations Through 2000, vol. III, sec. J.
    ---------------------------------------------------------------------------
        (2) The President may not authorize an exemption for a
    foreign country from the licensing requirements of this Act for
    the export of defense items under subsection ( j) or any other
    provision of this Act until 30 days after the date on which the
    President has transmitted to the Committee on International
    Relations of the House of Representatives and the Committee on
    Foreign Relations of the Senate a notification that includes--
              (A) a description of the scope of the exemption,
            including a detailed summary of the defense articles,
            defense services, and related technical data covered by
            the exemption; and
              (B) a determination by the Attorney General that the
            bilateral agreement concluded under subsection (j)
            requires the compilation and maintenance of sufficient
            documentation relating to the export of United States
            defense articles, defense services, and related
            technical data to facilitate law enforcement efforts to
            detect, prevent, and prosecute criminal violations of
            any provision of this Act, including the efforts on the
            part of countries and factions engaged in international
            terrorism to illicitly acquire sophisticated United
            States defense items.
        (3) Paragraph (2) shall not apply with respect to an
    exemption for Canada from the licensing requirements of this
    Act for the export of defense items.
      (g) \217\ (1) The President shall develop appropriate
    mechanisms to identify, in connection with the export licensing
    process under this section--
    ---------------------------------------------------------------------------
        \217\ Subsec. (g) was added by sec. 1255 of the Foreign Relations
    Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101
    Stat. 1429).
    ---------------------------------------------------------------------------
              (A) persons who are the subject of an indictment for,
            or have been convicted of, a violation under--
                      (i) this section,
                      (ii) section 11 of the Export Administration
                    Act of 1979 (50 U.S.C. App. 2410),
                      (iii) section 793, 794, or 798 of title 18,
                    United States Code (relating to espionage
                    involving defense or classified information) or
                    section 2339A of such title (relating to
                    providing material support to terrorists),\218\
    ---------------------------------------------------------------------------
        \218\ Sec. 1304 of the Arms Control, Nonproliferation, and Security
    Assistance Act of 1999 (Division B of the Admiral James W. Nance and
    Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
    2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law
    106-113; 113 Stat. 1536), added ``or section 2339A of such title
    (relating to providing material support to terrorists)''.
    ---------------------------------------------------------------------------
                      (iv) section 16 of the Trading with the Enemy
                    Act (50 U.S.C. App. 16),
                      (v) section 206 of the International
                    Emergency Economic Powers Act (relating to
                    foreign assets controls; 50 U.S.C. App. 1705),
                      (vi) section 30A of the Securities Exchange
                    Act of 1934 (15 U.S.C. 78dd1) or section 104 of
                    the Foreign Corrupt Practices Act (15 U.S.C.
                    78dd2),
                      (vii) chapter 105 of title 18, United States
                    Code (relating to sabotage),
                      (viii) section 4(b) of the Internal Security
                    Act of 1950 (relating to communication of
                    classified information; 50 U.S.C. 783(b)),
                      (ix) section 57, 92, 101, 104, 222, 224, 225,
                    or 226 of the Atomic Energy Act of 1954 (42
                    U.S.C. 2077, 2122, 2131, 2134, 2272, 2274,
                    2275, and 2276),
                      (x) section 601 of the National Security Act
                    of 1947 (relating to intelligence identities
                    protection; 50 U.S.C. 421), or
                      (xi) section 603 (b) or (c) of the
                    Comprehensive Anti-Apartheid Act of 1986 (22
                    U.S.C. 5113 (b) and (c));
              (B) persons who are the subject of an indictment or
            have been convicted under section 371 of title 18,
            United States Code, for conspiracy to violate any of
            the statutes cited in subparagraph (A); and
              (C) persons who are ineligible--
                      (i) to contract with,
                      (ii) to receive a license or other form of
                    authorization to export from, or
                      (iii) to receive a license or other form of
                    authorization to import defense articles or
                    defense services from,
            any agency of the United States Government.
      (2) The President shall require that each applicant for a
    license to export an item on the United States Munitions List
    identify in the application all consignees and freight
    forwarders involved in the proposed export.
      (3) If the President determines--
              (A) that an applicant for a license to export under
            this section is the subject of an indictment for a
            violation of any of the statutes cited in paragraph
            (1),
              (B) that there is reasonable cause to believe that an
            applicant for a license to export under this section
            has violated any of the statutes cited in paragraph
            (1), or
              (C) that an applicant for a license to export under
            this section is ineligible to contract with, or to
            receive a license or other form of authorization to
            import defense articles or defense services from, any
            agency of the United States Government,
    the President may disapprove the application. The President
    shall consider requests by the Secretary of the Treasury to
    disapprove any export license application based on these
    criteria.
      (4) A license to export an item on the United States
    Munitions List may not be issued to a person--
              (A) if that person, or any party to the export, has
            been convicted of violating a statute cited in
            paragraph (1), or
              (B) if that person, or any party to the export, is at
            the time of the license review ineligible to receive
            export licenses (or other forms of authorization to
            export) from any agency of the United States
            Government,
    except as may be determined on a case-by-case basis by the
    President, after consultation with the Secretary of the
    Treasury, after a thorough review of the circumstances
    surrounding the conviction or ineligibility to export and a
    finding by the President that appropriate steps have been taken
    to mitigate any law enforcement concerns.
      (5) A license to export an item on the United States
    Munitions List may not be issued to a foreign person (other
    than a foreign government).
      (6) The President may require a license (or other form of
    authorization) before any item on the United States Munitions
    List is sold or otherwise transferred to the control or
    possession of a foreign person or a person acting on behalf of
    a foreign person.
      (7) \219\ The President shall, in coordination with law
    enforcement and national security agencies, develop standards
    for identifying high-risk exports for regular end-use
    verification. These standards shall be published in the Federal
    Register and the initial standards shall be published not later
    than October 1, 1988.
    ---------------------------------------------------------------------------
        \219\ Sometimes referred to as the ``Blue Lantern Program''.
    ---------------------------------------------------------------------------
      (8) Upon request of the Secretary of State, the Secretary of
    Defense and the Secretary of the Treasury shall detail to the
    office primarily responsible for export licensing functions
    under this section, on a nonreimbursable basis, personnel with
    appropriate expertise to assist in the initial screening of
    applications for export licenses under this section in order to
    determine the need for further review of those applications for
    foreign policy, national security, and law enforcement
    concerns.
      (9) For purposes of this subsection--
              (A) the term ``foreign corporation'' means a
            corporation that is not incorporated in the United
            States;
              (B) the term ``foreign government'' includes any
            agency or subdivision of a foreign government,
            including an official mission of a foreign government;
              (C) the term ``foreign person'' means any person who
            is not a citizen or national of the United States or
            lawfully admitted to the United States for permanent
            residence under the Immigration and Nationality Act,
            and includes foreign corporations, international
            organizations, and foreign governments;
              (D) the term ``party to the export'' means--
                      (i) the president, the chief executive
                    officer, and other senior officers of the
                    license applicant;
                      (ii) the freight forwarders or designated
                    exporting agent of the license application; and
                      (iii) any consignee or end user of any item
                    to be exported; and
              (E) the term ``person'' means a natural person as
            well as a corporation, business association,
            partnership, society, trust, or any other entity,
            organization, or group, including governmental
            entities.
        (h) \220\ The designation by the President (or by an
    official to whom the President's functions under subsection (a)
    have been duly delegated), in regulations issued under this
    section, of items as defense articles or defense services for
    purposes of this section shall not be subject to judicial
    review.
    ---------------------------------------------------------------------------
        \220\ Sec. 6 of the Anti-Terrorism and Arms Export Amendments Act
    of 1989 (Public Law 101-222; 103 Stat. 1899) added subsec. (h).
    ---------------------------------------------------------------------------
        (i) \221\ As prescribed in regulations issued under this
    section, a United States person to whom a license has been
    granted to export an item on the United States Munitions List
    shall, not later than 15 days after the item is exported,
    submit to the Department of State a report containing all
    shipment information, including a description of the item and
    the quantity, value, port of exit, and end-user and country of
    destination of the item.
    ---------------------------------------------------------------------------
        \221\ Sec. 1302(a) of the Arms Control, Nonproliferation, and
    Security Assistance Act of 1999 (Division B of the Admiral James W.
    Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
    2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of
    Public Law 106-113; 113 Stat. 1536), added subsec. (i).
    ---------------------------------------------------------------------------
        (j) \222\ Requirements Relating to Country Exemptions for
    Licensing of Defense Items for Export to Foreign Countries.--
    ---------------------------------------------------------------------------
        \222\ Sec. 102(a) of the Security Assistance Act of 2000 (Public
    Law 106-280; 114 Stat. 846) added subsec. (j).
    ---------------------------------------------------------------------------
              (1) Requirement for bilateral agreement.--
                      (A) In general.--The President may utilize
                    the regulatory or other authority pursuant to
                    this Act to exempt a foreign country from the
                    licensing requirements of this Act with respect
                    to exports of defense items only if the United
                    States Government has concluded a binding
                    bilateral agreement with the foreign country.
                    Such agreement shall--
                              (i) meet the requirements set forth
                            in paragraph (2); and
                              (ii) be implemented by the United
                            States and the foreign country in a
                            manner that is legally-binding under
                            their domestic laws.
                      (B) Exception.--The requirement to conclude a
                    bilateral agreement in accordance with
                    subparagraph (A) shall not apply with respect
                    to an exemption for Canada from the licensing
                    requirements of this Act for the export of
                    defense items.
              (2) Requirements of bilateral agreement.--A bilateral
            agreement referred to paragraph (1)--
                      (A) shall, at a minimum, require the foreign
                    country, as necessary, to revise its policies
                    and practices, and promulgate or enact
                    necessary modifications to its laws and
                    regulations to establish an export control
                    regime that is at least comparable to United
                    States law, regulation, and policy requiring--
                              (i) conditions on the handling of all
                            United States-origin defense items
                            exported to the foreign country,
                            including prior written United States
                            Government approval for any reexports
                            to third countries;
                              (ii) end-use and retransfer control
                            commitments, including securing binding
                            end-use and retransfer control
                            commitments from all end-users,
                            including such documentation as is
                            needed in order to ensure compliance
                            and enforcement, with respect to such
                            United States-origin defense items;
                              (iii) establishment of a procedure
                            comparable to a ``watchlist'' (if such
                            a watchlist does not exist) and full
                            cooperation with United States
                            Government law enforcement agencies to
                            allow for sharing of export and import
                            documentation and background
                            information on foreign businesses and
                            individuals employed by or otherwise
                            connected to those businesses; and
                              (iv) establishment of a list of
                            controlled defense items to ensure
                            coverage of those items to be exported
                            under the exemption; and
                      (B) should, at a minimum, require the foreign
                    country, as necessary, to revise its policies
                    and practices, and promulgate or enact
                    necessary modifications to its laws and
                    regulations to establish an export control
                    regime that is at least comparable to United
                    States law, regulation, and policy regarding--
                              (i) controls on the export of
                            tangible or intangible technology,
                            including via fax, phone, and
                            electronic media;
                              (ii) appropriate controls on
                            unclassified information relating to
                            defense items exported to foreign
                            nationals;
                              (iii) controls on international arms
                            trafficking and brokering;
                              (iv) cooperation with United States
                            Government agencies, including
                            intelligence agencies, to combat
                            efforts by third countries to acquire
                            defense items, the export of which to
                            such countries would not be authorized
                            pursuant to the export control regimes
                            of the foreign country and the United
                            States; and
                              (v) violations of export control
                            laws, and penalties for such
                            violations.
              (3) Advance certification.--Not less than 30 days
            before authorizing an exemption for a foreign country
            from the licensing requirements of this Act for the
            export of defense items, the President shall transmit
            to the Committee on International Relations of the
            House of Representatives and the Committee on Foreign
            Relations of the Senate a certification that--
                      (A) the United States has entered into a
                    bilateral agreement with that foreign country
                    satisfying all requirements set forth in
                    paragraph (2);
                      (B) the foreign country has promulgated or
                    enacted all necessary modifications to its laws
                    and regulations to comply with its obligations
                    under the bilateral agreement with the United
                    States; and
                      (C) the appropriate congressional committees
                    will continue to receive notifications pursuant
                    to the authorities, procedures, and practices
                    of section 36 of this Act for defense exports
                    to a foreign country to which that section
                    would apply and without regard to any form of
                    defense export licensing exemption otherwise
                    available for that country.
              (4) Definitions.--In this section:
                      (A) Defense items.--The term ``defense
                    items'' means defense articles, defense
                    services, and related technical data.
                      (B) Appropriate congressional committees.--
                    The term ``appropriate congressional
                    committees'' means--
                              (i) the Committee on International
                            Relations and the Committee on
                            Appropriations of the House of
                            Representatives; and
                              (ii) the Committee on Foreign
                            Relations and the Committee on
                            Appropriations of the Senate.
        Sec. 39.\223\ Fees of Military Sales Agents and Other
    Payments.--(a) In accordance with such regulations as he may
    prescribe, the Secretary of State shall require adequate and
    timely reporting on political contributions, gifts, commissions
    and fees paid, or offered or agreed to be paid, by any person
    in connection with--
    ---------------------------------------------------------------------------
        \223\ 22 U.S.C. 2779. Sec. 39 was added by sec. 604(b) of the
    International Security Assistance and Arms Export Control Act of 1976
    (Public Law 94-329; 90 Stat. 767). Sec. 604(c) of the same Act stated
    that this amendment ``shall take effect sixty days after the date of
    enactment of this Act'' (August 29, 1976).
    ---------------------------------------------------------------------------
              (1) sales of defense articles or defense services
            under section 22, or of design and construction
            services under section 29 \224\ of this Act; or
    ---------------------------------------------------------------------------
        \224\ The reference to design and construction services under sec.
    29 was added by sec. 105(e)(2)(A) of the International Security and
    Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3135).
    ---------------------------------------------------------------------------
              (2) commercial sales of defense articles or defense
            services licensed or approved under section 38 of this
            Act;
    to or for the armed forces of a foreign country or
    international organization in order to solicit, promote, or
    otherwise to secure the conclusion of such sales. Such
    regulations shall specify the amounts and the kinds of
    payments, offers, and agreements to be reported, and the form
    and timing of reports, and shall require reports on the names
    of sales agents and other persons receiving such payments. The
    Secretary of State shall by regulation require such
    recordkeeping as he determines is necessary.
        (b) The President may, by regulation, prohibit, limit, or
    prescribe conditions with respect to such contributions, gifts,
    commissions, and fees as he determines will be in furtherance
    of the purposes of this Act.
        (c) No such contribution, gift, commission, or fee may be
    included, in whole or in part, in the amount paid under any
    procurement contract entered into under section 22 or section
    29 \225\ of this Act, unless the amount thereof is reasonable,
    allocable to such contract, and not made to a person who has
    solicited, promoted, or otherwise secured such sale, or has
    held himself out as being able to do so, through improper
    influence. For the purposes of this section, ``improper
    influence'' means influence, direct or indirect, which induces
    or attempts to induce consideration or action by any employee
    or officer of a purchasing foreign government or international
    organization with respect to such purchase on any basis other
    than such consideration of merit as are involved in comparable
    United States procurements.
    ---------------------------------------------------------------------------
        \225\ The reference to sec. 29 was added by sec. 105(e)(2)(B) of
    the International Security and Development Cooperation Act of 1980
    (Public Law 96-533; 94 Stat. 3155).
    ---------------------------------------------------------------------------
        (d)(1) All information reported to the Secretary of State
    and all records maintained by any person pursuant to
    regulations prescribed under this section shall be available,
    upon request, to any standing committee of the Congress or any
    subcommittee thereof and to any agency of the United States
    Government authorized by law to have access to the books and
    records of the person required to submit reports or to maintain
    records under this section.
        (2) Access by an agency of the United States Government to
    records maintained under this section shall be on the same
    terms and conditions which govern the access by such agency to
    the books and records of the person concerned.

    SEC. 39A.\226\ PROHIBITION ON INCENTIVE PAYMENTS.

        (a) No United States supplier of defense articles or
    services sold or licensed \227\ under this Act, nor any
    employee, agent, or subcontractor thereof, shall, with respect
    to the sale or export \228\ of any such defense article or
    defense service to a foreign country, make any incentive
    payments for the purpose of satisfying, in whole or in part,
    any offset agreement with that country.
    ---------------------------------------------------------------------------
        \226\ 22 U.S.C. 2779a. Sec. 733 of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108
    Stat. 504), added sec. 39A. Functions in this section are delegated to
    the Under Secretary of State for International Security Affairs
    (Department of State Public Notice 2086; Delegation of Authority No.
    214; 59 F.R. 50790).
        \227\ Sec. 1246(a)(1) of the Defense Offsets Disclosure Act of 1999
    (title XII, subtitle D of the Admiral James W. Nance and Meg Donovan
    Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
    3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
    113 Stat. 1536)) inserted ``or licensed'' after ``sold''.
        \228\ Sec. 1246(a)(2) of the Defense Offsets Disclosure Act of 1999
    (title XII, subtitle D of the Admiral James W. Nance and Meg Donovan
    Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
    3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
    113 Stat. 1536)) inserted ``or export'' after ``sale''.
    ---------------------------------------------------------------------------
        (b) Any person who violates the provisions of this section
    shall be subject to the imposition of civil penalties as
    provided for in this section.
        (c) In the enforcement of this section, the President is
    authorized to exercise the same powers concerning violations
    and enforcement and imposition of civil penalties which are
    conferred upon departments, agencies and officials by
    subsections (c), (d), (e), and (f) of section 11 of the Export
    Administration Act of 1979 and section 12(a) of such Act,
    subject to the same terms and conditions as are applicable to
    such powers under that Act, except that section 11(c)(2)(B) of
    such Act shall not apply, and instead, as prescribed in
    regulations issued under this section, the Secretary of State
    may assess civil penalties for violations of this Act and
    regulations prescribed thereunder and further may commence a
    civil action to recover such civil penalties, and except
    further that \229\ notwithstanding section 11(c) of that Act,
    the civil penalty for each violation of this section may not
    exceed $500,000 or five times the amount of the prohibited
    incentive payment, whichever is greater.
    ---------------------------------------------------------------------------
        \229\ Sec. 1303 of the Arms Control, Nonproliferation, and Security
    Assistance Act of 1999 (Division B of the Admiral James W. Nance and
    Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
    2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law
    106-113; 113 Stat. 1536), added ``section 11(c)(2)(B) of such Act shall
    not apply, and instead, as prescribed in regulations issued under this
    section, the Secretary of State may assess civil penalties for
    violations of this Act and regulations prescribed thereunder and
    further may commence a civil action to recover such civil penalties,
    and except further that'' to secs. 38(e), 39A(c), and 40(k) of this
    Act.
    ---------------------------------------------------------------------------
        (d) For purposes of this section--
              (1) the term ``offset agreement'' means an agreement,
            arrangement, or understanding between a United States
            supplier of defense articles or defense services and a
            foreign country under which the supplier agrees to
            purchase or acquire, or to promote the purchase or
            acquisition by other United States persons of, goods or
            services produced, manufactured, grown, or extracted,
            in whole or in part, in that foreign country in
            consideration for the purchase by the foreign country
            of defense articles or defense services from the
            supplier;
              (2) the term ``incentive payments'' means direct
            monetary compensation made by a United States supplier
            of defense articles or defense services or by any
            employee, agent or subcontractor thereof to any other
            United States person to induce or persuade that United
            States person to purchase or acquire goods or services
            produced, manufactured, grown, or extracted, in whole
            or in part, in the foreign country which is purchasing
            those defense articles or services from the United
            States supplier; and
              (3) the term ``United States person'' means--
                      (A) an individual who is a national or
                    permanent resident alien of the United States;
                    and
                      (B) any corporation, business association,
                    partnership, trust, or other juridical entity--
                              (i) organized under the laws of the
                            United States or any State, the
                            District of Columbia, or any territory
                            or possession of the United States; or
                              (ii) owned or controlled in fact by
                            individuals described in subparagraph
                            (A) or by an entity described in clause
                            (i).\230\
    ---------------------------------------------------------------------------
        \230\ Sec. 1246(b) of the Defense Offsets Disclosure Act of 1999
    (title XII, subtitle D of the Admiral James W. Nance and Meg Donovan
    Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
    3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
    113 Stat. 1536)) inserted ``or by an entity described in clause (i)''
    after ``subparagraph (A)''.
    ---------------------------------------------------------------------------
        Sec. 40.\231\ Transactions With Countries Supporting Acts
    of International Terrorism.
    ---------------------------------------------------------------------------
        \231\ 22 U.S.C. 2780. See also 22 CFR Part 120-130. Sec. 40 was
    added by sec. 509(a) of Public Law 99-399 (100 Stat. 874). Sec. 40 was
    amended and restated by the Anti-Terrorism and Arms Export Amendments
    Act of 1989 (Public Law 101-222; 103 Stat. 1892). It previously read as
    follows:
        ``Sec. 40. Exports to Countries Supporting Acts of International
    Terrorism.
        ``(a) Prohibition.--Except as provided in subsection (b), items on
    the United States Munitions List may not be exported to any country
    which the Secretary of State has determined, for purposes of section
    6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App.
    2405(j)(1)(A)), has repeatedly provided support for acts of
    international terrorism.
        ``(b) Waiver.--The President may waive the prohibition contained in
    subsection (a) in the case of a particular export if the President
    determines that the export is important to the national interests of
    the United States and submits to the Congress a report justifying that
    determination and describing the proposed export. Any such waiver shall
    expire at the end of 90 days after it is granted unless the Congress
    enacts a law extending the waiver.''.
    ---------------------------------------------------------------------------
        (a) Prohibited Transactions by the United States
    Government.--The following transactions by the United States
    Government are prohibited:
              (1) Exporting or otherwise providing (by sale, lease
            or loan, grant, or other means), directly or
            indirectly, any munitions item to a country described
            in subsection (d) under the authority of this Act, the
            Foreign Assistance Act of 1961, or any other law
            (except as provided in subsection (h)). In implementing
            this paragraph, the United States Government--
                      (A) shall suspend delivery to such country of
                    any such item pursuant to any such transaction
                    which has not been completed at the time the
                    Secretary of State makes the determination
                    described in subsection (d), and
                      (B) shall terminate any lease or loan to such
                    country of any such item which is in effect at
                    the time the Secretary of State makes that
                    determination.
              (2) Providing credits, guarantees, or other financial
            assistance under the authority of this Act, the Foreign
            Assistance Act of 1961, or any other law (except as
            provided in subsection (h)), with respect to the
            acquisition of any munitions item by a country
            described in subsection (d). In implementing this
            paragraph, the United States Government shall suspend
            expenditures pursuant to any such assistance obligated
            before the Secretary of State makes the determination
            described in subsection (d). The President may
            authorize expenditures otherwise required to be
            suspended pursuant to the preceding sentence if the
            President has determined, and reported to the Congress,
            that suspension of those expenditures causes undue
            financial hardship to a supplier, shipper, or similar
            person and allowing the expenditure will not result in
            any munitions item being made available for use by such
            country.
              (3) Consenting under section 3(a) of this Act, under
            section 505(a) of the Foreign Assistance Act of 1961,
            under the regulations issued to carry out section 38 of
            this Act, or under any other law (except as provided in
            subsection (h)), to any transfer of any munitions item
            to a country described in subsection (d). In
            implementing this paragraph, the United States
            Government shall withdraw any such consent, which is in
            effect at the time the Secretary of State makes the
            determination described in subsection (d), except that
            this sentence does not apply with respect to any item
            that has already been transferred to such country.
              (4) Providing any license or other approval under
            section 38 of this Act for any export or other transfer
            (including by means of a technical assistance
            agreement, manufacturing licensing agreement, or
            coproduction agreement) of any munitions item to a
            country described in subsection (d). In implementing
            this paragraph, the United States Government shall
            suspend any such license or other approval which is in
            effect at the time the Secretary of State makes the
            determination described in subsection (d), except that
            this sentence does not apply with respect to any item
            that has already been exported or otherwise transferred
            to such country.
              (5) Otherwise facilitating the acquisition of any
            munitions item by a country described in subsection
            (d). This paragraph applies with respect to activities
            undertaken--
                      (A) by any department, agency, or other
                    instrumentality of the Government,
                      (B) by any officer or employee of the
                    Government (including members of the United
                    States Armed Forces), or
                      (C) by any other person at the request or on
                    behalf of the Government.
    The Secretary of State may waive the requirements of the second
    sentence of paragraph (1), the second sentence of paragraph
    (3), and the second sentence of paragraph (4) to the extent
    that the Secretary determines, after consultation with the
    Congress, that unusual and compelling circumstances require
    that the United States Government not take the actions
    specified in that sentence.
        (b) Prohibited Transactions by United States Persons.--
              (1) In general.--A United States person may not take
            any of the following actions:
                      (A) Exporting any munitions item to any
                    country described in subsection (d).
                      (B) Selling, leasing, loaning, granting, or
                    otherwise providing any munitions item to any
                    country described in subsection (d).
                      (C) Selling, leasing, loaning, granting, or
                    otherwise providing any munitions item to any
                    recipient which is not the government of or a
                    person in a country described in subsection (d)
                    if the United States person has reason to know
                    that the munitions item with be made available
                    to any country described in subsection (d).
                      (D) Taking any other action which would
                    facilitate the acquisition, directly or
                    indirectly, of any munitions item by the
                    government of any country described in
                    subsection (d), or any person acting on behalf
                    of that government, if the United States person
                    has reason to know that that action will
                    facilitate the acquisition of that item by such
                    a government or person.
              (2) Liability for actions of foreign subsidiaries,
            etc.--A United State person violates this subsection if
            a corporation or other person that is controlled in
            fact by that United States person (as determined under
            regulations, which the President shall issue), takes an
            action described in paragraph (1) outside the United
            States.
              (3) Applicability to actions outside the united
            states.--Paragraph (1) applies with respect to actions
            described in that paragraph which are taken either
            within or outside the United States by a United States
            person described in subsection (l)(3)(A) or (B). To the
            extent provided in regulations issued under subsection
            (l)(3)(D), paragraph (1) applies with respect to
            actions described in that paragraph which are taken
            outside the United State by a person designated as a
            United States person in those regulations.
        (c) Transfers to Governments and Persons Covered.--This
    section applies with respect to--
              (1) the acquisition of munitions items by the
            government of a country described in subsection (d);
            and
              (2) the acquisition of munitions items by any
            individual, group, or other person within a country
            described in subsection (d), except to the extent that
            subparagraph (D) of subsection (b)(1) provides
            otherwise.
        (d) \232\ Countries Covered by Prohibition.--The
    prohibitions contained in this section apply with respect to a
    country if the Secretary of State determines that the
    government of that country has repeatedly provided support for
    acts of international terrorism. For purposes of this
    subsection, such acts shall include all activities that the
    Secretary determines willfully aid or abet the international
    proliferation of nuclear explosive devices to individuals or
    groups or willfully aid or abet an individual or groups in
    acquiring unsafeguarded special nuclear material.\233\
    ---------------------------------------------------------------------------
        \232\ Sec. 549 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on
    October 24, 2000, enacted by reference in sec. 101(a) of Public Law
    106-429; 114 Stat. 1900A-40), provided the following:
    ---------------------------------------------------------------------------

     ``prohibition on assistance to foreign governments that export lethal
       military equipment to countries supporting international terrorism
    ---------------------------------------------------------------------------
        ``Sec. 549. (a) None of the funds appropriated or otherwise made
    available by this Act may be available to any foreign government which
    provides lethal military equipment to a country the government of which
    the Secretary of State has determined is a terrorist government for
    purposes of section 40(d) of the Arms Export Control Act. The
    prohibition under this section with respect to a foreign government
    shall terminate 12 months after that government ceases to provide such
    military equipment. This section applies with respect to lethal
    military equipment provided under a contract entered into after October
    1, 1997.
        ``(b) Assistance restricted by subsection (a) or any other similar
    provision of law, may be furnished if the President determines that
    furnishing such assistance is important to the national interests of
    the United States.
        ``(c) Whenever the waiver of subsection (b) is exercised, the
    President shall submit to the appropriate congressional committees a
    report with respect to the furnishing of such assistance. Any such
    report shall include a detailed explanation of the assistance to be
    provided, including the estimated dollar amount of such assistance, and
    an explanation of how the assistance furthers United States national
    interests.''.
        \233\ Sec. 822(a)(2)(A) of the Nuclear Proliferation Prevention Act
    of 1994 (title VIII of the Foreign Relations Authorization Act, Fiscal
    Years 1994 and 1995; Public Law 103-236; 108 Stat. 511), added the
    sentence that begins ``For purposes of this subsection, * * *''.
    ---------------------------------------------------------------------------
        (e) Publication of Determinations.--Each determination of
    the Secretary of State under subsection (d) shall be published
    in the Federal Register.
        (f) Rescission.--(1) \234\ A determination made by the
    Secretary of State under subsection (d) may not be rescinded
    unless the President submits to the Speaker of the House of
    Representatives and the chairman of the Committee on Foreign
    Relations of the Senate--
    ---------------------------------------------------------------------------
        \234\ Sec. 321(3) of the Foreign Relations Authorization Act,
    Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 710),
    inserted new designation for par. (1), and sec. 321(4) added a new par.
    (2).
    ---------------------------------------------------------------------------
              (A) \235\ before the proposed rescission would take
            effect, a report certifying that--
    ---------------------------------------------------------------------------
        \235\ Sec. 321(2) of the Foreign Relations Authorization Act,
    Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 710),
    redesignated pars. (1) and (2), as subpars. (A) and (B), respectively.
    ---------------------------------------------------------------------------
                      (i) \236\ there has been a fundamental change
                    in the leadership and policies of the
                    government of the country concerned;
    ---------------------------------------------------------------------------
        \236\ Sec. 321(1) of the Foreign Relations Authorization Act,
    Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 710),
    redesignated ``subparagraphs (A), (B), and (C) of each of paragraphs
    (1) and (2) as clauses (i), (ii), and (iii), respectively.''. Clause
    (2), redesignated here as subpar. (B), however, has only two subpars.,
    redesignated here as (i) and (ii), from (A) and (B), respectively.
    ---------------------------------------------------------------------------
                      (ii) \236\ that government is not supporting
                    acts of international terrorism; and
                      (iii) \236\ that government has provided
                    assurances that it will not support acts of
                    international terrorism in the future; or
              (B) \235\ at least 45 days before the proposed
            rescission would take effect, a report justifying the
            rescission and certifying that--
                      (i) \236\ the government concerned has not
                    provided any support for international
                    terrorism during the preceding 6-month period;
                    and
                      (ii) \236\ the government concerned has
                    provided assurances that it will not support
                    acts of international terrorism in the future.
      (2) \234\ (A) No rescission under paragraph (1)(B) of a
    determination under subsection (d) may be made if the Congress,
    within 45 days after receipt of a report under paragraph
    (1)(B), enacts a joint resolution the matter after the
    resolving clause of which is as follows: ``That the proposed
    rescission of the determination under section 40(d) of the Arms
    Export Control Act pursuant to the report submitted to the
    Congress on ________________ is hereby prohibited.'', the blank
    to be completed with the appropriate date.
      (B) A joint resolution described in subparagraph (A) and
    introduced within the appropriate 45-day period shall be
    considered in the Senate and the House of Representatives in
    accordance with paragraphs (3) through (7) of section 8066(c)
    of the Department of Defense Appropriations Act (as contained
    in Public Law 98-473),\237\ except that references in such
    paragraphs to the Committees on Appropriations of the House of
    Representatives and the Senate shall be deemed to be references
    to the Committee on Foreign Affairs \238\ of the House of
    Representatives and the Committee on Foreign Relations of the
    Senate, respectively.
    ---------------------------------------------------------------------------
        \237\ Sec. 8066 of the Department of Defense Appropriations Act
    (title VIII of the Continuing Appropriations, 1985; Public Law 98-473;
    98 Stat. 1837 at 1935), placed restrictions on fiscal year 1985 funds
    made available to the Central Intelligence Agency, the Department of
    Defense, or any other agency or entity of the United States involved in
    intelligence activities, which would have the effect of supporting,
    directly or indirectly, military or paramilitary operations in
    Nicaragua by any nation, group, organization, movement, or individual.
    Subsec. (b) of that section allowed for the lifting of the prohibition
    (1) if the President reported on certain criteria; and (2) if a joint
    resolution approving assistance for military or paramilitary operations
    in Nicaragua were to be enacted.
        In particular subsec. (c), pars. (1) and (3) through (7), provided
    the following [par. (1) included here because of repeated references to
    it throughout pars. (3)-(7)]:
        ``(c)(1) For the purpose of subsection (b)(2), `joint resolution'
    means only a joint resolution introduced after the date on which the
    report of the President under subsection (b)(1) is received by the
    Congress, the matter after the resolving clause of which is as follows:
    `That the Congress approved the obligation and expenditure of funds
    available for fiscal year 1985 for supporting, directly or indirectly,
    military or paramilitary operations in Nicaragua.'.
    ---------------------------------------------------------------------------
              * * * * * * *
    ---------------------------------------------------------------------------
        ``(3) A resolution described in paragraph (1) introduced in the
    House of Representatives shall be referred to the Committee on
    Appropriations of the House of Representatives. A resolution described
    in paragraph (1) introduced in the Senate shall be referred to the
    Committee on Appropriations of the Senate. Such a resolution may not be
    reported before the eighth day after its introduction.
        ``(4) If the committee to which is referred a resolution described
    in paragraph (1) has not reported such resolution (or an identical
    resolution) at the end of fifteen calendar days after its introduction,
    such committee shall be discharged from further consideration of such
    resolution and such resolution shall be placed on the appropriate
    calendar of the House involved.
        ``(5)(A) When the committee to which a resolution is referred has
    reported, or has been deemed to be discharged (under paragraph (4))
    from further consideration of, a resolution described in paragraph (1),
    notwithstanding any rule or precedent of the Senate, including Rule 22,
    it is at any time thereafter in order (even though a previous motion to
    the same effect has been disagreed to) for any Member of the respective
    House to move to proceed to the consideration of the resolution, and
    all points of order against the resolution (and against consideration
    of the resolution) are waived. The motion is highly privileged in the
    House of Representatives and is privileged in the Senate and is not
    debatable. The motion is not subject to amendment, or to a motion to
    postpone, or to a motion to proceed to the consideration of other
    business. A motion to reconsider the vote by which the motion is agreed
    to or disagreed to shall not be in order. If a motion to proceed to the
    consideration of the resolution is agreed to, the resolution shall
    remain the unfinished business of the respective House until disposed
    of.
        ``(B) Debate on the resolution, and on all debatable motions and
    appeals in connection therewith, shall be limited to not more than ten
    hours, which shall be divided equally between those favoring and those
    opposing the resolution. A motion further to limit debate is in order
    and not debatable. An amendment to, or a motion to postpone, or a
    motion to proceed to the consideration of other business, or a motion
    to proceed to the consideration of other business, or a motion to
    recommit the resolution is not in order. A motion to reconsider the
    vote by which the resolution is agreed to or disagreed to is not in
    order.
        ``(C) Immediately following the conclusion of the debate on a
    resolution described in paragraph (1), and a single quorum call at the
    conclusion of the debate if requested in accordance with the rules of
    the appropriate House, the vote on final passage of the resolution
    shall occur.
        ``(D) Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate or the House of Representatives,
    as the case may be, to the procedure relating to a resolution described
    in paragraph (1) shall be decided without debate.
        ``(6) If, before the passage by the Senate of a resolution of the
    Senate described in paragraph (1), the Senate receives from the House
    of Representatives a resolution described in paragraph (1), then the
    following procedures shall apply:
    ---------------------------------------------------------------------------

              ``(A) The resolution of the House of Representatives shall
            not be referred to a committee.
              ``(B) With respect to a resolution described in paragraph (1)
            of the Senate--

                      ``(i) the procedure in the Senate shall be the same
                    as if no resolution had been received from the House;
                    but
                      ``(ii) the vote on final passage shall be on the
                    resolution of the House.

              ``(C) Upon disposition of the resolution received from the
            House, it shall no longer be in order to consider the
            resolution originated in the Senate.
    ---------------------------------------------------------------------------
        ``(7) If the Senate receives from the House of Representatives a
    resolution described in paragraph (1) after the Senate has disposed of
    a Senate originated resolution, the action of the Senate with regard to
    the disposition of the Senate originated resolution shall be deemed to
    be the action of the Senate with regard to the House originated
    resolution.''.
        \238\ 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.
    ---------------------------------------------------------------------------
        (g) Waiver.--The President may waive the prohibitions
    contained in this section with respect to a specific
    transaction if--
              (1) the President determines that the transaction is
            essential to the national security interests of the
            United States; and
              (2) not less than 15 days prior to the proposed
            transaction, the President--
                      (A) consults with the Committee on Foreign
                    Affairs \238\ of the House of Representatives
                    and the Committee on Foreign Relations of the
                    Senate; and
                      (B) submits to the Speaker of the House of
                    Representatives and the chairman of the
                    Committee on Foreign Relations of the Senate a
                    report containing--
                              (i) the name of any country involved
                            in the proposed transaction, the
                            identity of any recipient of the items
                            to be provided pursuant to the proposed
                            transaction, and the anticipated use of
                            those items;
                              (ii) a description of the munitions
                            items involved in the proposed
                            transaction (including their market
                            value) and the actual sale price at
                            each step in the transaction (or if the
                            items are transferred by other than
                            sale, the manner in which they will be
                            provided);
                              (iii) the reasons why the proposed
                            transaction is essential to the
                            national security interests of the
                            United States and the justification for
                            such proposed transaction;
                              (iv) the date on which the proposed
                            transaction is expected to occur; and
                              (v) the name of every United States
                            Government department, agency, or other
                            entity involved in the proposed
                            transaction, every foreign government
                            involved in the proposed transaction,
                            and every private party with
                            significant participation in the
                            proposed transaction.
    To the extent possible, the information specified in
    subparagraph (B) of paragraph (2) shall be provided in
    unclassified form, with any classified information provided in
    an addendum to the report.
        (h) Exemption for Transactions Subject to National Security
    Act Reporting Requirements.--The prohibitions contained in this
    section do not apply with respect to any transaction subject to
    reporting requirements under title V of the National Security
    Act of 1947 (50 U.S.C. 413 et seq.; relating to congressional
    oversight of intelligence activities).
        (i) Relation to Other Laws.--
              (1) In general.--With regard to munitions items
            controlled pursuant to this Act, the provisions of this
            section shall apply notwithstanding any other
            provisions of law, other than section 614(a) of the
            Foreign Assistance Act of 1961 (22 U.S.C. 2364(a)).
              (2) Section 614(a) waiver authority.--If the
            authority of section 614(a) of the Foreign Assistance
            Act of 1961 is used to permit a transaction under that
            Act or the Arms Export Control Act which is otherwise
            prohibited by this section, the written policy
            justification required by that section shall include
            the information specified in subsection (g)(2)(B) of
            this section.
        (j) Criminal Penalty.--Any person who willfully violates
    this section shall be fined for each violation not more than
    $1,000,000, imprisoned not more than 10 years, or both.
        (k) Civil Penalties; Enforcement.--In the enforcement of
    this section, the President is authorized to exercise the same
    powers concerning violations and enforcement which are
    conferred upon departments, agencies, and officials by sections
    11(c), 11(e), 11(g), and 12(a) of the Export Administration Act
    of 1979 \239\ (subject to the same terms and conditions as are
    applicable to such powers under that Act), except that section
    11(c)(2)(B) of such Act shall not apply, and instead, as
    prescribed in regulations issued under this section, the
    Secretary of State may assess civil penalties for violations of
    this Act and regulations prescribed thereunder and further may
    commence a civil action to recover such civil penalties, and
    except further that,\240\ notwithstanding section 11(c) of that
    Act, the civil penalty for each violation of this section may
    not exceed $500,000.
    ---------------------------------------------------------------------------
        \239\ See Legislation on Foreign Relations Through 2000, vol. III,
    sec. J.
        \240\ Sec. 1303 of the Arms Control, Nonproliferation, and Security
    Assistance Act of 1999 (Division B of the Admiral James W. Nance and
    Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
    2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law
    106-113; 113 Stat. 1536), added ``section 11(c)(2)(B) of such Act shall
    not apply, and instead, as prescribed in regulations issued under this
    section, the Secretary of State may assess civil penalties for
    violations of this Act and regulations prescribed thereunder and
    further may commence a civil action to recover such civil penalties,
    and except further that'' to secs. 38(e), 39A(c), and 40(k) of this
    Act.
    ---------------------------------------------------------------------------
        (l) Definitions.--As used in this section--
              (1) the term ``munitions item'' means any item
            enumerated on the United States Munitions list (without
            regard to whether the item is imported into or exported
            from the United States);
              (2) the term ``United States'', when used
            geographically, means the several States, the District
            of Columbia, the Commonwealth of Puerto Rico, the
            Commonwealth of the Northern Mariana Islands, and any
            territory or possession of the United States; \241\
    ---------------------------------------------------------------------------
        \241\ Sec. 822(a)(2)(B) of the Nuclear Proliferation Prevention Act
    of 1994 (title VIII of the Foreign Relations Authorization Act, Fiscal
    Years 1994 and 1995; Public Law 103-236; 108 Stat. 511), struck out
    ``and'' at the end of para. (2); struck out a period at the end of
    para. (3), and inserted in lieu thereof a semicolon; and added new
    paras. (4) and (5).
    ---------------------------------------------------------------------------
              (3) the term ``United States person'' means--
                      (A) any citizen or permanent resident alien
                    of the United States;
                      (B) any sole proprietorship, partnership,
                    company, association, or corporation having its
                    principal place of business within the United
                    States or organized under the laws of the
                    United States, any State, the District of
                    Columbia, the Commonwealth of Puerto Rico, the
                    Commonwealth of the Northern Mariana Islands,
                    or any territory or possession of the United
                    States;
                      (C) any other person with respect to that
                    person's actions while in the United States;
                    and
                      (D) to the extent provided in regulations
                    issued by the Secretary of state, any person
                    that is not described in subparagraph (A), (B),
                    or (C) but--
                              (i) is a foreign subsidiary or
                            affiliate of a United States person
                            described in subparagraph (B) and is
                            controlled in fact by that United
                            States person (as determined in
                            accordance with those regulations), or
                              (ii) is otherwise subject to the
                            jurisdiction of the United States
                    with respect to that person's actions while
                    outside the United States;
              (4) \241\ the term ``nuclear explosive device'' has
            the meaning given that term in section 830(4) of the
            Nuclear Proliferation Prevention Act of 1994; and
              (5) \241\ the term ``unsafeguarded special nuclear
            material'' has the meaning given that term in section
            830(8) of the Nuclear Proliferation Prevention Act of
            1994.
        Sec. 40A.\242\ Transactions With Countries Not Fully
    Cooperating With United States Antiterrorism Efforts.--
    ---------------------------------------------------------------------------
        \242\ 22 U.S.C. 2781. Sec. 330 of the Antiterrorism and Effective
    Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1258) added
    this sec. 40A. Sec. 150(a) of Public Law 104-164 (110 Stat. 1436) also
    added a sec. 40A, relating to end-use monitoring of defense articles
    and defense services.
        On May 6, 1999, the Acting Secretary of State determined and
    certified, as is done annually, ``that the following countries are not
    cooperating fully with United States antiterrorism efforts:
    Afghanistan; Cuba; Iran; Iraq; Libya; North Korea; Sudan; and Syria''
    (Department of State Public Notice No. 3054; 64 F.R. 26474). This list
    was unchanged in the May 2000 report issued by the State Department on
    global terrorism.
    ---------------------------------------------------------------------------
        (a) Prohibited Transactions.--No defense article or defense
    service may be sold or licensed for export under this Act in a
    fiscal year to a foreign country that the President determines
    and certifies to Congress, by May 15 of the calendar year in
    which that fiscal year begins, is not cooperating fully with
    United States antiterrorism efforts.
        (b) Waiver.--The President may waive the prohibition set
    forth in subsection (a) with respect to a specific transaction
    if the President determines that the transaction is important
    to the national interests of the United States.

    Chapter 3A--END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES
                                     \243\

    SEC. 40A.\244\ END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE
                        SERVICES.

        (a) Establishment of Monitoring Program.--
              (1) In general.--In order to improve accountability
            with respect to defense articles and defense services
            sold, leased, or exported under this Act or the Foreign
            Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the
            President shall establish a program which provides for
            the end-use monitoring of such articles and services.
    ---------------------------------------------------------------------------
        \243\ Sec. 150(a) of Public Law 104-164 (110 Stat. 1436) added
    chapter 3A.
        \244\ 22 U.S.C. 2785. Added by sec. 150(a) of Public Law 104-164
    (110 Stat. 1436). Sec. 330 of the Antiterrorism and Effective Death
    Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1258) added another
    sec. 40A, relating to transactions with countries not fully cooperating
    with U.S. antiterrorism efforts.
    ---------------------------------------------------------------------------
              (2) Requirements of program.--To the extent
            practicable, such program--
                      (A) shall provide for the end-use monitoring
                    of defense articles and defense services in
                    accordance with the standards that apply for
                    identifying high-risk exports for regular end-
                    use verification developed under section
                    38(g)(7) of this Act (commonly referred to as
                    the ``Blue Lantern'' program); and
                      (B) shall be designed to provide reasonable
                    assurance that--
                              (i) the recipient is complying with
                            the requirements imposed by the United
                            States Government with respect to use,
                            transfers, and security of defense
                            articles and defense services; and
                              (ii) such articles and services are
                            being used for the purposes for which
                            they are provided.
        (b) Conduct of Program.--In carrying out the program
    established under subsection (a), the President shall ensure
    that the program--
              (1) provides for the end-use verification of defense
            articles and defense services that incorporate
            sensitive technology, defense articles and defense
            services that are particularly vulnerable to diversion
            or other misuse, or defense articles or defense
            services whose diversion or other misuse could have
            significant consequences; and
              (2) prevents the diversion (through reverse
            engineering or other means) of technology incorporated
            in defense articles.
        (c) Report to Congress.--Not later than 6 months after the
    date of the enactment of this section, and annually thereafter
    as a part of the annual congressional presentation documents
    submitted under section 634 of the Foreign Assistance Act of
    1961, the President shall transmit to the Congress a report
    describing the actions taken to implement this section,
    including a detailed accounting of the costs and number of
    personnel associated with the monitoring program.
        (d) Third Country Transfers.--For purposes of this section,
    defense articles and defense services sold, leased, or exported
    under this Act or the Foreign Assistance Act of 1961 (22 U.S.C.
    2151 et seq.) includes defense articles and defense services
    that are transferred to a third country or other third party.

        Chapter 4--GENERAL, ADMINISTRATIVE, AND MISCELLANEOUS PROVISIONS

        Sec. 41. Effective Date.--This Act shall take effect on
    July 1, 1968.
        Sec. 42.\245\ General Provisions.--(a) \246\ In carrying
    out this Act, special emphasis shall be placed on procurement
    in the United States, but, subject to the provisions of
    subsection (b) of this section, consideration shall also be
    given \247\ to coproduction or licensed production outside the
    United States of defense articles of United States origin when
    such production best serves the foreign policy, national
    security, and economy of the United States. In evaluating any
    sale proposed to be made pursuant to this Act, there shall be
    taken into consideration (A) the extent to which the proposed
    sale damages or infringes upon licensing arrangements whereby
    United States entities have granted licenses for the
    manufacture of the defense articles selected by the purchasing
    country to entities located in friendly foreign countries,
    which licenses result in financial returns to the United
    States,\248\ (B) the portion of the defense articles so
    manufactured which is of United States origin, and (C) \246\
    whether, and the extent to which, such sale might contribute to
    an arms race, aid in the development of weapons of mass
    destruction, support international terrorism, increase the
    possibility of outbreak or escalation of conflict, or prejudice
    the development of bilateral or multilateral arms control or
    nonproliferation agreements or other arrangements.
    ---------------------------------------------------------------------------
        \245\ 22 U.S.C. 2791. See also notes at section 38, regarding
    Presidential Determinations.
        \246\ Sec. 1225(a)(3) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (division G, subdivision A of Public Law 105-277; 112 Stat.
    2681) struck out ``the assessment of the Director of the United States
    Arms Control and Disarmament Agency as to'' in para. (1)(c); struck out
    para. designation ``(1)'' after subsec. designation ``(a)''; and struck
    out para. (2). Para. (2) had read as follows:
        ``(2) Any proposed sale made pursuant to this Act shall be approved
    only after consultation with the Director of the United States Arms
    Control and Disarmament Agency. The Director of the Arms Control and
    Disarmament Agency is authorized, whenever the Director determines that
    a sale under this section would be detrimental to the national security
    of the United States, to recommend to the President that such sale be
    disapproved.''.
        Previously, sec. 714(a)(2) of the Foreign Relations Authorization
    Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 497),
    added para. designation ``(1)''; redesignated clauses (1), (2), and (3)
    as (A), (B), and (C), restated clause (C); and added para. (2). Clause
    (C), as redesignated, formerly read as follows:
        ``(C) in coordination with the Director of the United States Arms
    Control and Disarmament Agency, the Director's opinion as to the extent
    to which such sale might contribute to an arms race, or increase the
    possibility of outbreak or escalation of conflict, or prejudice the
    development of bilateral or multilateral arms control arrangements.''.
        \247\ The words ``but, subject to the provisions of subsection (b)
    of this section, consideration shall also be given'' were inserted in
    lieu of ``but consideration shall also be given'' by sec. 401(f)(1) of
    the FA Act of 1971 (Public Law 92-226).
        \248\ Sec. 401(e) of the FA Act of 1971 (Public Law 92-226) struck
    out the word ``and'' which appeared at this point.
    ---------------------------------------------------------------------------
        (b) \249\ No credit sale shall be extended under section
    23, and no guarantee shall be issued under section 24, in any
    case involving coproduction or licensed,\250\ production
    outside the United States of any defense article of United
    States origin unless the Secretary of State shall, in advance
    of any such transaction, advise the appropriate committees of
    the Congress and furnish the Speaker of the House of
    Representatives and the President of the Senate with full
    information regarding the proposed transaction, including, but
    not limited to, a description of the particular defense article
    or articles which would be produced under license or coproduced
    outside the United States, the estimated value of such
    production or coproduction, and the probable impact of the
    proposed transaction on employment and production within the
    United States.
    ---------------------------------------------------------------------------
        \249\ Sec. 401(f)(2) of the FA Act of 1971 added subsecs. (b) and
    redesignated former subsecs. (b) and (c) as subsecs. (c) and (d),
    respectively.
        \250\ Although the slip law contains a comma between ``licensed,
    production'' in the first sentence, it is interpreted as ``licensed
    production'' with no comma.
    ---------------------------------------------------------------------------
        (c) \249\ Funds made available under this Act may be used
    for procurement outside the United States only if the President
    determines that such procurement will not result in adverse
    effects upon the economy of the United States or the industrial
    mobilization base, with special reference to any areas of labor
    surplus or to the net position of the United States in its
    balance of payments with the rest of the world, which outweigh
    the economic or other advantages to the United States of less
    costly procurement outside the United States.
        (d) \248\ (1) With respect to sales and guaranties under
    sections 21, 22, 23, 24, 29, and 30 \251\ the Secretary of
    Defense shall, under the direction of the President, have
    primary responsibility for--
    ---------------------------------------------------------------------------
        \251\ The reference to sec. 29 was added by sec. 105(e)(3) of the
    International Security and Development Cooperation Act of 1980 (Public
    Law 96-533; 94 Stat. 3135). The reference to sec. 30 was added by sec.
    2 of Public Law 97-392 (96 Stat. 1962).
    ---------------------------------------------------------------------------
              (A) the determination of military end-item
            requirements;
              (B) the procurement of military equipment in a manner
            which permits its integration with service programs;
              (C) the supervision of the training of foreign
            military personnel;
              (D) the movement and delivery of military end-items;
            and
              (E) within the Department of Defense, the performance
            of any other functions with respect to sales and
            guaranties.
        (2) The establishment of priorities in the procurement,
    delivery, and allocation of military equipment shall, under the
    direction of the President, be determined by the Secretary of
    Defense.
        (e) \252\ (1) Each contract for sale entered into under
    sections 21, 22, 29, and 30 \251\ of this Act, and each
    contract entered into under section 27(d) of this Act,\253\
    shall provide that such contract may be canceled in whole or in
    part, or its execution suspended, by the United States at any
    time under unusual or compelling circumstances if the national
    interest so requires.
    ---------------------------------------------------------------------------
        \252\ Subsec. (e) was added by sec. 213 of the International
    Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
    329; 90 Stat. 745).
        \253\ The reference to sec. 27(d) was added by sec. 115(b)(3) of
    the International Security and Development Cooperation Act of 1985
    (Public Law 99-83; 99 Stat. 210).
    ---------------------------------------------------------------------------
        (2)(A) Each export license issued under section 38 of this
    Act shall provide that such license may be revoked, suspended,
    or amended by the Secretary of State, without prior notice,
    whenever the Secretary deems such action to be advisable.
        (B) Nothing in this paragraph may be construed as limiting
    the regulatory authority of the President under this Act.
        (3) There are authorized to be appropriated from time to
    time such sums as may be necessary (A) to refund moneys
    received from purchasers under contracts of sale entered into
    under sections 21, 22, 29, and 30 \251\ of this Act, or under
    contracts entered into under sec. 27(d) of this Act,\253\ that
    are canceled or suspended under this subsection to the extent
    such moneys have previously been disbursed to private
    contractors and United States Government agencies for work in
    progress, and (B) to pay such damages and costs that accrue
    from the corresponding cancellation or suspension of the
    existing procurement contracts or United States Government
    agency work orders involved.
        (f) \254\ The President shall, to the maximum extent
    possible and consistent with the purposes of this Act, use
    civilian contract personnel in any foreign country to perform
    defense services sold under this Act.
    ---------------------------------------------------------------------------
        \254\ Subsec. (f) was added by sec. 605(b) of the International
    Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
    329; 90 Stat. 768).
    ---------------------------------------------------------------------------
        Sec. 43.\255\ Administrative Expenses.--(a) Funds made
    available under other law for the operations of United States
    Government agencies carrying out functions under this Act shall
    be available for the administrative expenses incurred by such
    agencies under this Act.
    ---------------------------------------------------------------------------
        \255\ 22 U.S.C. 2792.
    ---------------------------------------------------------------------------
        (b) \256\ Charges for administrative services calculated
    under section 21(e)(1)(A) of this Act shall include recovery of
    administrative expenses and official reception and
    representation expenses \257\ incurred by any department or
    agency of the United States Government, including any mission
    or group thereof, in carrying out functions under this Act
    when--
    ---------------------------------------------------------------------------
        \256\ Subsec. (b), as added by sec. 214 of the International
    Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
    329; 90 Stat. 746), was amended and restated by sec. 7(d) of the
    International Security Assistance Act of 1977 (Public Law 95-92; 91
    Stat. 617).
        \257\ The reference to reception and representation expenses was
    added by sec. 120(1) of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 204).
    ---------------------------------------------------------------------------
              (1) such functions are primarily for the benefit of
            any foreign country;
              (2) such expenses are not directly and fully charged
            to, and reimbursed from amounts received for, sale of
            defense services under section 21(a) of this Act; and
              (3) \258\ such expenses are neither salaries of the
            Armed Forces of the United States nor represent
            unfunded estimated costs of civilian retirement and
            other benefits.
    ---------------------------------------------------------------------------
        \258\ Sec. 9104(b)(1) of the Department of Defense Appropriations
    Act, 1990 (Public Law 101-165; 103 Stat. 1152) added par. (3).
    ---------------------------------------------------------------------------
        (c) \259\ Not more than $72,500 of the funds derived from
    charges for administrative services pursuant to section
    21(e)(1)(A) of this Act may be used each fiscal year for
    official reception and representation expenses.
    ---------------------------------------------------------------------------
        \259\ Subsec. (c), as added by sec. 19(b) of the International
    Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 709), was
    repealed by sec. 734(a)(10) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    The information previously contained in the annual report required by
    subsec. (c) is now required by sec. 25(a)(6) of this Act. Subsequently,
    a new subsec. (c) was added by sec. 120(2) of Public Law 99-83 (99
    Stat. 204).
    ---------------------------------------------------------------------------
        Sec. 44.\260\ Statutory Construction.--No provision of this
    Act shall be construed as modifying in any way the provisions
    of the Atomic Energy Act of 1954, as amended, or section 7307
    of title 10 of the United States Code.
    ---------------------------------------------------------------------------
        \260\ 22 U.S.C. 2793.
    ---------------------------------------------------------------------------
        Sec. 45. Statutes Repealed and Amended.--(a) Sections 521,
    522, 523, 524(b)(3), 525, 634(g), and 640 of the Foreign
    Assistance Act of 1961, as amended, are hereby repealed.
        (b) Part III of the Foreign Assistance Act of 1961, as
    amended, is amended as follows:
              (1) Section 622(b) is amended by striking out ``or
            sales''.
              (2) Section 622(c) is amended by striking out ``and
            sales'' and ``or sales''.
              (3) Section 632(d) is amended by striking out
            ``sections 506, 522, and 523,'' in the first sentence
            and inserting in lieu thereof ``section 506''.
              (4) Section 634(d) is amended by inserting ``or any
            other'' between ``under this'' and ``Act'' in the
            fourth sentence.
              (5) Section 644(m) is amended by striking out ``and
            sales'' in the first sentence of the paragraph
            following numbered paragraph (3).
        (c) References in law to the provisions of law repealed by
    subsection (a) of this section shall hereafter be deemed to be
    references to this Act or appropriate provisions of this Act.
    Except for the laws specified in section 44, no other provision
    of law shall be deemed to apply to this Act unless it refers
    specifically to this Act or refers generally to sales of
    defense articles and defense services under any Act.
        Sec. 46.\261\ Savings Provisions.--Except as may be
    expressly provided to the contrary in this Act, all
    determinations, authorizations, regulations, orders, contracts,
    agreements, and other actions issued, undertaken, or entered
    into under authority of any provisions of law repealed by
    section 45(a) shall continue in full force and effect until
    modified by appropriate authority.
    ---------------------------------------------------------------------------
        \261\ 22 U.S.C. 2341 note.
    ---------------------------------------------------------------------------
        Sec. 47.\262\ Definitions.--For purposes of this Act, the
    term--
    ---------------------------------------------------------------------------
        \262\ 22 U.S.C. 2794 note. Sec. 47 was added by sec. 25(12) of the
    FA Act of 1973.
    ---------------------------------------------------------------------------
        (1) ``excess defense article'' has the meaning provided by
    section 644(g) of the Foreign Assistance Act of 1961;
        (2) ``value'' means, in the case of an excess defense
    article, except as otherwise provided in sec. 21(a),\263\ not
    less than the greater of--
    ---------------------------------------------------------------------------
        \263\ This reference to sec. 21(a) was added by sec. 102(b) of the
    International Security and Development Cooperation Act of 1985 (Public
    Law 99-83; 99 Stat 197).
    ---------------------------------------------------------------------------
              (A) the gross cost incurred by the United States
            Government in repairing, rehabilitating, or modifying
            such article, plus the scrap value; or
              (B) the market value, if ascertainable;
        (3) \264\ ``defense article'', except as provided in
    paragraph (7) of this section, includes--
    ---------------------------------------------------------------------------
        \264\ Sec. 215 of the International Security Assistance and Arms
    Export Control Act of 1976 (Public Law 94-329; 90 Stat. 746) added
    pars. (3), (4), (5), (6), and (7).
    ---------------------------------------------------------------------------
              (A) any weapon, weapons system, munition, aircraft,
            vessel, boat, or other implement of war,
              (B) any property, installation, commodity, material,
            equipment, supply, or goods used for the purposes of
            making military sales,
              (C) any machinery, facility, tool, material, supply,
            or other item necessary for the manufacture,
            production, processing, repair, servicing, storage,
            construction, transportation, operation, or use of any
            article listed in this paragraph, and
              (D) any component or part of any article listed in
            this paragraph,
    but does not include merchant vessels or (as defined by the
    Atomic Energy Act of 1954) source material (except uranium
    depleted in the isotope 235 which is incorporated in defense
    articles solely to take advantage of high density or pyrophoric
    characteristics unrelated to radioactivity),\265\ byproduct
    material, special nuclear material, production facilities,
    utilization facilities, or atomic weapons or articles involving
    Restricted Data;
    ---------------------------------------------------------------------------
        \265\ The parenthetical phrase was added by sec. 22 of the
    International Security Assistance Act of 1979 (Public Law 96-92; 93
    Stat. 710). See also sec. 110 of the International Security and
    Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3138).
    ---------------------------------------------------------------------------
        (4) \264\ ``defense service'', except as provided in
    paragraph (7) of this section, includes any service, test,
    inspection, repair, training, publication, technical or other
    assistance, or defense information (as defined in section
    644(e) of the Foreign Assistance Act of 1961) used for the
    purposes of making military sales, but does not include design
    and construction services under section 29 of this Act; \266\
    ---------------------------------------------------------------------------
        \266\ The words, ``but does not include design and construction
    services under section 29 of this Act'' were added by sec. 105(f) of
    the International Security and Development Cooperation Act of 1980
    (Public Law 96-533; 94 Stat. 3135).
    ---------------------------------------------------------------------------
        (5) \264\ ``training'' includes formal or informal
    instruction of foreign students in the United States or
    overseas by officers or employees of the United States,
    contract technicians, or contractors (including instruction at
    civilian institutions), or by correspondence courses,
    technical, educational, or information publications and media
    of all kinds, training aid, orientation, training exercise, and
    military advice to foreign military units and forces;
        (6) \264\ ``major defense equipment'' means any item of
    significant military \267\ equipment on the United States
    Munitions List having a nonrecurring research and development
    cost of more than $50,000,000 or a total production cost of
    more than $200,000,000;
    ---------------------------------------------------------------------------
        \267\ Sec. 1211 of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279) inserted
    ``military'' in lieu of ``combat''.
    ---------------------------------------------------------------------------
        (7) \264\ ``defense articles and defense services'' means,
    with respect to commercial exports subject to the provisions of
    section 38 of this Act, those items designated by the President
    pursuant to subsection (a)(1) of such section; \268\
    ---------------------------------------------------------------------------
        \268\ Sec. 144 of Public Law 104-164 (110 Stat. 1434) struck out
    ``and'' at the end of para. (7); struck out the period at the end of
    para. (8) and inserted in lieu thereof ``; and''; and added a new para.
    (9).
    ---------------------------------------------------------------------------
        (8) \269\ ``design and construction services'' means, with
    respect to sales under section 29 of this Act, the design and
    construction of real property facilities, including necessary
    construction equipment and materials, engineering services,
    construction contract management services relating thereto, and
    technical advisory assistance in the operation and maintenance
    of real property facilities provided or performed by any
    department or agency of the Department of Defense or by a
    contractor pursuant to a contract with such department or
    agency; and \268\
    ---------------------------------------------------------------------------
        \269\ Par. (8) was added by sec. 105(f) of the International
    Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
    Stat. 3135).
    ---------------------------------------------------------------------------
        (9) \268\ ``significant military equipment'' means
    articles--
              (A) for which special export controls are warranted
            because of the capacity of such articles for
            substantial military utility or capability; and
              (B) identified on the United States Munitions List.

               Chapter 5--SPECIAL DEFENSE ACQUISITION FUND \270\

        Sec. 51.\271\ Special Defense Acquisition Fund.--(a)(1)
    Under the direction of the President and in consultation with
    the Secretary of State, the Secretary of Defense shall
    establish a Special Defense Acquisition Fund (hereafter in this
    chapter referred to as the ``Fund''), to be used as a revolving
    fund separate from other accounts, under the control of the
    Department of Defense, to finance the acquisition of defense
    articles and defense service in anticipation of their transfer
    pursuant to this Act, the Foreign Assistance Act of 1961, or as
    otherwise authorized by law, to eligible foreign countries and
    international organizations, and may acquire such articles and
    services with the funds in the Fund as he may determine.
    Acquisition under this chapter of items for which the initial
    issue quantity requirements for United States Armed Forces have
    not been fulfilled and are not under current procurement
    contract shall be emphasized when compatible with security
    assistance requirements for the transfer of such items.
    ---------------------------------------------------------------------------
        \270\ Chapter 5 was added by sec. 108(a) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1522).
        \271\ 22 U.S.C. 2795.
    ---------------------------------------------------------------------------
        (2) Nothing in this chapter may be construed to limit or
    impair any responsibilities conferred upon the Secretary of
    State or the Secretary of Defense under this Act or the Foreign
    Assistance Act of 1961.
        (3) \272\ The Fund may be used to keep on continuous order
    such defense articles and defense services as are assigned by
    the Department of Defense for integrated management by a single
    agency thereof for the common use of all military departments
    in anticipation of the transfer of similar defense articles and
    defense services to foreign countries and international
    organizations pursuant to this Act, the Foreign Assistance Act
    of 1986, or other law.
    ---------------------------------------------------------------------------
        \272\ Sec. 121 (a) and (b) of the International Security and
    Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 204),
    added 51(a)(3) and amended sec. 51(b).
        Sec. 114(c) of title 10 U.S.C., limited the size of the Special
    Defense Acquisition Fund to $1,070,000,000.
    ---------------------------------------------------------------------------
        (4) \273\ The Fund shall also be used to acquire defense
    articles that are particularly suited for use for narcotics
    control purposes and are appropriate to the needs of recipient
    countries, such as small boats, planes (including helicopters),
    and communications equipment.
    ---------------------------------------------------------------------------
        \273\ Sec. 4 of the International Narcotics Control Act of 1989
    (Public Law 101-231; 103 Stat. 1957) added par. (4). Sec. 145(b) of
    Public Law 104-164 (110 Stat. 1434) struck out designation for subpara.
    (A), and struck out subpara. (B), which had required that information
    relating to acquisitions under this section be included in an annual
    report to Congress.
    ---------------------------------------------------------------------------
        (b) \272\ The Fund shall consist of--
              (1) collections from sales made under letters of
            offer issued pursuant to section 21(a)(1)(A) of this
            Act representing the actual value of defense articles
            not intended to be replaced in stock,
              (2) collections from sales representing the value of
            asset use charges (including contractor rental payments
            for United States Government-owned plant and production
            equipment) and charges for the proportionate recoupment
            of nonrecurring research, development, and production
            costs, and
              (3) collections from sales made under letters of
            offer (or transfers made under the Foreign Assistance
            Act of 1961) of defense articles and defense services
            acquired under this chapter, representing the value of
            such items calculated in accordance with subparagraph
            (B) or (C) of section 21(a)(1) or section 22 of this
            Act or section 644(m) of the Foreign Assistance Act of
            1961, as appropriate,
    together with such funds as may be authorized and appropriated
    or otherwise made available for the purposes of the Fund.
        (c)(1) The size of the Fund may not exceed such dollar
    amount as is prescribed in section 114(c) of title 10, United
    States Code.\274\ For purposes of this limitation, the size of
    the Fund is the amounts in the Fund plus the value (in terms of
    acquisition cost) of the defense articles acquired under this
    chapter which have not been transferred from the Fund in
    accordance with this chapter.
    ---------------------------------------------------------------------------
        \274\ Sec. 114(c) of title 10, U.S.C., was originally codified at
    sec. 138(g) of title 10, U.S.C.. Sec. 138(g) of title 10, U.S.C., as
    added by sec. 109(b) of Public Law 97-113 (95 Stat. 1524) and amended
    by sec. 1103 of the DOD Authorization Act, 1983, (Public Law 97-252; 96
    Stat. 738), provided that the Special Defense Acquisition Fund ``may
    not exceed $300,000,000 in fiscal year 1982, may not exceed
    $600,000,000 in fiscal year 1983, and may not exceed $900,000,000 in
    fiscal year 1984 or any fiscal year thereafter.'' The DOD Authorization
    Act, 1986, sec. 1403, (Public Law 99-145; 99 Stat. 743) changed the
    amount of the program ceiling to $1,000,000,000. Sec. 1304(a) of the
    DOD Authorization Act, 1987, (Public Law 99-661; 100 Stat. 3816)
    increased the ceiling to $1,070,000,000. Public Law 99-433, the DOD
    Reorganization Act of 1986, redesignated sec. 138(g) of title 10 as
    sec. 114(c).
    ---------------------------------------------------------------------------
        (2) Amounts in the Fund shall be available for obligation
    in any fiscal year only to such extent or in such amounts as
    are provided in advance in appropriation Acts.\275\
    ---------------------------------------------------------------------------
        \275\ Title III of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1995 (Public Law 103-306; 108
    Stat. 1622), as amended by sec. 536 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1998 (Public Law
    105-118; 111 Stat. 2416), provided the following:
    ---------------------------------------------------------------------------

                       ``SPECIAL DEFENSE ACQUISITION FUND
    ---------------------------------------------------------------------------
        ``Notwithstanding any provision of Public Law 102-391 as amended by
    Public Law 103-87, not to exceed $140,000,000 of the obligational
    authority provided in that Act under the heading `Special Defense
    Acquisition Fund' may be obligated pursuant to section 51(c)(2) of the
    Arms Export Control Act.
        ``Not to exceed $20,000,000 may be obligated pursuant to section
    51(c)(2) of the Arms Export Control Act for the purposes of closing the
    Special Defense Acquisition Fund, to remain available for obligation
    until September 30, 2000: Provided, That the authority provided in this
    Act is not used to initiate new procurements.''.
        Amounts provided for the Fund in recent years are as follows:
    fiscal year 1982--$125,000,000; fiscal year 1983--$125,000,000; fiscal
    year 1984--$225,000,000; fiscal year 1985--$325,000,000; fiscal year
    1986--$325,000,000; fiscal year 1988--$236,835,000; fiscal year 1989--
    $236,865,000 (available for obligation until September 30, 1991);
    fiscal year 1990--$280,000,000 (available for obligation until
    September 30, 1992--subject to conditions in Public Law 102-298);
    fiscal year 1991--$350,000,000 (available for obligation until
    September 30, 1993--subject to conditions in Public Law 102-298);
    fiscal year 1992--$275,000,000 (available for obligation until
    September 30, 1994--subject to 1% reduction pursuant to sec. 591 of
    H.R. 2621 as passed by the House on June 19, 1991, and subject to
    1.4781% reduction pursuant to sec. 126 of Public Law 102-145, as
    amended); fiscal year 1993--$225,000,000 (available for obligation
    until September 30, 1995); fiscal year 1994--$160,000,000.
    ---------------------------------------------------------------------------
        Sec. 52.\276\ Use and Transfer of Items Procured by the
    Fund.--(a) No defense article or defense service acquired by
    the Secretary of Defense under this chapter may be transferred
    to any foreign country or international organization unless
    such transfer is authorized by this Act, the Foreign Assistance
    Act of 1961, or other law.
    ---------------------------------------------------------------------------
        \276\ 22 U.S.C. 2795a.
    ---------------------------------------------------------------------------
        (b) The President may authorize the temporary use by the
    United States Armed Forces of defense articles and defense
    services acquired under this chapter prior to their transfer to
    a foreign country or international organization, if such is
    necessary to meet national defense requirements and the United
    States Armed Forces bear the costs of operation and maintenance
    of such articles or services while in their use and the costs
    of restoration or replacement upon the termination of such use.
        (c) Except as provided in subsection (b) of this section,
    the Fund may be used to pay for storage, maintenance, and other
    costs related to the preservation and preparation for transfer
    of defense articles and defense services acquired under this
    chapter prior to their transfer, as well as the administrative
    costs of the Department of Defense incurred in the acquisition
    of such items to the extent not reimbursed pursuant to section
    43(b) of this Act.
        Sec. 53.\277\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \277\ Formerly at 22 U.S.C. 2795b. Sec. 145(a) of Public Law 104-
    164 (110 Stat. 1434) repealed sec. 53, which had required the President
    to file an annual comprehensive report on acquisitions of defense
    articles and defense services under this chapter.
    ---------------------------------------------------------------------------

         Chapter 6--LEASES OF DEFENSE ARTICLES AND LOAN AUTHORITY FOR
              COOPERATIVE RESEARCH AND DEVELOPMENT PURPOSES \278\

        Sec. 61.\279\ Leasing Authority.--(a) The President may
    lease defense articles in the stocks of the Department of
    Defense to an eligible foreign country or international
    organization if--
    ---------------------------------------------------------------------------
        \278\ Chapter 6 was added by sec. 109(a) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1524). Sec. 1003(b) of Public Law 100-456 revised the title of
    chapter 6. It formerly read ``Leases of Defense Articles''.
        \279\ 22 U.S.C. 2796.
    ---------------------------------------------------------------------------
              (1) he determines that there are compelling foreign
            policy and national security reasons for providing such
            articles on a lease basis rather than on a sales basis
            under this Act;
              (2) he determines that the articles are not for the
            time needed for public use; \280\
    ---------------------------------------------------------------------------
        \280\ Sec. 731(e) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503), struck
    out ``and'' at the end of para. (2); redesignated para. (3) as para.
    (4); added a new para (3); and struck out ``paragraph (3)'' in lieu of
    ``paragraph (4)'' in the last two sentences of subsec. (a).
    ---------------------------------------------------------------------------
              (3) \280\ the President first considers the effects
            of the lease of the articles on the national technology
            and industrial base, particularly the extent, if any,
            to which the lease reduces the opportunities of
            entities in the national technology and industrial base
            to sell new equipment to the country or countries to
            which the articles are leased; and
              (4) \280\ the country or international organization
            has agreed to pay in United States dollars all costs
            incurred by the United States Government in leasing
            such articles, including reimbursement for depreciation
            of such articles while leased, the costs of restoration
            or replacement if the articles are damaged while
            leased, and, if the articles are lost or destroyed
            while leased--\281\
    ---------------------------------------------------------------------------
        \281\ Sec. 146 of Public Law 104-164 (110 Stat. 1434) struck out
    ``and the replacement cost (less any depreciation in the value) of the
    articles if the articles are lost or destroyed while leased.'' and
    inserted in lieu thereof ``and, if the articles are lost or destroyed
    while leased--'' and subparas. (A) and (B).
    ---------------------------------------------------------------------------
                      (A) in the event the United States intends to
                    replace the articles lost or destroyed, the
                    replacement cost (less any depreciation in the
                    value) of the articles; or
                      (B) in the event the United States does not
                    intend to replace the articles lost or
                    destroyed, an amount not less than the actual
                    value (less any depreciation in the value)
                    specified in the lease agreement.
    The requirement of paragraph (4) \280\ shall not apply to
    leases entered into for purposes of cooperative research or
    development, military exercises, or communications or
    electronics interface projects.\282\ The President may waive
    the requirement of paragraph (4) for reimbursement of
    depreciation for any defense article which has passed three-
    quarters of its normal service life if the President determines
    that to do so is important to the national security interest of
    the United States.\283\
    ---------------------------------------------------------------------------
        \282\ Sec. 153(a)(1) of Public Law 104-164 (110 Stat. 1440) struck
    out ``, or to any defense article which has passed three-quarters of
    its normal service life'' at the end of the second sentence of sec.
    61(a).
        \283\ Sec. 153(a)(2) of Public Law 104-164 (110 Stat. 1440) added
    this sentence. Sec. 153(b) of that Act (22 U.S.C. 2796 note) further
    provided: ``The third sentence of section 61(a) of the Arms Export
    Control Act, as added by subsection (a)(2), shall apply only with
    respect to a defense article leased on or after the date of the
    enactment of this Act.''.
    ---------------------------------------------------------------------------
         \284\ The President may waive the requirement of paragraph
    (4) \280\ with respect to a lease which is made in exchange
    with the lessee for a lease on substantially reciprocal terms
    of defense articles for the Department of Defense, except that
    this waiver authority--
    ---------------------------------------------------------------------------
        \284\ The words from this point to the end of subsec. (a) were
    added by sec. 147 of the Continuing Appropriations Act for Fiscal Year
    1987 (Public Law 99-591; 100 Stat. 3341-354).
    ---------------------------------------------------------------------------
              (A) may be exercised only if the President submits to
            the Committee on Foreign Affairs \285\ and the
            Committee on Appropriations of the House of
            Representatives and the Committee on Foreign Relations
            and the Committee on Appropriations of the Senate, in
            accordance with the regular notification procedures of
            those Committees, a detailed notification for each
            lease with respect to which the authority is exercised;
            and
    ---------------------------------------------------------------------------
        \285\ 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) may be exercised only during the current fiscal
            year \286\ and only with respect to one country, unless
            the Congress hereafter provides otherwise.
    ---------------------------------------------------------------------------
        \286\ Sec. 524 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1999 (division A, sec. 101(d) of
    Public Law 105-277; 112 Stat. 2681), struck out ``1998'' and inserted
    in lieu thereof ``the current fiscal year''. If executed literally, the
    amended text would read ``during the fiscal year the current fiscal
    year''. It is interpreted to intend to read ``the current fiscal
    year''.
        Previously, sec. 524 of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
    Stat. 2412), struck out ``1997'' and inserted in lieu thereof ``1998''.
    Previously, sec. 524 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1997 (sec. 101(c) of title I of
    the Omnibus Consolidated Appropriations Act, 1997; Public Law 104-208;
    110 Stat. 3009) struck out ``1996'' and inserted in lieu thereof
    ``1997''; sec. 524 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
    Stat. 729), struck out ``1995'' and ``inserted in lieu thereof
    ``1996''; and sec. 524 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1995 (Public Law 103-306; 108
    Stat. 1633), struck out ``1994'' and ``inserted in lieu thereof
    ``1995''.
    ---------------------------------------------------------------------------
    The preceding sentence does not constitute authorization of
    appropriations for payments by the United States for leased
    articles.
        (b) Each lease agreement under this section shall be for a
    fixed duration of not to exceed five years and shall provide
    that, at any time during the duration of the lease, the
    President may terminate the lease and require the immediate
    return of the leased articles.
        (c) Defense articles in the stocks of the Department of
    Defense may be leased or loaned to a foreign country or
    international organization only under the authority of this
    chapter or chapter 2 of part II of the Foreign Assistance Act
    of 1961, and may not be leased to a foreign country or
    international organization under the authority of section 2667
    of title 10, United States Code.
        Sec. 62.\287\ Reports to the Congress.--(a) Before \288\
    entering into or renewing any agreement with a foreign country
    or international organization to lease any defense article
    under this chapter, or to loan any defense article under
    chapter 2 of part II of the Foreign Assistance Act of 1961, for
    a period of one year or longer, the President shall transmit to
    the Speaker of the House of Representatives, and to the
    chairman of the Committee on Foreign Relations of the Senate
    and the chairman of the Committee on Armed Services of the
    Senate, a written certification which specifies--
    ---------------------------------------------------------------------------
        \287\ 22 U.S.C. 2796a.
        \288\ Sec. 141(e)(1)(A) of Public Law 104-164 (110 Stat. 1432)
    struck out ``Not less than 30 days before'' and inserted in lieu
    thereof ``Before''.
    ---------------------------------------------------------------------------
              (1) the country or international organization to
            which the defense article is to be leased or loaned;
              (2) the type, quantity, and value (in terms of
            replacement cost) of the defense article to be leased
            or loaned;
              (3) the terms and duration of the lease or loan; and
              (4) a justification for the lease or loan, including
            an explanation of why the defense article is being
            leased or loaned rather than sold under this Act.
        (b) The President may waive the requirements of this
    section (and in the case of an agreement described in section
    63, may waive the provisions of that section) if he states in
    his certification,\289\ that an emergency exists which requires
    that the lease or loan be entered into immediately in the
    national security interests of the United States. If the
    President states in his certification that such an emergency
    exists, he shall set forth in the certification a detailed
    justification for his determination, including a description of
    the emergency circumstances which necessitate that the lease be
    entered into immediately and a discussion of the national
    security interests involved.\290\
    ---------------------------------------------------------------------------
        \289\ Sec. 141(e)(1)(B)(i) of Public Law 104-164 (110 Stat. 1432)
    struck out ``determines, and immediately reports to the Congress'', and
    inserted in lieu thereof ``states in his certification''.
        \290\ Sec. 141(e)(1)(B)(ii) of Public Law 104-164 (110 Stat. 1432)
    added the sentence that begins ``If the President states''.
        Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that
    ``amendments made by this section [sec. 141] apply with respect to
    certifications required to be submitted on or after the date of the
    enactment of this Act [July 21, 1996].''.
    ---------------------------------------------------------------------------
        (c) \291\ The certification required by subsection (a)
    shall be transmitted)--
    ---------------------------------------------------------------------------
        \291\ Sec. 141(e)(1)(C) of Public Law 104-164 (110 Stat. 1433)
    added subsec. (c).
        Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that
    ``amendments made by this section [sec. 141] apply with respect to
    certifications required to be submitted on or after the date of the
    enactment of this Act [July 21, 1996].''.
    ---------------------------------------------------------------------------
              (1) not less than 15 calendar days before the
            agreement is entered into or renewed in the case of an
            agreement with the North Atlantic Treaty Organization,
            any member country of that Organization or Australia,
            Japan, or New Zealand; and
              (2) not less than 30 calendar days before the
            agreement is entered into or renewed in the case of an
            agreement with any other organization or country.
        Sec. 63.\292\ Legislative Review.--(a) \293\ In the case of
    any agreement involving the lease under this chapter, or the
    loan under chapter 2 of part II of the Foreign Assistance Act
    of 1961, to any foreign country or international organization
    for a period of one year or longer of any defense articles
    which are either (i) major defense equipment valued (in terms
    of its replacement cost less any depreciation in its value) at
    $14,000,000 or more, or (ii) defense articles valued (in terms
    of their replacement cost less any depreciation in their value)
    at $50,000,000 or more, the agreement may not be entered into
    or renewed if the Congress, within the 15-day or 30-day period
    specified in section 62(c) (1) or (2), as the case may be,\294\
    enacts a joint \295\ resolution prohibiting the proposed lease
    or loan.
    ---------------------------------------------------------------------------
        \292\ 22 U.S.C. 2796b.
        \293\ Sec. 141(e)(2) of Public Law 104-164 (110 Stat. 1433) struck
    out designation for para. (1), and struck out para. (2), which had
    provided as follows:
        ``(2) This section shall not apply with respect to a loan or lease
    to the North Atlantic Treaty Organization, any member country of that
    Organization, Japan, Australia, or New Zealand.''.
        \294\ Sec. 141(e)(2) of Public Law 104-164 (110 Stat. 1433) struck
    out ``30 calendar days after receiving the certification with respect
    to that proposed agreement pursuant to section 62(a),'' and inserted in
    lieu thereof ``the 15-day or 30-day period specified in section 62(c)
    (1) or (2), as the case may be,''.
        Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that
    ``amendments made by this section [sec. 141] apply with respect to
    certifications required to be submitted on or after the date of the
    enactment of this Act [July 21, 1996].''.
        \295\ Sec. (d) of Public Law 99-247 (100 Stat. 9) struck out
    ``concurrent'' and inserted ``joint''.
    ---------------------------------------------------------------------------
        (b) Any joint \295\ resolution under subsection (a) shall
    be considered in the Senate in accordance with the provisions
    of section 601(b) of the International Security Assistance and
    Arms Export Control Act of 1976.
        (c) For the purpose of expediting the consideration and
    enactment of joint \295\ resolutions under subsection (a), a
    motion to proceed to the consideration of any such resolution
    after it has been reported by the appropriate committee shall
    be treated as highly privileged in the House of
    Representatives.
        Sec. 64.\296\ Application of Other Provisions of Law.--Any
    reference to sales of defense articles under this Act in any
    provision of law restricting the countries or organizations to
    which such sales may be made shall be deemed to include a
    reference to leases of defense articles under this chapter.
    ---------------------------------------------------------------------------
        \296\ 22 U.S.C. 2796c.
    ---------------------------------------------------------------------------
        Sec. 65.\297\ Loan of Materials, Supplies, and Equipment
    for Research and Development Purposes.--(a)(1) Except as
    provided in subsection (c), the Secretary of Defense may loan
    to a country that is a NATO or major non-NATO ally materials,
    supplies, or equipment for the purpose of carrying out a
    program of cooperative research, development, testing, or
    evaluation. The Secretary may accept as a loan or a gift from a
    country that is a NATO or major non-NATO ally materials,
    supplies, or equipment for such purpose.
    ---------------------------------------------------------------------------
        \297\ 22 U.S.C. 2796d. Sec. 1003(a) of the National Defense
    Authorization Act for Fiscal Year 1989 (Public Law 100-456; 102 Stat.
    2038) added sec. 65.
    ---------------------------------------------------------------------------
        (2) Each loan or gift transaction entered into by the
    Secretary under this section shall be provided for under the
    terms of a written agreement between the Secretary and the
    country concerned.
        (3) A program of testing or evaluation for which the
    Secretary may loan materials, supplies, or equipment under this
    section includes a program of testing or evaluation conducted
    solely for the purpose of standardization, interchangeability,
    or technical evaluation if the country to which the materials,
    supplies, or equipment are loaned agrees to provide the results
    of the testing or evaluation to the United States without
    charge.
        (b) The materials, supplies, or equipment loaned to a
    country under this section may be expended or otherwise
    consumed in connection with any testing or evaluation program
    without a requirement for reimbursement of the United States if
    the Secretary--
              (1) determines that the success of the research,
            development, test, or evaluation depends upon expending
            or otherwise consuming the materials, supplies, or
            equipment loaned to the country; and
              (2) approves of the expenditure or consumption of
            such materials, supplies, or equipment.
        (c) The Secretary of Defense may not loan to a country
    under this section any material if the material is a strategic
    and critical material and if, at the time the loan is to be
    made, the quantity of the material in the National Defense
    Stockpile (provided for under section 3 of the Strategic and
    Critical Materials Stock Piling Act (50 U.S.C. 98b)) is less
    than the quantity of such material to be stockpiled, as
    determined by the President under section 3(a) of such Act.
        (d) For purposes of this section, the term ``NATO \298\
    ally'' means a member country of the North Atlantic Treaty
    Organization (other than the United States).\299\
    ---------------------------------------------------------------------------
        \298\ Sec. 147(a)(3)(B)(i) of Public Law 104-164 (110 Stat. 1435)
    struck out ``or major non-NATO'' after ``NATO''.
        \299\ Sec. 147(a)(3)(B)(ii) of Public Law 104-164 (110 Stat. 1435)
    struck out ``or a foreign country other than a member nation of NATO
    designated as a major non-NATO ally under section 2350a(i)(3) of title
    10, United States Code'' after the parentheses. Previously, sec.
    705(d)(2) of Public Law 102-25 (105 Stat. 120) struck out ``section
    1105 of the National Defense Authorization Act for Fiscal Year 1987 (22
    U.S.C. 2767a)'' and inserted in lieu thereof ``section 2350a(i)(3) of
    title 10, United States Code''. Sec. 1105 of the National Defense
    Authorization Act for Fiscal Year 1987 was repealed in 1989.
    ---------------------------------------------------------------------------

      CHAPTER 7--CONTROL OF MISSILES AND MISSILE EQUIPMENT OR TECHNOLOGY
                                     \300\

        Sec. 71.\301\ Licensing.--
    ---------------------------------------------------------------------------
        \300\ Sec. 1703 of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1745) added chapter 7,
    secs. 71-74.
        \301\ 22 U.S.C. 2797.
    ---------------------------------------------------------------------------
        (a) Establishment of List of Controlled Items.--The
    Secretary of State, in consultation with the Secretary of
    Defense \302\ and the heads of other appropriate departments
    and agencies, shall establish and maintain, as part of the
    United States Munitions List, a list of all items on the MTCR
    Annex the export of which is not controlled under section 6(l)
    of the Export Administration Act of 1979.
    ---------------------------------------------------------------------------
        \302\ Sec. 1225(a)(4) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (division G, subdivision A of Public Law 105-277; 112 Stat.
    2681) struck out ``, the Director of the Arms Control and Disarmament
    Agency,'' after ``Secretary of Defense''. The text had originally been
    added by sec. 714(a)(3) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 497).
    ---------------------------------------------------------------------------
      (b) Referral of License Applications.--(1) A determination of
    the Secretary of State to approve a license for the export of
    an item on the list established under subsection (a) may be
    made only after the license application is referred to the
    Secretary of Defense.\303\
    ---------------------------------------------------------------------------
        \303\ Sec. 1225(a)(5) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (division G, subdivision A of Public Law 105-277; 112 Stat.
    2681) struck out ``and the Director of the United States Arms Control
    and Disarmament Agency'' after ``Secretary of Defense''. The text had
    originally been added by sec. 714(a)(4) of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108
    Stat. 497).
    ---------------------------------------------------------------------------
      (2) Within 10 days after a license is issued for the export
    of an item on the list established under subsection (a), the
    Secretary of State shall provide to the Secretary of Defense
    and the Secretary of Commerce \304\ the license application and
    accompanying documents issued to the applicant, to the extent
    that the relevant Secretary \305\ indicates the need to receive
    such application and documents.
    ---------------------------------------------------------------------------
        \304\ Sec. 1225(a)(6)(A) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (division G, subdivision A of Public Law 105-
    277; 112 Stat. 2681) struck out ``, the Secretary of Commerce, and the
    Director of the United States Arms Control and Disarmament Agency'' and
    inserted in lieu thereof ``and the Secretary of Commerce''. Previously,
    sec. 714(a)(5)(A) of the Foreign Relations Authorization Act, Fiscal
    Years 1994 and 1995 (Public Law 103-236; 108 Stat. 497), made such an
    amendment in the reverse.
        \305\ Sec. 1225(a)(6)(B) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (division G, subdivision A of Public Law 105-
    277; 112 Stat. 2681) struck out ``or the Director'' after ``relevant
    Secretary''. Previously, sec. 714(a)(5)(B) of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108
    Stat. 497), made such an amendment in the reverse.
    ---------------------------------------------------------------------------
      (c) Information Sharing.--The Secretary of State shall
    establish a procedure for sharing information with appropriate
    officials of the intelligence community, as determined by the
    Director of Central Intelligence,\306\ and with other
    appropriate Government agencies, that will ensure effective
    monitoring of transfers of MTCR equipment or technology and
    other missile technology.
    ---------------------------------------------------------------------------
        \306\ Sec. 1225(a)(7) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (division G, subdivision A of Public Law 105-277; 112 Stat.
    2681) struck out with the Director of the United States Arms Control
    and Disarmament Agency,'' after ``Director of Central Intelligence,''.
    Previously, sec. 714(a)(6) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 497), made
    such an amendment in the reverse.
    ---------------------------------------------------------------------------
        (d) \307\ Exports to Space Launch Vehicle Programs.--Within
    15 days \308\ after the issuance of a license (including any
    brokering license) for the export of items valued at less than
    $50,000,000 that are controlled under this Act pursuant to
    United States obligations under the Missile Technology Control
    Regime and are goods or services that are intended to support
    the design, utilization, development, or production of a space
    launch vehicle system listed in Category I of the MTCR Annex,
    the Secretary shall transmit to the Congress \309\ a report
    describing the licensed export and rationale for approving such
    export, including the consistency of such export with United
    States missile nonproliferation policy. The requirement
    contained in the preceding sentence shall not apply to licenses
    for exports to countries that were members of the MTCR as of
    April 17, 1987.
    ---------------------------------------------------------------------------
        \307\ Sec. 735(c) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 506), added
    subsec. (d).
        \308\ Sec. 708(c) of the Security Assistance Act of 2000 (Public
    Law 106-280; 114 Stat. 863) struck out ``Within 15 days after the
    issuance of a license for the export of items valued at less than
    $14,000,000 that are controlled under this Act pursuant to United
    States obligations under the Missile Technology Control Regime and
    intended to support the design, development, or production of a space
    launch vehicle system listed in Category I of the MTCR Annex,'' and
    inserted in lieu thereof ``Within 15 days after the issuance of a
    license (including any brokering license) for the export of items
    valued at less than $50,000,000 that are controlled under this Act
    pursuant to United States obligations under the Missile Technology
    Control Regime and are goods or services that are intended to support
    the design, utilization, development, or production of a space launch
    vehicle system listed in Category I of the MTCR Annex,''.
        \309\ Sec. 704 of the Security Assistance Act of 2000 (Public Law
    106-280; 114 Stat. 861) provided the following:
        ``Sec. 704. mtcr report transmittals.
        ``For purposes of section 71(d) of the Arms Export Control Act (22
    U.S.C. 2797(d)), the requirement that reports under that section shall
    be transmitted to the Congress shall be considered to be a requirement
    that such reports shall be transmitted to the Committee on
    International Relations of the House of Representatives and the
    Committee on Foreign Relations and the Committee on Banking, Housing
    and Urban Affairs of the Senate.''.
    ---------------------------------------------------------------------------
        Sec. 72.\310\, \311\ Denial of the Transfer of
    Missile Equipment or Technology by United States Persons.
    ---------------------------------------------------------------------------
        \310\ 22 U.S.C. 2797a.
        \311\ Executive Order 12851 of June 11, 1993 (58 F.R. 33181),
    provided for the administration of proliferation sanctions, Middle East
    Arms Control, and related congressional reporting requirements,
    including the following:
        ``Sec. 2. Missile Proliferation Sanctions. (a) Arms Export Control
    Act. The authority and duties vested in me by section 72-73 of the AECA
    (22 U.S.C. 2797a-2797b) are delegated to the Secretary of State, except
    that:
    ---------------------------------------------------------------------------

              ``(1) The authority and duties vested in me by section
            72(a)(1) to make determinations with respect to violations by
            United States persons of the EAA are delegated to the Secretary
            of Commerce.
              ``(2) The authority and duties vested in me to deny certain
            United States Government contracts as provided in sections
            73(a)(2)(A)(i) and 73(a)(2)(B)(i), pursuant to a determination
            made by the Secretary of State under section 73(a)(1), as well
            as the authority and duties vested in me to make the findings
            provided in sections 72(c), 73(f), and 73(g)(1), are delegated
            to the Secretary of Defense. The Secretary of State shall
            issue, transmit to the Congress, and notify the Secretary of
            the Treasury of, as appropriate, any waivers based upon
            findings made pursuant to sections 72(c) and 73(f).
              ``(3) The authority and duties vested in me to prohibit
            certain imports as provided in section 73(a)(2)(C), pursuant to
            a determination made by the Secretary of State under that
            section, and the obligation to implement the exceptions
            provided in section 73(g), are delegated to the Secretary of
            the Treasury.''.
    ---------------------------------------------------------------------------
        This Executive order superceded a memorandum of the President of
    June 25, 1991, delegating authority regarding missile technology
    proliferation (56 F.R. 31041; July 8, 1991).
    ---------------------------------------------------------------------------
      (a) Sanctions.--(1) If the President determines that a United
    States person knowingly--
              (A) exports, transfers, or otherwise engages in the
            trade of any item on the MTCR Annex, in violation of
            the provisions of section 38 of this Act, section 5 or
            6 of the Export Administration Act of 1979 (50 U.S.C.
            App. 2404, 2405), or any regulations or orders issued
            under any such provisions,
              (B) conspires to or attempts to engage in such
            export, transfer, or trade, or
              (C) facilitates such export, transfer, or trade by
            any other person,
    then the President shall impose the applicable sanctions
    described in paragraph (2).
      (2) The sanctions which apply to a United States person under
    paragraph (1) are the following:
              (A) If the item on the MTCR Annex involved in the
            export, transfer, or trade is missile equipment or
            technology within category II of the MTCR Annex, then
            the President shall deny to such United States person
            for a period of 2 years--
                      (i) United States Government contracts
                    relating to missile equipment or technology;
                    and
                      (ii) licenses for the transfer of missile
                    equipment or technology controlled under this
                    Act.
              (B) If the item on the MTCR Annex involved in the
            export, transfer, or trade is missile equipment or
            technology within category I of the MTCR, then the
            President shall deny to such United States person for a
            period of not less than 2 years--
                      (i) all United States Government contracts,
                    and
                      (ii) all export licenses and agreements for
                    items on the United States Munitions List.
      (b) Discretionary Sanctions.--In the case of any
    determination made pursuant to subsection (a), the President
    may pursue any penalty provided in section 38(c) of this Act.
        (c) \312\ Presumption.--In determining whether to apply
    sanctions under subsection (a) to a United States person
    involved in the export, transfer, or trade of an item on the
    MTCR Annex, it should be a rebuttable presumption that such
    item is designed for use in a missile listed in the MTCR Annex
    if the President determines that the final destination of the
    item is a country the government of which the Secretary of
    State has determined, for purposes of 6(j)(1)(A) of the Export
    Administration Act of 1979, has repeatedly provided support for
    acts of international terrorism.
    ---------------------------------------------------------------------------
        \312\ Sec. 734(a) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 505),
    redesignated subsec. (c) as subsec. (d), and added a new subsec. (c).
    ---------------------------------------------------------------------------
      (d) \312\ Waiver.--The President may waive the imposition of
    sanctions under subsection (a) with respect to a product or
    service if the President certifies to the Congress that--
              (1) the product or service is essential to the
            national security of the United States; and
              (2) such person is a sole source supplier of the
            product or service, the product or service is not
            available from any alternative reliable supplier, and
            the need for the product or service cannot be met in a
            timely manner by improved manufacturing processes or
            technological developments.
        Sec. 73.\311\, \313\ Transfers of Missile
    Equipment or Technology by Foreign Persons.
    ---------------------------------------------------------------------------
        \313\ 22 U.S.C. 2797b.
    ---------------------------------------------------------------------------
      (a) Sanctions.--(1) \314\ Subject to subsections (c) through
    (g), if the President determines that a foreign person, after
    the date of the enactment of this chapter, knowingly--
    ---------------------------------------------------------------------------
        \314\ On April 7, 2000, the Assistant Secretary of State for
    Nonproliferation issued a determination pursuant to section 73, but
    concluded that publication of the determination would be harmful to the
    national security of the United States (Department of State Public
    Notice 3285; 65 F.R. 20239). Similar notices were issued on November
    21, 2000 (Department of State Public Notice 3481; 65 F.R. 71347), and
    December 4, 2000 (Department of State Public Notice 3512; 65 F.R.
    79441).
        On April 6, 2000 (65 F.R. 20239), the Assistant Secretary of State
    for Nonproliferation issued a determination pursuant to this para.,
    finding that entities in North Korea and Iran have engaged in missile
    technology proliferation activities that require the imposition of the
    sanctions pursuant to the Arms Export Control Act and the Export
    Administration Act of 1979. See Department of State Public Notice 3286.
    Similar notices were issued on November 21, 2000, pertaining to
    entities in Iran and Pakistan (Department of State Public Notice 3482;
    65 F.R. 71348), and November 17, 2000, pertaining to entities in Iran
    (Department of State Public Notice 3513; 65 F.R. 79441).
        On April 8, 1999 (64 F.R. 18957), the Assistant Secretary of State
    for Political-Military Affairs issued a determination pursuant to this
    para., finding that the following foreign persons, currently operating
    in the Middle East region, have engaged in missile technology
    proliferation activities that require the imposition of the sanctions
    described in Section 73(a)(2)(A) of the Arms Export Control Act (22
    U.S.C. 2797b(a)(2)(A)) and Section 11B(b)(1)(B)(i) of the Export
    Administration Act of 1979 (50 U.S.C. app. 2410b(b)(1)(B)(i)) on these
    entities, their subunits and successors, effective March 23, 1999:
    ---------------------------------------------------------------------------

              ``1. Arab British Dynamics (ABD);
              ``2. Helwan Machinery and Equipment Company; and
              ``3. Kader Factory for Developed Industries.''.
    ---------------------------------------------------------------------------
        On April 24, 1998 (63 F.R. 24585), the Acting Assistant Secretary
    of State for Political-Military Affairs issued a determination pursuant
    to this para., finding that the ``following foreign persons have
    engaged in missile technology proliferation activities that require the
    imposition of the sanctions described in Section 73(a)(2)(B) and (C) of
    the Arms Export Control Act (22 U.S.C. 2797b(a)(2)(B) and (C)) and
    Section 11B(b)(1)(B)(ii) of the Export Administration Act of 1979 (50
    U.S.C. app. 2410b(b)(1)(B)(ii) on these entities:
    ---------------------------------------------------------------------------

              ``1. Changgwang Sinyong Corporation (a.k.a. North Korea
            Mining Development Trading Corporation) (North Korea) and its
            sub-units, successors, and affiliated companies; and
              ``2. Khan Research Laboratories (Pakistan) and its sub-units
            and successors.''.
    ---------------------------------------------------------------------------
        For the President's Memorandum of June 25, 1991, delegating
    authority regarding missile technology proliferation, see 56 F.R.
    31041, July 8, 1991.
    ---------------------------------------------------------------------------
              (A) exports, transfers, or otherwise engages in the
            trade of any MTCR equipment or technology that
            contributes to the acquisition,\315\ design,
            development, or production of missiles in a country
            that is not an MTCR adherent and would be, if it were
            United States-origin equipment or technology, subject
            to the jurisdiction of the United States under this
            Act,
    ---------------------------------------------------------------------------
        \315\ Sec. 323(a) of the Foreign Relations Authorization Act,
    Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 711),
    inserted ``acquisition,''.
    ---------------------------------------------------------------------------
              (B) conspires to or attempts to engage in such
            export, transfer, or trade, or
              (C) facilitates such export, transfer, or trade by
            any other person,
    or if the President has made a determination with respect to a
    foreign person under section 11B(b)(1) of the Export
    Administration Act of 1979, then the President shall impose on
    that foreign person the applicable sanctions under paragraph
    (2).
      (2) The sanctions which apply to a foreign person under
    paragraph (1) are the following:
              (A) \314\ If the item involved in the export,
            transfer, or trade is within category II of the MTCR
            Annex, then the President shall deny, for a period of 2
            years--
                      (i) United States Government contracts
                    relating to missile equipment or technology;
                    and
                      (ii) licenses for the transfer to such
                    foreign person of missile equipment or
                    technology controlled under this Act.
              (B) If the item involved in the export, transfer, or
            trade is within category I of the MTCR Annex, then the
            President shall deny, for a period of not less than 2
            years--
                      (i) all United States Government contracts
                    with such foreign person; and
                      (ii) licenses for the transfer to such
                    foreign person of all items on the United
                    States Munitions List.
              (C) If, in addition to actions taken under
            subparagraphs (A) and (B), the President determines
            that the export, transfer, or trade has substantially
            contributed to the design, development,
            or production of missiles in a country that is not an
            MTCR adherent, then the President shall prohibit, for a
            period of not less than 2 years, the importation into
            the United States of products produced by that foreign
            person.
      (b) \316\ Inapplicability With Respect to MTCR Adherents.--
    ---------------------------------------------------------------------------
        \316\ Sec. 1136(b) of the Arms Control and Nonproliferation Act of
    1999 (title XI of the Admiral James W. Nance and Meg Donovan Foreign
    Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
    enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
    Stat. 1536)): (1) redesignated paras. (1) and (2) as subparas. (A) and
    (B), respectively; (2) struck out ``Subsection (a)'' and inserted in
    lieu thereof ``(1) In general.--Except as provided in paragraph (2),
    subsection (a)'' at the beginning of subsec. (b); and (3) added para.
    (2).
    ---------------------------------------------------------------------------
              (1) In General.--Except as provided in paragraph (2),
            subsection (a) does not apply with respect to--
                      (A) any export, transfer, or trading activity
                    that is authorized by the laws of an MTCR
                    adherent, if such authorization is not obtained
                    by misrepresentation or fraud; or
                      (B) any export, transfer, or trade of an item
                    to an end user in a country that is an MTCR
                    adherent.
              (2) \316\ Limitation.--Notwithstanding paragraph (1),
            subsection (a) shall apply to an entity subordinate to
            a government that engages in exports or transfers
            described in section 498A(b)(3)(A) of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2295a(b)(3)(A)).
      (c) Effect of Enforcement Actions by MTCR Adherents.--
    Sanctions set forth in subsection (a) may not be imposed under
    this section on a person with respect to acts described in such
    subsection or, if such sanctions are in effect against a person
    on account of such acts, such sanctions shall be terminated, if
    an MTCR adherent is taking judicial or other enforcement action
    against that person with respect to such acts, or that person
    has been found by the government of an MTCR adherent to be
    innocent of wrongdoing with respect to such acts, and if the
    President certifies to the Committee on Foreign Relations of
    the Senate and the Committee on International Relations of the
    House of Representatives that--
              (1) for any judicial or other enforcement action
            taken by the MTCR adherent, such action has--
                      (A) been comprehensive; and
                      (B) been performed to the satisfaction of the
                    United States; and
              (2) with respect to any finding of innocence of
            wrongdoing, the United States is satisfied with the
            basis for such finding.\317\
    ---------------------------------------------------------------------------
        \317\ Sec. 1136(c) of the Arms Control and Nonproliferation Act of
    1999 (title XI of the Admiral James W. Nance and Meg Donovan Foreign
    Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
    enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
    Stat. 1536)) added text beginning at ``and if the President
    certifies''.
    ---------------------------------------------------------------------------
      (d) Advisory Opinions.--The Secretary of State, in
    consultation with the Secretary of Defense and the Secretary of
    Commerce,\318\ may, upon the request of any person, issue an
    advisory opinion to that person as to whether a proposed
    activity by that person would subject that person to sanctions
    under this section. Any person who relies in good faith on such
    an advisory opinion which states that the proposed activity
    would not subject a person to such sanctions, and any person
    who thereafter engages in such activity, may not be made
    subject to such sanctions on account of such activity.
    ---------------------------------------------------------------------------
        \318\ Sec. 1225(a)(8) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (division G, subdivision A of Public Law 105-277; 112 Stat.
    2681) struck out ``, the Secretary of Commerce, and the Director of the
    United States Arms Control and Disarmament Agency'' and inserted in
    lieu thereof ``and the Secretary of Commerce''. Previously, sec.
    714(a)(7) of the Foreign Relations Authorization Act, Fiscal Years 1994
    and 1995 (Public Law 103-236; 108 Stat. 497), made such an amendment in
    the reverse.
    ---------------------------------------------------------------------------
      (e) Waiver and Report to Congress.--(1) In any case other
    than one in which an advisory opinion has been issued under
    subsection (d) stating that a proposed activity would not
    subject a person to sanctions under this section, the President
    may waive the application of subsection (a) to a foreign person
    if the President determines that such waiver is essential to
    the national security of the United States.
      (2) In the event that the President decides to apply the
    waiver described in paragraph (1), the President shall so
    notify the Committee on Armed Services and the Committee on
    Foreign Relations of the Senate and the Committee on National
    Security and the Committee on International Relations of the
    House of Representatives \319\ not less than 45 working days
    \319\ before issuing the waiver. Such notification shall
    include a report fully articulating the rationale and
    circumstances which led the President to apply the waiver.
    ---------------------------------------------------------------------------
        \319\ Sec. 1408(d) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 494) (1) struck out
    ``the Congress'' and inserted in lieu thereof ``the Committee on Armed
    Services and the Committee on Foreign Relations of the Senate and the
    Committee on National Security and the Committee on International
    Relations of the House of Representatives''; and (2) struck out ``20
    working days'' and inserted in lieu thereof ``45 working days''.
        The House Committee on National Security reverted back to its
    former name, Committee on Armed Services, in the 106th Congress. No
    legislation, however, was enacted to universally amend reference to
    that committee in Public Law. Sec. 1067 of the National Defense
    Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
    774) did make such a change in specific pieces of legislation and 10
    United States Code.
    ---------------------------------------------------------------------------
        (f) \320\ Presumption.--In determining whether to apply
    sanctions under subsection (a) to a foreign person involved in
    the export, transfer, or trade of an item on the MTCR Annex, it
    should be a rebuttable presumption that such item is designed
    for use in a missile listed in the MTCR Annex if the President
    determines that the final destination of the item is a country
    the government of which the Secretary of State has determined,
    for purposes of 6(j)(1)(A) of the Export Administration Act of
    1979, has repeatedly provided support for acts of international
    terrorism.
    ---------------------------------------------------------------------------
        \320\ Sec. 734(b) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 505),
    redesignated subsecs. (f) and (g) as subsecs. (g) and (h), and added a
    new subsec. (f).
    ---------------------------------------------------------------------------
      (g) \320\ Additional Waiver.--The President may waive the
    imposition of sanctions under paragraph (1) on a person with
    respect to a product or service if the President certifies to
    the Congress that--
              (1) the product or service is essential to the
            national security of the United States; and
              (2) such person is a sole source supplier of the
            product or service, the product or service is not
            available from any alternative reliable supplier, and
            the need for the product or service cannot be met in a
            timely manner by improved manufacturing processes or
            technological developments.
      (h) \320\ Exceptions.--The President shall not apply the
    sanction under this section prohibiting the importation of the
    products of a foreign person--
              (1) in the case of procurement of defense articles or
            defense services--
                      (A) under existing contracts or subcontracts,
                    including the exercise of options for
                    production quantities to satisfy requirements
                    essential to the national security of the
                    United States;
                      (B) if the President determines that the
                    person to which the sanctions would be applied
                    is a sole source supplier of the defense
                    articles and services, that the defense
                    articles or services are essential to the
                    national security of the United States, and
                    that alternative sources are not readily or
                    reasonably available; or
                      (C) if the President determines that such
                    articles or services are essential to the
                    national security of the United States under
                    defense coproduction agreements or NATO
                    Programs of Cooperation;
              (2) to products or services provided under contracts
            entered into before the date on which the President
            publishes his intention to impose the sanctions; or
              (3) to--
                      (A) spare parts,
                      (B) component parts, but not finished
                    products, essential to United States products
                    or production,
                      (C) routine services and maintenance of
                    products, to the extent that alternative
                    sources are not readily or reasonably
                    available, or
                      (D) information and technology essential to
                    United States products or production.

    SEC. 73A.\321\ NOTIFICATION OF ADMITTANCE OF MTCR ADHERENTS.

        (a) \322\ Policy Report.--Following any action by the
    United States that results in a country becoming a MTCR
    adherent, the President shall transmit promptly to the Congress
    a report which describes the rationale for such action,
    together with an assessment of that country's nonproliferation
    policies, practices, and commitments. Such report shall also
    include the text of any agreements or understandings between
    the United States and such country regarding the terms and
    conditions of the country's adherence to the MTCR.
    ---------------------------------------------------------------------------
        \321\ 22 U.S.C. 2797b-1. Sec. 735(d) of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108
    Stat. 506), added sec. 73A. Functions in this section are delegated to
    the Under Secretary of State for International Security Affairs
    (Department of State Public Notice 2086; Delegation of Authority No.
    214; 59 F.R. 50790).
        \322\ Sec. 1136(d) of the Arms Control and Nonproliferation Act of
    1999 (title XI of the Admiral James W. Nance and Meg Donovan Foreign
    Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
    enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
    Stat. 1536)) struck out ``Following any action'' and inserted in lieu
    thereof ``(a) Policy Report.--Following any action'', and added subsec.
    (b).
    ---------------------------------------------------------------------------
        (b) \322\ Intelligence Assessment Report.--At such times
    that a report is transmitted pursuant to subsection (a), the
    Director of Central Intelligence shall promptly prepare and
    submit to the Congress a separate report containing any
    credible information indicating that the country described in
    subsection (a) has engaged in any activity identified under
    subparagraph (A), (B), or (C) of section 73(a)(1) within the
    previous two years.

    SEC. 73B.\323\ AUTHORITY RELATING TO MTCR ADHERENTS.

        Notwithstanding section 73(b), the President may take the
    actions under section 73(a)(2) under the circumstances
    described in section 74(b)(2).
    ---------------------------------------------------------------------------
        \323\ 22 U.S.C. 2797b-2. Sec. 1137 of the Arms Control and
    Nonproliferation Act of 1999 (title XI of the Admiral James W. Nance
    and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000
    and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public
    Law 106-113; 113 Stat. 1536)) added sec. 73B.
    ---------------------------------------------------------------------------
        Sec. 74.\324\ Definitions.
    ---------------------------------------------------------------------------
        \324\ 22 U.S.C. 2797c.
    ---------------------------------------------------------------------------
      (a) \325\ In General.--For purposes of this chapter--
    ---------------------------------------------------------------------------
        \325\ Sec. 1136(a) of the Arms Control and Nonproliferation Act of
    1999 (title XI of the Admiral James W. Nance and Meg Donovan Foreign
    Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
    enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
    Stat. 1536)) added subsec. designation and ``In General'' before ``For
    purposes of'', and added subsec. (b).
    ---------------------------------------------------------------------------
              (1) the term ``missile'' means a category I system as
            defined in the MTCR Annex, and any other unmanned
            delivery system of similar capability, as well as the
            specially designed production facilities for these
            systems;
              (2) the term ``Missile Technology Control Regime'' or
            ``MTCR'' means the policy statement, between the United
            States, the United Kingdom, the Federal Republic of
            Germany, France, Italy, Canada, and Japan, announced on
            April 16, 1987, to restrict sensitive missile-relevant
            transfers based on the MTCR Annex, and any amendments
            thereto;
              (3) the term ``MTCR adherent'' means a country that
            participates in the MTCR or that, pursuant to an
            international understanding to which the United States
            is a party, controls MTCR equipment or technology in
            accordance with the criteria and standards set forth in
            the MTCR;
              (4) the term ``MTCR Annex'' means the Guidelines and
            Equipment and Technology Annex of the MTCR, and any
            amendments thereto;
              (5) the terms ``missile equipment or technology'' and
            ``MTCR equipment or technology'' mean those items
            listed in category I or category II of the MTCR Annex;
              (6) the term ``United States person'' has the meaning
            given that term in section 16(2) of the Export
            Administration Act of 1979 (50 U.S.C. App. 2415(2));
              (7) the term ``foreign person'' means any person
            other than a United States person;
              (8)(A) the term ``person'' means a natural person as
            well as a corporation, business association,
            partnership, society, trust, any other nongovernmental
            entity, organization, or group, and any governmental
            entity operating as a business enterprise, and any
            successor of any such entity; and
              (B) in the case of countries with non-market
            economies (excluding former members of the Warsaw
            Pact),\326\ the term ``person'' means--
    ---------------------------------------------------------------------------
        \326\ Popularly referred to as the Helms amendment. Sec. 323(b) of
    the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993
    (Public Law 102-138; 105 Stat. 711), struck out ``countries where it
    may be impossible to identify a specific governmental entity referred
    to in subparagraph (A)'' and inserted in lieu thereof ``countries with
    non-market economies (excluding former members of the Warsaw Pact)''.
    ---------------------------------------------------------------------------
                      (i) all activities of that government
                    relating to the development or production of
                    any missile equipment or technology; and
                      (ii) all activities of that government
                    affecting the development or production of
                    electronics, space systems or equipment, and
                    military aircraft; \327\ and
    ---------------------------------------------------------------------------
        \327\ Sec. 323(c) of the Foreign Relations Authorization Act,
    Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 711), struck
    out ``aircraft, electronics, and space systems or equipment'' and
    inserted in lieu thereof ``electronics, space systems or equipment, and
    military aircraft''.
    ---------------------------------------------------------------------------
              (9) the term ``otherwise engaged in the trade of''
            means, with respect to a particular export or transfer,
            to be a freight forwarder or designated exporting
            agent, or a consignee or end user of the item to be
            exported or transferred.
        (b) \325\ International Understanding Defined.--For
    purposes of subsection (a)(3), as it relates to any
    international understanding concluded with the United States
    after January 1, 2000, the term ``international understanding''
    means--
              (1) any specific agreement by a country not to
            export, transfer, or otherwise engage in the trade of
            any MTCR equipment or technology that contributes to
            the acquisition, design, development, or production of
            missiles in a country that is not an MTCR adherent and
            would be, if it were United States-origin equipment or
            technology, subject to the jurisdiction of the United
            States under this Act; or
              (2) any specific understanding by a country that,
            notwithstanding section 73(b) of this Act, the United
            States retains the right to take the actions under
            section 73(a)(2) of this Act in the case of any export
            or transfer of any MTCR equipment or technology that
            contributes to the acquisition, design, development, or
            production of missiles in a country that is not an MTCR
            adherent and would be, if it were United States-origin
            equipment or technology, subject to the jurisdiction of
            the United States under this Act.

         CHAPTER 8--CHEMICAL OR BIOLOGICAL WEAPONS PROLIFERATION \328\

    SEC. 81.\329\, \330\, \331\ SANCTIONS AGAINST
                        CERTAIN FOREIGN PERSONS.

      (a) Imposition of Sanctions.--
    ---------------------------------------------------------------------------
        \328\ Two forms of the Chemical and Biological Weapons Control and
    Warfare Elimination Act of 1991 were enacted in 1991. Sec. 505(b) of
    the first Chemical and Biological Weapons Control and Warfare
    Elimination Act of 1991 (title V of the Foreign Relations Authorization
    Act, Fiscal Years 1992 and 1993; Public Law 102-138; 105 Stat. 727)
    added chapter 8, sec. 81.
        Sec. 305(b) of the second Chemical and Biological Weapons Control
    and Warfare Elimination Act of 1991 (title III of Public Law 102-182;
    105 Stat. 1245) also inserted a new chapter 8, section 81 at this
    point.
        Subsequently, sec. 309(a) of the second Chemical and Biological
    Weapons Control and Warfare Elimination Act of 1991 (title III of
    Public Law 102-182; 105 Stat. 1245) repealed title V of the Foreign
    Relations Authorization Act, Fiscal Years 1992 and 1993 (the first
    Chemical and Biological Weapons Control and Warfare Elimination Act),
    and all amendments made therein.
        \329\ 22 U.S.C. 2798.
        \330\ Executive Order 12851 of June 11, 1993 (58 F.R. 33181)
    provided for the administration of proliferation sanctions, Middle East
    Arms Control, and related congressional reporting requirements,
    including the following:
        ``Section 1. Chemical and Biological Weapons Proliferation and Use
    Sanctions. (a) Chemical and Biological Weapons Proliferation. The
    authority and duties vested in me by section 81 of the Arms Export
    Control Act, as amended (`AECA') (22 U.S.C. 2798), and section 11C of
    the Export Administration Act of 1979, as amended (`EAA') (50 U.S.C.
    App. 2410c), are delegated to the Secretary of State, except that:
    ---------------------------------------------------------------------------

              ``(1) The authority and duties vested in me to deny certain
            United States Government contracts, as provided in section
            81(c)(1)(A) of the AECA and section 11C(c)(1)(A) of the EAA,
            pursuant to a determination made by the Secretary of State
            under section 81(a)(1) of the AECA or section 11C(a)(1) of the
            EAA, as well as the authority and duties vested in me to make
            the determinations provided for in section 81(c)(2) of the AECA
            and section 11C(c)(2) of the EAA are delegated to the Secretary
            of Defense. The Secretary of Defense shall notify the Secretary
            of the Treasury of determinations made pursuant to section
            81(c)(2) of the AECA and section 11(c)(2) of the EAA).
              ``(2) The authority and duties vested in me to prohibit
            certain imports as provided in section 81(c)(1)(B) of the AECA
            and section 11C(c)(1)(B) of the EAA, pursuant to a
            determination made by the Secretary of State under section
            81(a)(1) of the AECA or section 11C(a)(1) of the EAA, and the
            obligation to implement the exceptions provided in section
            81(c)(2) of the AECA and section 11C(c)(2) of the EAA, insofar
            as the exceptions affect imports of goods into the United
            States, are delegated to the Secretary of the Treasury.''
    ---------------------------------------------------------------------------
        \331\ Determinations relating to section 81 were issued in two
    instances in 1998 where it was ``concluded that publication of the
    determination would be harmful to the national security of the United
    States.'': Department of State Public Notice 2744 of February 10, 1998
    (63 F.R. 9039); and Public Notice 2822 of May 8, 1998 (63 F.R. 28436).
        In Department of State Public Notice 2745 of February 10, 1998, the
    Acting Assistant Secretary of State for Political-Military Affairs
    determined that, pursuant to section 81(a) of this Act, section 11C(a)
    of the Export Administration Act, and Executive Order 12851 of June 11,
    1993, ``the following foreign person has engaged in chemical weapons
    proliferation activities that require the imposition of the sanctions
    described in section 81(c) of the Arms Export Control Act (22 U.S.C.
    2798(c)) and section 11C(c) of the Export Administration Act of 1979
    (50 U.S.C. 2410c(c)): Berge Aris Balanian (fugitive from justice
    previously residing in Germany, and last known to be in Lebanon).''.
    ---------------------------------------------------------------------------
              (1) Determination by the president.--Except as
            provided in subsection (b)(2), the President shall
            impose both of the sanctions described in subsection
            (c) if the President determines that a foreign person,
            on or after the date of the enactment of this
            section,\332\ has knowingly and materially
            contributed--
    ---------------------------------------------------------------------------
        \332\ Sec. 309(a)(2) of Public Law 102-182 (105 Stat. 1258)
    provides that ``the `date of the enactment of this section' * * * shall
    be deemed to refer to the date of the enactment of the Foreign
    Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law
    102-138)'', which was enacted on October 28, 1991.
    ---------------------------------------------------------------------------
                      (A) through the export from the United States
                    of any goods or technology that are subject to
                    the jurisdiction of the United States,
                      (B) through the export from any other country
                    of any goods or technology that would be, if
                    they were United States goods or technology,
                    subject to the jurisdiction of the United
                    States, or
                      (C) through any other transaction not subject
                    to sanctions pursuant to the Export
                    Administration Act of 1979,
            to the efforts by any foreign country, project, or
            entity described in paragraph (2) to use, develop,
            produce, stockpile, or otherwise acquire chemical or
            biological weapons.
              (2) Countries, projects, or entities receiving
            assistance.--Paragraph (1) applies in the case of--
                      (A) any foreign country that the President
                    determines has, at any time after January 1,
                    1980--
                              (i) used chemical or biological
                            weapons in violation of international
                            law;
                              (ii) used lethal chemical or
                            biological weapons against its own
                            nationals; or
                              (iii) made substantial preparations
                            to engage in the activities described
                            in clause (i) or (ii);
                      (B) any foreign country whose government is
                    determined for purposes of section 6(j) of the
                    Export Administration Act of 1979 (50 U.S.C.
                    2405(j)) to be a government that has repeatedly
                    provided support for acts of international
                    terrorism; or
                      (C) any other foreign country, project, or
                    entity designated by the President for purposes
                    of this section.
              (3) Persons against whom sanctions are to be
            imposed.--Sanctions shall be imposed pursuant to
            paragraph (1) on--
                      (A) the foreign person with respect to which
                    the President makes the determination described
                    in that paragraph;
                      (B) any successor entity to that foreign
                    person;
                      (C) any foreign person that is a parent or
                    subsidiary of that foreign person if that
                    parent or subsidiary knowingly assisted in the
                    activities which were the basis of that
                    determination; and
                      (D) any foreign person that is an affiliate
                    of that foreign person if that affiliate
                    knowingly assisted in the activities which were
                    the basis of that determination and if that
                    affiliate is controlled in fact by that foreign
                    person.
      (b) Consultations With and Actions by Foreign Government of
    Jurisdiction.--
              (1) Consultations.--If the President makes the
            determinations described in subsection (a)(1) with
            respect to a foreign person, the Congress urges the
            President to initiate consultations immediately with
            the government with primary jurisdiction over that
            foreign person with respect to the imposition of
            sanctions pursuant to this section.
              (2) Actions by government of jurisdiction.--In order
            to pursue such consultations with that government, the
            President may delay imposition of sanctions pursuant to
            this section for a period of up to 90 days. Following
            these consultations, the President shall impose
            sanctions unless the President determines and certifies
            to the Congress that that government has taken specific
            and effective actions, including appropriate penalties,
            to terminate the involvement of the foreign person in
            the activities described in subsection (a)(1). The
            President may delay imposition of sanctions for an
            additional period of up to 90 days if the President
            determines and certifies to the Congress that that
            government is in the process of taking the actions
            described in the preceding sentence.
              (3) Report to congress.--The President shall report
            to the Congress, not later than 90 days after making a
            determination under subsection (a)(1), on the status of
            consultations with the appropriate government under
            this subsection, and the basis for any determination
            under paragraph (2) of this subsection that such
            government has taken specific corrective actions.
      (c) Sanctions.--
              (1) Description of sanctions.--The sanctions to be
            imposed pursuant to subsection (a)(1) are, except as
            provided in paragraph (2) of this subsection, the
            following:
                      (A) Procurement sanction.--The United States
                    Government shall not procure, or enter into any
                    contract for the procurement of, any goods or
                    services from any person described in
                    subsection (a)(3).
                      (B) Import sanctions.--The importation into
                    the United States of products produced by any
                    person described in subsection (a)(3) shall be
                    prohibited.
              (2) Exceptions.--The President shall not be required
            to apply or maintain sanctions under this section--
                      (A) in the case of procurement of defense
                    articles or defense services--
                              (i) under existing contracts or
                            subcontracts, including the exercise of
                            options for production quantities to
                            satisfy United States operational
                            military requirements;
                              (ii) if the President determines that
                            the person or other entity to which the
                            sanctions would otherwise be applied is
                            a sole source supplier of the defense
                            articles or services, that the defense
                            articles or services are essential, and
                            that alternative sources are not
                            readily or reasonably available; or
                              (iii) if the President determines
                            that such articles or services are
                            essential to the national security
                            under defense coproduction agreements;
                      (B) to products or services provided under
                    contracts entered into before the date on which
                    the President publishes his intention to impose
                    sanctions;
                      (C) to--
                              (i) spare parts,
                              (ii) component parts, but not
                            finished products, essential to United
                            States products or production, or
                              (iii) routine servicing and
                            maintenance of products, to the extent
                            that alternative sources are not
                            readily or reasonably available;
                      (D) to information and technology essential
                    to United States products or production; or
                      (E) to medical or other humanitarian items.
      (d) Termination of Sanctions.--The sanctions imposed pursuant
    to this section shall apply for a period of at least 12 months
    following the imposition of sanctions and shall cease to apply
    thereafter only if the President determines and certifies to
    the Congress that reliable information indicates that the
    foreign person with respect to which the determination was made
    under subsection (a)(1) has ceased to aid or abet any foreign
    government, project, or entity in its efforts to acquire
    chemical or biological weapons capability as described in that
    subsection.
      (e) Waiver.--
              (1) Criterion for waiver.--The President may waive
            the application of any sanction imposed on any person
            pursuant to this section, after the end of the 12-month
            period beginning on the date on which that sanction was
            imposed on that person, if the President determines and
            certifies to the Congress that such waiver is important
            to the national security interests of the United
            States.
              (2) Notification of and report to congress.--If the
            President decides to exercise the waiver authority
            provided in paragraph (1), the President shall so
            notify the Congress not less than 20 days before the
            waiver takes effect. Such notification shall include a
            report fully articulating the rationale and
            circumstances which led the President to exercise the
            waiver authority.
      (f) Definition of Foreign Person.--For the purposes of this
    section, the term ``foreign person'' means--
              (1) an individual who is not a citizen of the United
            States or an alien admitted for permanent residence to
            the United States; or
              (2) a corporation, partnership, or other entity which
            is created or organized under the laws of a foreign
            country or which has its principal place of business
            outside the United States.

      CHAPTER 9--TRANSFER OF CERTAIN CFE TREATY-LIMITED EQUIPMENT TO NATO
                                 MEMBERS \333\

    SEC. 91.\334\ PURPOSE.
    ---------------------------------------------------------------------------

        \333\ Sec. 2 of the Conventional Forces in Europe Treaty
    Implementation Act of 1991 (Public Law 102-228; 105 Stat. 1691) added
    chapter 9, secs. 91-95.
        \334\ 22 U.S.C. 2799.
    ---------------------------------------------------------------------------
        The purpose of this chapter is to authorize the President
    to support, consistent with the CFE Treaty, a NATO equipment
    transfer program that will--
              (1) enhance NATO's forces,
              (2) increase NATO standardization and
            interoperability, and
              (3) better distribute defense burdens within the NATO
            alliance.

    SEC. 92.\335\ CFE TREATY OBLIGATIONS.
    ---------------------------------------------------------------------------

        \335\ 22 U.S.C. 2799a.
    ---------------------------------------------------------------------------
        The authorities provided in this chapter shall be exercised
    consistent with the obligations incurred by the United States
    in connection with the CFE Treaty.

    SEC. 93.\336\ AUTHORITIES.
    ---------------------------------------------------------------------------

        \336\ 22 U.S.C. 2799b.
    ---------------------------------------------------------------------------
        (a) \337\ General Authority.--The President may transfer to
    any NATO/CFE country, in accordance with NATO plans, defense
    articles--
    ---------------------------------------------------------------------------
        \337\ In a Memorandum of February 13, 1992, the President delegated
    ``to the Secretary of Defense the functions vested in me by section
    93(a) and section 94 of the Arms Export Control Act, as amended (`the
    Act'), and to the Secretary of State the functions vested in me by
    section 93(f) of the Act. Consistent with section 2 of the Act,
    transfers of defense articles under section 93(a) shall be subject to
    the policy direction of the Secretary of State, including the
    determination of whether such transfers shall occur.'' (57 F.R. 6663;
    February 27, 1992).
    ---------------------------------------------------------------------------
              (1) that are battle tanks, armoured combat vehicles,
            or artillery included within the CFE Treaty's
            definition of ``conventional armaments and equipment
            limited by the Treaty'';
              (2) that were, as of the date of signature of the CFE
            Treaty, in the stocks of the Department of Defense and
            located in the CFE Treaty's area of application; and
              (3) that the President determines are not needed by
            United States military forces within the CFE Treaty's
            area of application.
        (b) Acceptance of NATO Assistance in Eliminating Direct
    Costs of Transfers.--In order to eliminate direct costs of
    facilitating transfers of defense articles under subsection
    (a), the United States may utilize services provided by NATO or
    any NATO/CFE country, including inspection, repair, or
    transportation services with respect to defense articles so
    transferred.
        (c) Acceptance of NATO Assistance in Meeting Certain United
    States Obligations.--In order to facilitate United States
    compliance with the CFE Treaty-mandated obligations for
    destruction of conventional armaments and equipment limited by
    the CFE Treaty, the United States may utilize services or funds
    provided by NATO or any NATO/CFE country.
        (d) Authority To Transfer on a Grant Basis.--Defense
    articles may be transferred under subsection (a) without cost
    to the recipient country.
        (e) Third Country Transfers Restrictions.--For purposes of
    sections 3(a)(2), 3(a)(3), 3(c), and 3(d) of this Act, defense
    articles transferred under subsection (a) of this section shall
    be deemed to have been sold under this Act.
        (f) \337\ Maintenance of Military Balance in the Eastern
    Mediterranean.--The President shall ensure that transfers by
    the United States under subsection (a), taken together with
    transfers by other NATO/CFE countries in implementing the CFE
    Treaty, are of such valuations so as to be consistent with the
    United States policy, embodied in section 620C of the Foreign
    Assistance Act of 1961, of maintaining the military balance in
    the Eastern Mediterranean.
        (g) Expiration of Authority.--
              (1) In general.--Except as provided in paragraph (2),
            the authority of subsection (a) expires at the end of
            the 40-month period beginning on the date on which the
            CFE Treaty enters into force.
              (2) Transition rule.--Paragraph (1) does not apply
            with respect to a transfer of defense articles for
            which notification under section 94(a) is submitted
            before the end of the period described in that
            paragraph.

    SEC. 94.\337\, \338\ NOTIFICATIONS AND REPORTS TO CONGRESS.
    ---------------------------------------------------------------------------

        \338\ 22 U.S.C. 2799c.
    ---------------------------------------------------------------------------
        (a) Notifications.--Not less than 15 days before
    transferring any defense articles pursuant to section 93(a),
    the President shall notify the Committee on Foreign Affairs
    \339\ of the House of Representatives and the Committee on
    Foreign Relations of the Senate in accordance with the
    procedures applicable to reprogramming notifications pursuant
    to section 634A of the Foreign Assistance Act of 1961.
    ---------------------------------------------------------------------------
        \339\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
        (b) Annual Reports.--Not later than February 1 each year,
    the President shall submit to the Committee on Foreign Affairs
    \339\ and the Committee on Armed Services \340\ of the House of
    Representatives and the Committee on Foreign Relations and the
    Committee on Armed Services of the Senate a report that--
    ---------------------------------------------------------------------------
        \340\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives.
    ---------------------------------------------------------------------------
              (1) lists all transfers made to each recipient NATO/
            CFE country by the United States under section 93(a)
            during the preceding calendar year;
              (2) describes how those transfers further the
            purposes described in paragraphs (1) through (3) of
            section 91; and
              (3) lists, on a country-by-country basis, all
            transfers to another country of conventional armaments
            and equipment limited by the CFE Treaty--
                      (A) by each NATO/CFE country (other than the
                    United States) in implementing the CFE Treaty,
                    and
                      (B) by each country of the Eastern Group of
                    States Parties \341\ in implementing the CFE
                    Treaty.
    ---------------------------------------------------------------------------
        \341\ Sec. 402(1) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2317) struck out ``Warsaw Pact country'' and inserted in lieu
    thereof ``country of the Eastern Group of States Parties''.
    ---------------------------------------------------------------------------

    SEC. 95.\342\ DEFINITIONS.
    ---------------------------------------------------------------------------

        \342\ 22 U.S.C. 2799d.
    ---------------------------------------------------------------------------
        As used in this chapter--
              (1) the term ``CFE Treaty'' means the Treaty on
            Conventional Armed Forces in Europe (signed at Paris,
            November 19, 1990);
              (2) the term ``conventional armaments and equipment
            limited by the CFE Treaty'' has the same meaning as the
            term ``conventional armaments and equipment limited by
            the Treaty'' does under paragraph 1(J) of article II of
            the CFE Treaty;
              (3) the term ``NATO'' means the North Atlantic Treaty
            Organization;
              (4) the term ``NATO/CFE country'' means a member
            country of NATO that is a party to the CFE Treaty and
            is listed in paragraph 1(A) of article II of the CFE
            Treaty within the group of States Parties that signed
            or acceded to the Treaty of Brussels of 1948 or the
            Treaty of Washington of 1949 (the North Atlantic
            Treaty); and
              (5) the term ``country of the Eastern Group of States
            Parties'' \343\ means a country that is listed in
            paragraph 1(A) of article II of the CFE Treaty within
            the group of States Parties that signed the Treaty of
            Warsaw of 1955 or a successor state to such a
            country.\344\
    ---------------------------------------------------------------------------
        \343\ Sec. 402(2)(A) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2317) struck out ``Warsaw Pact country'' and inserted in lieu
    thereof ``country of the Eastern Group of States Parties''.
        \344\ Sec. 402(2)(B) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2317) inserted ``or a successor state to such a country''.
    ---------------------------------------------------------------------------

              CHAPTER 10--NUCLEAR NONPROLIFERATION CONTROLS \345\

    SEC. 101.\346\ NUCLEAR ENRICHMENT TRANSFERS.

        (a) Prohibitions; Safeguards and Management.--Except as
    provided in subsection (b) of this section, no funds made
    available to carry out the Foreign Assistance Act of 1961 or
    this Act may be used for the purpose of providing economic
    assistance (including assistance under chapter 4 of part II of
    the Foreign Assistance Act of 1961), providing military
    assistance or grant military education and training, providing
    assistance under chapter 6 of part II of that Act, or extending
    military credits or making guarantees, to any country which the
    President determines delivers nuclear enrichment equipment,
    materials, or technology to any other country on or after
    August 4, 1977, or receives such equipment, materials, or
    technology from any other country on or after August 4, 1977,
    unless before such delivery--
    ---------------------------------------------------------------------------
        \345\ Sec. 826(a) of the Nuclear Proliferation Prevention Act of
    1994 (title VIII of the Foreign Relations Authorization Act, Fiscal
    Years 1994 and 1995; Public Law 103-236; 108 Stat. 515) added chapter
    10, sections 101, 102, and 103.
        \346\ 22 U.S.C. 2799aa. See determinations set out in footnotes in
    sec. 102(b)(1).
        Popularly referred to as the Symington amendment. Similar language
    was originally enacted as sec. 669 of the Foreign Assistance Act of
    1961, and codified at 22 U.S.C. 2429, by sec. 305 of Public Law 94-329.
    Sec. 669 was amended and restated by sec. 12 of the International
    Security Assistance Act of 1977 (Public Law 95-92; 91 Stat. 620),
    further amended by secs. 10(b)(4) and 12 of the International Security
    Assistance Act of 1978 (Public Law 95-384; 92 Stat. 735, 737); and
    further amended by sec. 737(b) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1562).
    Secs. 669 and 670 were repealed by sec. 826(b) of the Nuclear
    Proliferation Prevention Act of 1994 (title VIII of the Foreign
    Relations Authorization Act; Public Law 103-236; 108 Stat. 519), after
    section 826(a) of that Act enacted two new sections into the Arms
    Export Control Act (secs. 101 and 102; at 22 U.S.C. 2799aa and 2799aa-
    1) to state nuclear nonproliferation controls.
    ---------------------------------------------------------------------------
              (1) the supplying country and receiving country have
            reached agreement to place all such equipment,
            materials, or technology, upon delivery, under
            multilateral auspices and management when available;
            and
              (2) the recipient country has entered into an
            agreement with the International Atomic Energy Agency
            to place all such equipment, materials, technology, and
            all nuclear fuel and facilities in such country under
            the safeguards system of such Agency.
      (b) Certification by President of Necessity of Continued
    Assistance; Disapproval by Congress.--(1) Notwithstanding
    subsection (a) of this section, the President may furnish
    assistance which would otherwise be prohibited under such
    subsection if he determines and certifies in writing to the
    Speaker of the House of Representatives and the Committee on
    Foreign Relations of the Senate that--
              (A) the termination of such assistance would have a
            serious adverse effect on vital United States
            interests; and
              (B) he has received reliable assurances that the
            country in question will not acquire or develop nuclear
            weapons or assist other nations in doing so.
    Such certification shall set forth the reasons supporting such
    determination in each particular case.
        (2)(A) A certification under paragraph (1) of this
    subsection shall take effect on the date on which the
    certification is received by the Congress. However, if, within
    thirty calendar days after receiving this certification, the
    Congress enacts a joint resolution stating in substance that
    the Congress disapproves the furnishing of assistance pursuant
    to the certification, then upon the enactment of that
    resolution the certification shall cease to be effective and
    all deliveries of assistance furnished under the authority of
    that certification shall be suspended immediately.
        (B) Any joint resolution under this paragraph shall be
    considered in the Senate in accordance with the provisions of
    section 601(b) of the International Security Assistance and
    Arms Export Control Act of 1976.

    SEC. 102.\345\, \347\ NUCLEAR REPROCESSING TRANSFERS,
                        ILLEGAL EXPORTS FOR NUCLEAR EXPLOSIVE DEVICES,
                        TRANSFERS OF NUCLEAR EXPLOSIVE DEVICES, AND NUCLEAR
                        DETONATIONS.

        (a) Prohibitions on Assistance to Countries Involved in
    Transfer of Nuclear Reprocessing Equipment, Materials, or
    Technology; Exceptions; Procedures Applicable.--(1) Except as
    provided in paragraph (2) of this subsection, no funds made
    available to carry out the Foreign Assistance Act of 1961 or
    this Act may be used for the purpose of providing economic
    assistance (including assistance under chapter 4 of part II of
    the Foreign Assistance Act of 1961), providing military
    assistance or grant military education and training, providing
    assistance under chapter 6 of part II of that Act, or extending
    military credits or making guarantees, to any country which the
    President determines--
    ---------------------------------------------------------------------------
        \347\ 22 U.S.C. 2799aa-1. Popularly referred to as the Glenn
    amendment. Similar language was originally enacted as sec. 670 of the
    Foreign Assistance Act of 1961, and codified at 22 U.S.C. 2429a, by
    sec. 12 of Public Law 95-92 (91 Stat. 620); amended and restated by
    sec. 737(c) of the International Security and Development Cooperation
    Act of 1981 (Public Law 97-113; 95 Stat. 1562); and further amended by
    sec. 1204 of the International Security and Development Cooperation Act
    of 1985 (Public Law 99-83; 99 Stat. 277). Sec. 670 (and sec. 669) were
    repealed by sec. 826(b) of the Nuclear Proliferation Prevention Act of
    1994 (title VIII of the Foreign Relations Authorization Act; Public Law
    103-236; 108 Stat. 519), after section 826(a) of that Act enacted two
    new sections into the Arms Export Control Act (secs. 101 and 102; at 22
    U.S.C. 2799aa and 2799aa-1) to state nuclear nonproliferation controls.
    ---------------------------------------------------------------------------
              (A) delivers nuclear reprocessing equipment,
            materials, or technology to any other country on or
            after August 4, 1977, or receives such equipment,
            materials, or technology from any other country on or
            after August 4, 1977 (except for the transfer of
            reprocessing technology associated with the
            investigation, under international evaluation programs
            in which the United States participates, of
            technologies which are alternatives to pure plutonium
            reprocessing), or
              (B) is a non-nuclear-weapon state which, on or after
            August 8, 1985, exports illegally (or attempts to
            export illegally) from the United States any material,
            equipment, or technology which would contribute
            significantly to the ability of such country to
            manufacture a nuclear explosive device, if the
            President determines that the material, equipment, or
            technology was to be used by such country in the
            manufacture of a nuclear explosive device.
    For purposes of clause (B), an export (or attempted export) by
    a person who is an agent of, or is otherwise acting on behalf
    of or in the interests of, a country shall be considered to be
    an export (or attempted export) by that country.
        (2) Notwithstanding paragraph (1) of this subsection, the
    President in any fiscal year may furnish assistance which would
    otherwise be prohibited under that paragraph if he determines
    and certifies in writing during that fiscal year to the Speaker
    of the House of Representatives and the Committee on Foreign
    Relations of the Senate that the termination of such assistance
    would be seriously prejudicial to the achievement of United
    States nonproliferation objectives or otherwise jeopardize the
    common defense and security. The President shall transmit with
    such certification a statement setting forth the specific
    reasons therefor.
        (3)(A) A certification under paragraph (2) of this
    subsection shall take effect on the date on which the
    certification is received by the Congress. However, if, within
    30 calendar days after receiving this certification, the
    Congress enacts a joint resolution stating in substance that
    the Congress disapproves the furnishing of assistance pursuant
    to the certification, then upon the enactment of that
    resolution the certification shall cease to be effective and
    all deliveries of assistance furnished under the authority of
    that certification shall be suspended immediately.
        (B) Any joint resolution under this paragraph shall be
    considered in the Senate in accordance with the provisions of
    section 601(b) of the International Security Assistance and
    Arms Export Control Act of 1976.
        (b) Prohibitions on Assistance to Countries Involved in
    Transfer or Use of Nuclear Explosive Devices; Exceptions;
    Procedures Applicable.--(1) \348\ Except as provided in
    paragraphs (4), (5), and (6), in the event that the President
    determines that any country, after the effective date of part B
    of the Nuclear Proliferation Prevention Act of 1994--
    ---------------------------------------------------------------------------
        \348\ On May 13, 1998, the President determined ``that India, a
    non-nuclear-weapon state, detonated a nuclear explosive device on May
    11, 1998. The relevant agencies and instrumentalities of the United
    States Government are hereby directed to take the necessary actions to
    impose the sanctions described in section 102(b)(2) * * *''
    (Presidential Determination 98-22 of May 13, 1998; 63 F.R. 27665). In
    support of that determination, the Department of State issued Public
    Notice 2825 (63 F.R. 27781; May 15, 1998), to revoke all ``licenses and
    other approvals to export or otherwise transfer defense articles and
    defense services from the United States to India, or transfer U.S.
    origin defense articles and defense services from a foreign destination
    to India, or temporarily import defense articles from India pursuant to
    Section 38 of the Arms Export Control Act * * *''.
        On May 30, 1998, the President determined ``that Pakistan, a non-
    nuclear-weapon state, detonated a nuclear explosive device on May 28,
    1998. The relevant agencies and instrumentalities of the United States
    Government are hereby directed to take the necessary actions to impose
    the sanctions described in section 102(b)(2) * * *'' (Presidential
    Determination 98-25 of May 30, 1998; 63 F.R. 31881). In support of that
    determination, the Department of State issued Public Notice 2835 (63
    F.R. 33122; May 30, 1998), to revoke all ``licenses and other approvals
    to export or otherwise transfer defense articles and defense services
    from the United States to Pakistan, or transfer U.S. origin defense
    articles and defense services from a foreign destination to Pakistan,
    or temporarily import defense articles from Pakistan pursuant to
    Section 38 of the Arms Export Control Act * * *''.
        The India-Pakistan Relief Act, enacted as title IX of the
    Agriculture, Rural Development, Food and Drug Administration, and
    Related Agencies Appropriations Act, 1999 (division A, sec. 101(a) of
    Public Law 105-277; 112 Stat. 2681), however, authorized the President
    to waive the application of sanctions against India and Pakistan for
    one year. The President issued such a determination as referred to in
    sec. 902 of the India-Pakistan Relief Act on December 1, 1998, that
    provided: ``I hereby waive until October 21, 1999, the sanctions and
    prohibitions contained in section 101 and 102 of the Arms Export
    Control Act, section 620E(e) of the Foreign Assistance Act of 1961, and
    section 2(b)(4)of the Export-Import Bank Act of 1945, insofar as such
    sanctions and prohibitions would otherwise apply to activities of the
    Export-Import Bank, the Overseas Private Investment Corporation, and
    the Trade and Development Agency with respect to Pakistan and India;
    assistance to Pakistan and India under the `International Military
    Education and Training' program; the making of any loan or financial or
    technical assistance to Pakistan by any international financial
    institution in support of the assistance program that Pakistan is
    negotiating with the International Monetary Fund.'' (Presidential
    Determination No. 99-7; Weekly Compilation of Presidential
    Documents,vol. 34, no. 49, December 7, 1998, p. 2402).
        In 1999, the President exercised authority pursuant to the India-
    Pakistan Relief Act of 1998 in Presidential Determination No. 99-38 of
    September 21, 1999 (64 F.R. 53573); Presidential Determination No. 99-
    44 of September 30, 1999 (64 F.R. 54503); and Presidential
    Determination No. 2000-4 of October 27, 1999 (64 F.R. 60649).
        Title IX of the Department of Defense Appropriations Act, 2000
    (Public Law 106-79; 113 Stat. 1283) repealed the India-Pakistan Relief
    Act, effective October 21, 1999. In its place, title IX of that Act
    provided the following:
    ---------------------------------------------------------------------------

                                   ``TITLE IX

            ``WAIVER OF CERTAIN SANCTIONS AGAINST INDIA AND PAKISTAN
    ---------------------------------------------------------------------------
        ``Sec. 9001. (a) Waiver Authority.--Except as provided in
    subsections (b) and (c) of this section, the President may waive, with
    respect to India and Pakistan, the application of any sanction
    contained in section 101 or 102 of the Arms Export Control Act (22
    U.S.C. 2799aa or 22 U.S.C. 2799aa-1), section 2(b)(4) of the Export
    Import Bank Act of 1945 (12 U.S.C. 635(b)(4)), or section 620E(e) of
    the Foreign Assistance Act of 1961, as amended, (22 U.S.C. 2375(e)).
        ``(b) Exception.--The authority to waive the application of a
    sanction or prohibition (or portion thereof) under subsection (a) shall
    not apply with respect to a sanction or prohibition contained in
    subparagraph (B), (C), or (G) of section 102(b)(2) of the Arms Export
    Control Act, unless the President determines, and so certifies to the
    Congress, that the application of the restriction would not be in the
    national security interests of the United States.
        ``(c) Terminataion of Waiver.--The President may not exercise the
    authority of subsection (a), and any waiver previously issued under
    subsection (a) shall cease to apply, with respect to India or Pakistan,
    if that country detonates a nuclear explosive device after the date of
    the enactment of this Act or otherwise takes such action which would
    cause the President to report pursuant to section 102(b)(1) of the Arms
    Export Control Act.
        ``(d) Targeted Sanctions.--
    ---------------------------------------------------------------------------

              ``(1) Sense of the congress.--

                      ``(A) it is the sense of the Congress that the broad
                    application of export controls to nearly 300 Indian and
                    Pakistani entities is inconsistent with the specific
                    national security interests of the United States and
                    that this control list requires refinement; and
                      ``(B) export controls should be applied only to those
                    Indian and Pakistani entities that make direct and
                    material contributions to weapons of mass destruction
                    and missile programs and only to those items that can
                    contribute to such programs.

              ``(2) Reporting requirement.--Not later than 60 days after
            the date of the enactment of this Act, the President shall
            submit both a classified and unclassified report to the
            appropriate congressional committees listing those Indian and
            Pakistani entities whose activities contribute to missile
            programs or weapons of mass destruction programs.
    ---------------------------------------------------------------------------
        ``(e) Congressional Notification.--The issuance of a license for
    export of a defense article, defense service, or technology under the
    authority of this section shall be subject to the same requirements as
    are applicable to the export of items described in section 36(c) of the
    Arms Export Control Act (22 U.S.C. 2776(c)), including the transmittal
    of information and the application of congressional review procedures.
        ``(f) Repeal.--The India-Pakistan Relief Act (title IX of the
    Agriculture, Rural Development, Food and Drug Administration, and
    Related Agencies Appropriations Act, 1999, as contained in section
    101(a) of Public Law 105-277) is repealed effective October 21,
    1999.''.
        The President waived the application of sanctions under the new law
    on October 27, 1999 (Presidential Determination No. 2000-4; 64 F.R.
    60649), to the following extent:
        ``(1) with respect to India, insofar as such sanctions would
    otherwise apply to activities of the Export-Import Bank, the Overseas
    Private Investment Corporation, and the Trade and Development Agency;
    assistance under the `International Military Education and Training'
    program; the making of any loan or the providing of any credit to the
    Government of India by any U.S. bank; assistance to the Asian elephant
    Conservation Fund, the Rhinoceros and Tiger conservation Fund, and the
    Indo-American Environmental Leadership program; and any credit, credit
    guarantee, or other financial assistance provided by the Department of
    Agriculture to support the purchase of food or other agricultural
    commodity; and
        ``(2) with respect to Pakistan, insofar as such sanctions would
    otherwise apply to any credit, credit guarantee, or other financial
    assistance provided by the Department of Agriculture to support the
    purchase of food or other agricultural commodity; and the making of any
    loan or the providing of any credit to the Government of Pakistan by
    any U.S. bank.'' (Presidential Determination No. 2000-4; October 27,
    1999; 64 F.R. 60649).
        The President and executive branch agencies have subsequently
    waived or adjusted sanctions against particular Indian and Pakistani
    entities: see Presidential Determination No. 2000-18 (March 18, 2000;
    65 F.R. 16297); Bureau of Export Administration , 15 CFR Part 744
    (March 17, 2000; 65 F.R. 14444); and Presidential Determination No.
    2001-11 (January 19, 2001; 66 F.R. 8503).
    ---------------------------------------------------------------------------
              (A) transfers to a non-nuclear-weapon state a nuclear
            explosive device,
              (B) is a non-nuclear-weapon state and either--
                      (i) receives a nuclear explosive device, or
                      (ii) detonates a nuclear explosive device,
              (C) transfers to a non-nuclear-weapon state any
            design information or component which is determined by
            the President to be important to, and known by the
            transferring country to be intended by the recipient
            state for use in, the development or manufacture of any
            nuclear explosive device, or
              (D) is a non-nuclear-weapon state and seeks and
            receives any design information or component which is
            determined by the President to be important to, and
            intended by the recipient state for use in, the
            development or manufacture of any nuclear explosive
            device,
    then the President shall forthwith report in writing his
    determination to the Congress and shall forthwith impose the
    sanctions described in paragraph (2) against that country.
        (2) The sanctions referred to in paragraph (1) are as
    follows:
              (A) The United States Government shall terminate
            assistance to that country under the Foreign Assistance
            Act of 1961, except for humanitarian assistance or food
            or other agricultural commodities.
              (B) The United States Government shall terminate--
                      (i) sales to that country under this Act of
                    any defense articles, defense services, or
                    design and construction services, and
                      (ii) licenses for the export to that country
                    of any item on the United States Munitions
                    List.
              (C) The United States Government shall terminate all
            foreign military financing for that country under this
            Act.
              (D) The United States Government shall deny to that
            country any credit, credit guarantees, or other
            financial assistance by any department, agency, or
            instrumentality of the United States Government, except
            that the sanction of this subparagraph shall not
            apply--
                      (i) to any transaction subject to the
                    reporting requirements of title V of the
                    National Security Act of 1947 (relating to
                    congressional oversight of intelligence
                    activities),\349\
    ---------------------------------------------------------------------------
        \349\ Sec. 2(a) of the Agriculture Export Relief Act of 1998
    (Public Law 105-194; 112 Stat. 627) struck out ``or'' at the end of
    clause (i); struck out a period at the end of clause (ii) and inserted
    in lieu thereof ``, or''; and added clause (iii). Subsecs. (d) and (e)
    of that section further provided:
        ``(d) Application of Amendments.--The amendment made by subsection
    (a)(3) shall apply to any credit, credit guarantee, or other financial
    assistance provided by the Department of Agriculture before, on, or
    after the date of enactment of this Act through September 30, 1999.
        ``(e) Effect on Existing Sanctions.--Any sanction imposed under
    section 102(b)(1) of the Arms Export Control Act before the date of the
    enactment of this Act shall cease to apply upon that date with respect
    to the items described in the amendments made by subsections (b) and
    (c). In the case of the amendment made by subsection (a)(3), any
    sanction imposed under section 102(b)(1) of the Arms Export Control Act
    before the date of the enactment of this Act shall not be in effect
    during the period beginning on that date and ending on September 30,
    1999, with respect to the activities and items described in the
    amendment.''.
    ---------------------------------------------------------------------------
                      (ii) to medicines, medical equipment, and
                    \350\ humanitarian assistance, or \349\
    ---------------------------------------------------------------------------
        \350\ Sec. 2(c) of the Agriculture Export Relief Act of 1998
    (Public Law 105-194; 112 Stat. 627) inserted ``medicines, medical
    equipment, and'' after ``to''. Subsec. (e) of that section further
    provided:
        ``(e) Effect on Existing Sanctions.--Any sanction imposed under
    section 102(b)(1) of the Arms Export Control Act before the date of the
    enactment of this Act shall cease to apply upon that date with respect
    to the items described in the amendments made by subsections (b) and
    (c). In the case of the amendment made by subsection (a)(3), any
    sanction imposed under section 102(b)(1) of the Arms Export Control Act
    before the date of the enactment of this Act shall not be in effect
    during the period beginning on that date and ending on September 30,
    1999, with respect to the activities and items described in the
    amendment.''.
    ---------------------------------------------------------------------------
                      (iii) \349\ to any credit, credit guarantee,
                    or financial assistance provided by the
                    Department of Agriculture to support the
                    purchase of food or other agricultural
                    commodity.
              (E) The United States Government shall oppose, in
            accordance with section 701 of the International
            Financial Institutions Act (22 U.S.C. 262d), the
            extension of any loan or financial or technical
            assistance to that country by any international
            financial institution.
              (F) The United States Government shall prohibit any
            United States bank from making any loan or providing
            any credit to the government of that country, except
            for loans or credits for the purpose of purchasing food
            or other agricultural commodities, which includes
            fertilizer.\351\
    ---------------------------------------------------------------------------
        \351\ Sec. 2(b) of the Agriculture Export Relief Act of 1998
    (Public Law 105-194; 112 Stat. 627) struck out the period at the end of
    subpara. (F) and inserted in lieu thereof ``, which includes
    fertilizer.''. Subsec. (e) of that section also provided the following:
        ``(e) Effect on Existing Sanctions.--Any sanction imposed under
    section 102(b)(1) of the Arms Export Control Act before the date of the
    enactment of this Act shall cease to apply upon that date with respect
    to the items described in the amendments made by subsections (b) and
    (c). In the case of the amendment made by subsection (a)(3), any
    sanction imposed under section 102(b)(1) of the Arms Export Control Act
    before the date of the enactment of this Act shall not be in effect
    during the period beginning on that date and ending on September 30,
    1999, with respect to the activities and items described in the
    amendment.''.
    ---------------------------------------------------------------------------
              (G) The authorities of section 6 of the Export
            Administration Act of 1979 shall be used to prohibit
            exports to that country of specific goods and
            technology (excluding food and other agricultural
            commodities), except that such prohibition shall not
            apply to any transaction subject to the reporting
            requirements of title V of the National Security Act of
            1947 (relating to congressional oversight of
            intelligence activities).
        (3) As used in this subsection--
              (A) the term ``design information'' means specific
            information that relates to the design of a nuclear
            explosive device and that is not available to the
            public; and
              (B) the term ``component'' means a specific component
            of a nuclear explosive device.
        (4)(A) Notwithstanding paragraph (1) of this subsection,
    the President may, for a period of not more than 30 days of
    continuous session, delay the imposition of sanctions which
    would otherwise be required under paragraph (1)(A) or (1)(B) of
    this subsection if the President first transmits to the Speaker
    of the House of Representatives, and to the chairman of the
    Committee on Foreign Relations of the Senate, a certification
    that he has determined that an immediate imposition of
    sanctions on that country would be detrimental to the national
    security of the United States. Not more than one such
    certification may be transmitted for a country with respect to
    the same detonation, transfer, or receipt of a nuclear
    explosive device.
        (B) If the President transmits a certification to the
    Congress under subparagraph (A), a joint resolution which would
    permit the President to exercise the waiver authority of
    paragraph (5) of this subsection shall, if introduced in either
    House within thirty days of continuous session after the
    Congress receives this certification, be considered in the
    Senate in accordance with subparagraph (C) of this paragraph.
        (C) Any joint resolution under this paragraph shall be
    considered in the Senate in accordance with the provisions of
    section 601(b) of the International Security Assistance and
    Arms Export Control Act of 1976.
        (D) For purposes of this paragraph, the term ``joint
    resolution'' means a joint resolution the matter after the
    resolving clause of which is as follows: ``That the Congress
    having received on ____ a certification by the President under
    section 102(b)(4) of the Arms Export Control Act with respect
    to ____, the Congress hereby authorizes the President to
    exercise the waiver authority contained in section 102(b)(5) of
    that Act.'', with the date of receipt of the certification
    inserted in the first blank and the name of the country
    inserted in the second blank.
        (5) Notwithstanding paragraph (1) of this subsection, if
    the Congress enacts a joint resolution under paragraph (4) of
    this subsection, the President may waive any sanction which
    would otherwise be required under paragraph (1)(A) or (1)(B) if
    he determines and certifies in writing to the Speaker of the
    House of Representatives and the Committee on Foreign Relations
    of the Senate that the imposition of such sanction would be
    seriously prejudicial to the achievement of United States
    nonproliferation objectives or otherwise jeopardize the common
    defense and security. The President shall transmit with such
    certification a statement setting forth the specific reasons
    therefor.
        (6)(A) In the event the President is required to impose
    sanctions against a country under paragraph (1)(C) or (1)(D),
    the President shall forthwith so inform such country and shall
    impose the required sanctions beginning 30 days after
    submitting to the Congress the report required by paragraph (1)
    unless, and to the extent that, there is enacted during the 30-
    day period a law prohibiting the imposition of such sanctions.
        (B) Notwithstanding any other provision of law, the
    sanctions which are required to be imposed against a country
    under paragraph (1)(C) or (1)(D) shall not apply if the
    President determines and certifies in writing to the Committee
    on Foreign Relations and the Committee on Governmental Affairs
    of the Senate and the Committee on Foreign Affairs \352\ of the
    House of Representatives that the application of such sanctions
    against such country would have a serious adverse effect on
    vital United States interests. The President shall transmit
    with such certification a statement setting forth the specific
    reasons therefor.
    ---------------------------------------------------------------------------
        \352\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
        (7) For purposes of this subsection, continuity of session
    is broken only by an adjournment of Congress sine die and the
    days on which either House is not in session because of an
    adjournment of more than three days to a day certain are
    excluded in the computation of any period of time in which
    Congress is in continuous session.
        (8) The President may not delegate or transfer his power,
    authority, or discretion to make or modify determinations under
    this subsection.
        (c) Non-Nuclear-Weapon State Defined.--As used in this
    section, the term ``non-nuclear-weapon state'' means any
    country which is not a nuclear-weapon state, as defined in
    Article IX(3) of the Treaty on the Non-Proliferation of Nuclear
    Weapons.

    SEC. 103.\345\, \353\ DEFINITION OF NUCLEAR EXPLOSIVE
                        DEVICE.

        As used in this chapter, the term ``nuclear explosive
    device'' has the meaning given that term in section 830(4) of
    the Nuclear Proliferation Prevention Act of 1994.
    ---------------------------------------------------------------------------
        \353\ 22 U.S.C. 2799aa-2.
              c. Assistance for International Malaria Control Act

    Partial text of Public Law 106-570 [S. 2943], 114 Stat. 3038, approved
                              on December 27, 2000

      AN ACT To authorize additional assistance for international malaria
                        control, 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 ``Assistance for International
    Malaria Control Act''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

    SEC. 2. TABLE OF CONTENTS.

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

             TITLE I--ASSISTANCE FOR INTERNATIONAL MALARIA CONTROL

    SEC. 101.\2\ SHORT TITLE.

        This title may be cited as the ``International Malaria
    Control Act of 2000''.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

    SEC. 102.\3\ FINDINGS.

        Congress makes the following findings:
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2151b-1 note.
    ---------------------------------------------------------------------------
              (1) The World Health Organization estimates that
            there are 300,000,000 to 500,000,000 cases of malaria
            each year.
              (2) According to the World Health Organization, more
            than 1,000,000 persons are estimated to die due to
            malaria each year.
              (3) According to the National Institutes of Health,
            about 40 percent of the world's population is at risk
            of becoming infected.
              (4) About half of those who die each year from
            malaria are children under 9 years of age.
              (5) Malaria kills one child each 30 seconds.
              (6) Although malaria is a public health problem in
            more than 90 countries, more than 90 percent of all
            malaria cases are in sub-Saharan Africa.
              (7) In addition to Africa, large areas of Central and
            South America, Haiti and the Dominican Republic, the
            Indian subcontinent, Southeast Asia, and the Middle
            East are high risk malaria areas.
              (8) These high risk areas represent many of the
            world's poorest nations.
              (9) Malaria is particularly dangerous during
            pregnancy. The disease causes severe anemia and is a
            major factor contributing to maternal deaths in malaria
            endemic regions.
              (10) ``Airport malaria'', the importing of malaria by
            international aircraft and other conveyances, is
            becoming more common, and the United Kingdom reported
            2,364 cases of malaria in 1997, all of them imported by
            travelers.
              (11) In the United States, of the 1,400 cases of
            malaria reported to the Centers for Disease Control and
            Prevention in 1998, the vast majority were imported.
              (12) Between 1970 and 1997, the malaria infection
            rate in the United States increased by about 40
            percent.
              (13) Malaria is caused by a single-cell parasite that
            is spread to humans by mosquitoes.
              (14) No vaccine is available and treatment is
            hampered by development of drug-resistant parasites and
            insecticide-resistant mosquitoes.

    SEC. 103.\4\ ASSISTANCE FOR MALARIA PREVENTION, TREATMENT, CONTROL, AND
                        ELIMINATION.

        (a) Assistance.--
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 2151b-1.
    ---------------------------------------------------------------------------
              (1) In general.--The Administrator of the United
            States Agency for International Development, in
            coordination with the heads of other appropriate
            Federal agencies and nongovernmental organizations,
            shall provide assistance for the establishment and
            conduct of activities designed to prevent, treat,
            control, and eliminate malaria in countries with a high
            percentage of malaria cases.
              (2) Consideration of interaction among epidemics.--In
            providing assistance pursuant to paragraph (1), the
            Administrator should consider the interaction among the
            epidemics of HIV/AIDS, malaria, and tuberculosis.
              (3) Dissemination of information requirement.--
            Activities referred to in paragraph (1) shall include
            the dissemination of information relating to the
            development of vaccines and therapeutic agents for the
            prevention of malaria (including information relating
            to participation in, and the results of, clinical
            trials for such vaccines and agents conducted by United
            States Government agencies) to appropriate officials in
            such countries.
        (b) Authorization of Appropriations.--
              (1) In general.--There are authorized to be
            appropriated to carry out subsection (a) $50,000,000
            for each of the fiscal years 2001 and 2002.
              (2) Availability.--Amounts appropriated pursuant to
            the authorization of appropriations under paragraph (1)
            are authorized to remain available until expended.

        TITLE II--POLICY OF THE UNITED STATES WITH RESPECT TO MACAU \5\

              * * * * * * *
    ---------------------------------------------------------------------------
        \5\ For text of the ``United States-Macau Policy Act of 2000'', see
    Legislation on Foreign Relations Through 2000, vol. II.
    ---------------------------------------------------------------------------

           TITLE III--UNITED STATES-CANADA ALASKA RAIL COMMISSION \6\

              * * * * * * *
    ---------------------------------------------------------------------------
        \6\ Title III authorizes the President to pursue an international
    agreement with Canada to establish an independent joint commission with
    the goal of linking Alaska to a continental rail system. See 49 U.S.C.
    note prec. 28101.
    ---------------------------------------------------------------------------

              TITLE IV--PACIFIC CHARTER COMMISSION ACT OF 2000 \7\

              * * * * * * *
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 2656 note. Title IV authorizes the President to
    establish a commission to pursue a ``consistent and coordinated foreign
    policy * * * to ensure economic and military security in the Asia-
    Pacific region''. For text, see Legislation on Foreign Relations
    Through 2000, vol. II.
    ---------------------------------------------------------------------------

                       TITLE V--MISCELLANEOUS PROVISIONS

    SEC. 501.\8\ ASSISTANCE EFFORTS IN SUDAN.

        (a) Additional Authorities.--Notwithstanding any other
    provision of law, the President is authorized to undertake
    appropriate programs using Federal agencies, contractual
    arrangements, or direct support of indigenous groups, agencies,
    or organizations in areas outside of control of the Government
    of Sudan in an effort to provide emergency relief, promote
    economic self-sufficiency, build civil authority, provide
    education, enhance rule of law and the development of judicial
    and legal frameworks, support people-to-people reconciliation
    efforts, or implement any program in support of any viable
    peace agreement at the local, regional, or national level in
    Sudan.
    ---------------------------------------------------------------------------
        \8\ 50 U.S.C. 1701 note.
    ---------------------------------------------------------------------------
        (b) Exception to Export Prohibitions.--Notwithstanding any
    other provision of law, the prohibitions set forth with respect
    to Sudan in Executive Order No. 13067 of November 3, 1997 (62
    Fed. Register 59989) \9\ shall not apply to any export from an
    area in Sudan outside of control of the Government of Sudan, or
    to any necessary transaction directly related to that export,
    if the President determines that the export or related
    transaction, as the case may be, would directly benefit the
    economic development of that area and its people.
    ---------------------------------------------------------------------------
        \9\ For text, see Legislation on Foreign Relations Through 2000,
    vol. III.
    ---------------------------------------------------------------------------

    SEC. 502. AUTHORITY TO PROVIDE TOWING ASSISTANCE.

        (a) Findings.--Congress makes the following findings:
              (1) The United States LST Association (in this
            section referred to as the ``Association'') is a
            patriotic organization dedicated to honoring the
            memories of those brave American servicemen who
            selflessly served, and often made the ultimate
            sacrifice, in the defense of the United States, its
            allies, and the principles of democracy and freedom.
              (2) The Association is currently engaged in efforts
            to return to the United States the former United States
            warship, Landing Ship Tank 325 (LST 325) to serve as a
            memorial to those American servicemen who went into
            harm's way aboard and from such warships.
        (b) Authorization.--The Secretary of the Navy is authorized
    to provide towing services from a suitable vessel of the United
    States Navy to tow the former LST 325 from its present
    location, or a location to be determined by the Secretary, to a
    port on the East Coast of the United States to be determined by
    the Secretary. The Secretary of the Navy may not provide such
    services unless the Secretary finds that the provision of such
    services will not interfere with military operations, military
    readiness, naval force presence requirements, or the
    accomplishment of the specific missions of the vessel providing
    the towing services.
        (c) Limitations.--The services authorized by subsection (b)
    may not be provided except as part of a regular rotation of the
    vessel providing the services back to the United States. Such
    services may be provided only after--
              (1) the former LST 325 has been determined by a
            professional marine survey or by the United States
            Coast Guard to be seaworthy for towing and meeting
            requirements for entry into a United States port; and
              (2) the Association has named the United States Navy
            as an additional insured party to the tow hull policy
            covering the former LST 325, including a waiver of
            subrogation.
        (d) Additional Terms and Conditions.--The Secretary of the
    Navy may require such additional terms and conditions in
    connection with the provision of towing services under this
    section as the Secretary considers appropriate to protect the
    interests of the United States.

    SEC. 503. SENSE OF CONGRESS ON THE AMERICAN UNIVERSITY IN BULGARIA.

        (a) Findings.--Congress finds that the American University
    in Bulgaria--
              (1) is a fine educational institution that has
            received generous and well-deserved financial
            assistance from the United States Government;
              (2) has a successful track record and is educating a
            generation of leaders who will shape and determine the
            future of their own societies;
              (3) has instilled in students in the Balkan region of
            Europe the intellectual rigor of the American system of
            higher education;
              (4) promotes the study and understanding of
            democratic governance principles;
              (5) maintains entrance and academic standards that
            are exemplary and has a commitment to providing
            educational opportunities that is based upon merit
            rather than solely on the ability of students to bear
            the entire cost of their education; and
              (6) is a cost-effective institution of higher
            learning and offers a high-quality education.
        (b) Sense of Congress.--It is the sense of Congress that
    the United States should assist the American University in
    Bulgaria to become a self-sustaining institution of higher
    education in the Balkan region of Europe.

        TITLE VI--PAUL D. COVERDELL WORLD WISE SCHOOLS ACT OF 2000 \10\

              * * * * * * *
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 2517 note. For text of title VI, see Legislation on
    Foreign Relations Through 2000, vol. I-B.
    d. Microenterprise for Self-Reliance and International Anti-Corruption
                                  Act of 2000

        Partial text of Public Law 106-309 [H.R. 1143], 114 Stat. 1078,
                           approved October 17, 2000

      AN ACT To establish a program to provide assistance for programs of
    credit and other financial services for microenterprises in developing
                       countries, and for other purposes.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Microenterprise for Self-
    Reliance and International Anti-Corruption Act of 2000''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

    SEC. 2. TABLE OF CONTENTS.

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

             TITLE I--MICROENTERPRISE FOR SELF-RELIANCE ACT OF 2000

    SEC. 101.\2\ SHORT TITLE.

        This title may be cited as the ``Microenterprise for Self-
    Reliance Act of 2000''.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

    SEC. 102.\3\ FINDINGS AND DECLARATIONS OF POLICY.

        Congress makes the following findings and declarations:
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2151f note.
    ---------------------------------------------------------------------------
              (1) According to the World Bank, more than
            1,200,000,000 people in the developing world, or one-
            fifth of the world's population, subsist on less than
            $1 a day.
              (2) Over 32,000 of their children die each day from
            largely preventable malnutrition and disease.
              (3)(A) Women in poverty generally have larger work
            loads and less access to educational and economic
            opportunities than their male counterparts.
              (B) Directly aiding the poorest of the poor,
            especially women, in the developing world has a
            positive effect not only on family incomes, but also on
            child nutrition, health and education, as women in
            particular reinvest income in their families.
              (4)(A) The poor in the developing world, particularly
            women, generally lack stable employment and social
            safety nets.
              (B) Many turn to self-employment to generate a
            substantial portion of their livelihood. In Africa,
            over 80 percent of employment is generated in the
            informal sector of the self-employed poor.
              (C) These poor entrepreneurs are often trapped in
            poverty because they cannot obtain credit at reasonable
            rates to build their asset base or expand their
            otherwise viable self-employment activities.
              (D) Many of the poor are forced to pay interest rates
            as high as 10 percent per day to money lenders.
              (5)(A) The poor are able to expand their incomes and
            their businesses dramatically when they can access
            loans at reasonable interest rates.
              (B) Through the development of self-sustaining
            microfinance programs, poor people themselves can lead
            the fight against hunger and poverty.
              (6)(A) On February 2-4, 1997, a global Microcredit
            Summit was held in Washington, District of Columbia, to
            launch a plan to expand access to credit for self-
            employment and other financial and business services to
            100,000,000 of the world's poorest families, especially
            the women of those families, by 2005. While this scale
            of outreach may not be achievable in this short time-
            period, the realization of this goal could dramatically
            alter the face of global poverty.
              (B) With an average family size of five, achieving
            this goal will mean that the benefits of microfinance
            will thereby reach nearly half of the world's more than
            1,000,000,000 absolute poor people.
              (7)(A) Nongovernmental organizations, such as those
            that comprise the Microenterprise Coalition (such as
            the Grameen Bank (Bangladesh), K-REP (Kenya), and
            networks such as Accion International, the Foundation
            for International Community Assistance (FINCA), and the
            credit union movement) are successful in lending
            directly to the very poor.
              (B) Microfinance institutions such as BRAC
            (Bangladesh), BancoSol (Bolivia), SEWA Bank (India),
            and ACEP (Senegal) are regulated financial institutions
            that can raise funds directly from the local and
            international capital markets.
              (8)(A) Microenterprise institutions not only reduce
            poverty, but also reduce the dependency on foreign
            assistance.
              (B) Interest income on the credit portfolio is used
            to pay recurring institutional costs, assuring the
            long-term sustainability of development assistance.
              (9) Microfinance institutions leverage foreign
            assistance resources because loans are recycled,
            generating new benefits to program participants.
              (10)(A) The development of sustainable microfinance
            institutions that provide credit and training, and
            mobilize domestic savings, is a critical component to a
            global strategy of poverty reduction and broad-based
            economic development.
              (B) In the efforts of the United States to lead the
            development of a new global financial architecture,
            microenterprise should play a vital role. The recent
            shocks to international financial markets demonstrate
            how the financial sector can shape the destiny of
            nations. Microfinance can serve as a powerful tool for
            building a more inclusive financial sector which serves
            the broad majority of the world's population including
            the very poor and women and thus generate more social
            stability and prosperity.
              (C) Over the last two decades, the United States has
            been a global leader in promoting the global
            microenterprise sector, primarily through its
            development assistance programs at the United States
            Agency for International Development. Additionally, the
            Department of the Treasury and the Department of State
            have used their authority to promote microenterprise in
            the development programs of international financial
            institutions and the United Nations.
              (11)(A) In 1994, the United States Agency for
            International Development launched the
            ``Microenterprise Initiative'' in partnership with the
            Congress.
              (B) The initiative committed to expanding funding for
            the microenterprise programs of the Agency, and set a
            goal that, by the end of fiscal year 1996, one-half of
            all microenterprise resources would support programs
            and institutions that provide credit to the poorest,
            with loans under $300.
              (C) In order to achieve the goal of the microcredit
            summit, increased investment in microfinance
            institutions serving the poorest will be critical.
              (12) Providing the United States share of the global
            investment needed to achieve the goal of the
            microcredit summit will require only a small increase
            in United States funding for international microcredit
            programs, with an increased focus on institutions
            serving the poorest.
              (13)(A) In order to reach tens of millions of the
            poorest with microcredit, it is crucial to expand and
            replicate successful microfinance institutions.
              (B) These institutions need assistance in developing
            their institutional capacity to expand their services
            and tap commercial sources of capital.
              (14) Nongovernmental organizations have demonstrated
            competence in developing networks of local microfinance
            institutions and other assistance delivery mechanisms
            so that they reach large numbers of the very poor, and
            achieve financial sustainability.
              (15) Recognizing that the United States Agency for
            International Development has developed very effective
            partnerships with nongovernmental organizations, and
            that the Agency will have fewer missions overseas to
            carry out its work, the Agency should place priority on
            investing in those nongovernmental network institutions
            that meet performance criteria through the central
            funding mechanisms of the Agency.
              (16) By expanding and replicating successful
            microfinance institutions, it should be possible to
            create a global infrastructure to provide financial
            services to the world's poorest families.
              (17)(A) The United States can provide leadership to
            other bilateral and multilateral development agencies
            as such agencies expand their support to the
            microenterprise sector.
              (B) The United States should seek to improve
            coordination among G-7 countries in the support of the
            microenterprise sector in order to leverage the
            investment of the United States with that of other
            donor nations.
              (18) Through increased support for microenterprise,
            especially credit for the poorest, the United States
            can continue to play a leadership role in the global
            effort to expand financial services and opportunity to
            100,000,000 of the poorest families on the planet.

    SEC. 103.\3\ PURPOSES.

        The purposes of this title are--
              (1) to make microenterprise development an important
            element of United States foreign economic policy and
            assistance;
              (2) to provide for the continuation and expansion of
            the commitment of the United States Agency for
            International Development to the development of
            microenterprise institutions as outlined in its 1994
            Microenterprise Initiative;
              (3) to support and develop the capacity of United
            States and indigenous nongovernmental organization
            intermediaries to provide credit, savings, training,
            technical assistance, and business development services
            to microentrepreneurs;
              (4) to emphasize financial services and substantially
            increase the amount of assistance devoted to both
            financial services and complementary business
            development services designed to reach the poorest
            people in developing countries, particularly women; and
              (5) to encourage the United States Agency for
            International Development to coordinate microfinance
            policy, in consultation with the Department of the
            Treasury and the Department of State, and to provide
            global leadership among bilateral and multilateral
            donors in promoting microenterprise for the poorest of
            the poor.

    SEC. 104.\3\ DEFINITIONS.

        In this title:
              (1) Business development services.--The term
            ``business development services'' means support for the
            growth of microenterprises through training, technical
            assistance, marketing assistance, improved production
            technologies, and other services.
              (2) Microenterprise institution.--The term
            ``microenterprise institution'' means an institution
            that provides services, including microfinance,
            training, or business development services, for
            microentrepreneurs.
              (3) Microfinance institution.--The term
            ``microfinance institution'' means an institution that
            directly provides, or works to expand, the availability
            of credit, savings, and other financial services to
            microentrepreneurs.
              (4) Practitioner institution.--The term
            ``practitioner institution'' means any institution that
            provides services, including microfinance, training, or
            business development services, for microentrepreneurs,
            or provides assistance to microenterprise institutions.

    SEC. 105. MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE.

        Chapter 1 of part I of the Foreign Assistance Act of 1961
    (22 U.S.C. 2151 et seq.) is amended by adding at the end the
    following new section: * * * \4\
    ---------------------------------------------------------------------------
        \4\ Sec. 105 added a new sec. 131 to the Foreign Assistance Act of
    1961 (at 22 U.S.C. 2152a), authorizing microenterprise development
    grant assistance.
    ---------------------------------------------------------------------------

    SEC. 106. MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS.

        Section 108 of the Foreign Assistance Act of 1961 (22
    U.S.C. 2151f) is amended to read as follows: * * * \5\
    ---------------------------------------------------------------------------
        \5\ Sec. 106 amended and restated sec. 108 of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2151f) to pertain to micro- and small
    enterprise development credits.
    ---------------------------------------------------------------------------

    SEC. 107. UNITED STATES MICROFINANCE LOAN FACILITY.

        (a) In General.--Chapter 1 of part I of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2151 et seq.), as amended by
    section 105 of this Act, is further amended by adding at the
    end the following new section: * * * \6\
    ---------------------------------------------------------------------------
        \6\ Sec. 107(a) added a new sec. 132 to the Foreign Assistance Act
    of 1961 (22 U.S.C. 2152b), establishing the U.S. Microfinance Loan
    Facility.
    ---------------------------------------------------------------------------
        (b) \7\ Report.--Not later than 120 days after the date of
    the enactment of this Act, the Administrator of the United
    States Agency for International Development shall submit to the
    Committee on Foreign Relations of the Senate and the Committee
    on International Relations of the House of Representatives a
    report on the policies, rules, and regulations of the United
    States Microfinance Loan Facility established under section 132
    of the Foreign Assistance Act of 1961, as added by subsection
    (a).
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 2152b note.
    ---------------------------------------------------------------------------

    SEC. 108. REPORT RELATING TO FUTURE DEVELOPMENT OF MICROENTERPRISE
                        INSTITUTIONS.

        (a) 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 on the most cost-
    effective methods and measurements for increasing the access of
    poor people overseas to credit, other financial services, and
    related training.
        (b) Contents.--The report described in subsection (a)--
              (1) shall include how the President, in consultation
            with the Administrator of the United States Agency for
            International Development, the Secretary of State, and
            the Secretary of the Treasury, will develop a
            comprehensive strategy for advancing the global
            microenterprise sector in a way that maintains market
            principles while ensuring that the very poor overseas,
            particularly women, obtain access to financial services
            overseas;
              (2) shall provide guidelines and recommendations
            for--
                      (A) instruments to assist microenterprise
                    networks to develop multi-country and regional
                    microlending programs;
                      (B) technical assistance to foreign
                    governments, foreign central banks, and
                    regulatory entities to improve the policy
                    environment for microfinance institutions, and
                    to strengthen the capacity of supervisory
                    bodies to supervise microfinance institutions;
                      (C) the potential for Federal chartering of
                    United States-based international microfinance
                    network institutions, including proposed
                    legislation;
                      (D) instruments to increase investor
                    confidence in microfinance institutions which
                    would strengthen the long-term financial
                    position of the microfinance institutions and
                    attract capital from private sector entities
                    and individuals, such as a rating system for
                    microfinance institutions and local credit
                    bureaus;
                      (E) an agenda for integrating microfinance
                    into United States foreign policy initiatives
                    seeking to develop and strengthen the global
                    finance sector; and
                      (F) innovative instruments to attract funds
                    from the capital markets, such as instruments
                    for leveraging funds from the local commercial
                    banking sector, and the securitization of
                    microloan portfolios; and
              (3) shall include a section that assesses the need
            for a microenterprise accelerated growth fund and that
            includes--
                      (A) a description of the benefits of such a
                    fund;
                      (B) an identification of which
                    microenterprise institutions might become
                    eligible for assistance from such fund;
                      (C) a description of how such a fund could be
                    administered;
                      (D) a recommendation on which agency or
                    agencies of the United States Government should
                    administer the fund and within which such
                    agency the fund should be located; and
                      (E) a recommendation on how soon it might be
                    necessary to establish such a fund in order to
                    provide the support necessary for
                    microenterprise institutions involved in
                    microenterprise development.
        (c) Appropriate Congressional Committees Defined.--In this
    section, the term ``appropriate congressional committees''
    means the Committee on International Relations of the House of
    Representatives and the Committee on Foreign Relations of the
    Senate.

    SEC. 109. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT AS GLOBAL
                        LEADER AND COORDINATOR OF BILATERAL AND
                        MULTILATERAL MICROENTERPRISE ASSISTANCE ACTIVITIES.

        (a) Findings and Policy.--Congress finds and declares
    that--
              (1) the United States can provide leadership to other
            bilateral and multilateral development agencies as such
            agencies expand their support to the microenterprise
            sector; and
              (2) the United States should seek to improve
            coordination among G-7 countries in the support of the
            microenterprise sector in order to leverage the
            investment of the United States with that of other
            donor nations.
        (b) Sense of the Congress.--It is the sense of the Congress
    that--
              (1) the Administrator of the United States Agency for
            International Development and the Secretary of State
            should seek to support and strengthen the effectiveness
            of microfinance activities in United Nations agencies,
            such as the United Nations Development Program (UNDP),
            which have provided key leadership in developing the
            microenterprise sector; and
              (2) the Secretary of the Treasury should instruct
            each United States Executive Director of the
            multilateral development banks (MDBs) to advocate the
            development of a coherent and coordinated strategy to
            support the microenterprise sector and an increase of
            multilateral resource flows for the purposes of
            building microenterprise retail and wholesale
            intermediaries.

    SEC. 110. SENSE OF THE CONGRESS ON CONSIDERATION OF MEXICO AS A KEY
                        PRIORITY IN MICROENTERPRISE FUNDING ALLOCATIONS.

        (a) Findings.--Congress makes the following findings:
              (1) An estimated 45,000,000 of Mexico's 100,000,000
            population currently lives below the poverty line,
            accounting for 20 percent of all poor in Latin America.
              (2) Mexico cannot create enough salaried jobs to
            absorb new workers entering the labor force.
              (3) While many poor families depend on
            microenterprise initiatives to generate a livelihood,
            the United States Agency for International Development
            currently has two microcredit projects in Mexico,
            receiving less than 1 percent of overall
            microenterprise funding in Latin America and the
            Caribbean during the last decade.
              (4) Mexico's microenterprise activity has been
            constrained because its financial institutions cannot
            expand financial services to a larger clientele due to
            a lack of capital, inefficient financial and
            administrative management, and a lack of institutional
            support for microfinance institutions' particular
            needs.
              (5) Mexican nongovernmental organizations, such as
            Compartamos, have demonstrated competence in developing
            local microfinance programs.
              (6) On July 2, 2000, Vicente Fox Quesada of the
            Alliance for Change was elected President of the United
            Mexican States.
              (7) The President-elect of Mexico has identified
            entrepreneurship and the start-up of new microcredit
            institutions as key economic priorities.
              (8) Microenterprise and entrepreneurial initiatives
            have proven to be successful components of free market
            development and economic stability.
        (b) Sense of the Congress.--It is the sense of the Congress
    that--
              (1) providing Mexico's poor with economic opportunity
            and microfinance services is fundamental to Mexico's
            economic development;
              (2) microenterprise can have a positive impact on
            Mexico's free market development; and
              (3) the United States Agency for International
            Development should consider Mexico as a key priority in
            its microenterprise funding allocations.

    TITLE II--INTERNATIONAL ANTI-CORRUPTION AND GOOD GOVERNANCE ACT OF 2000

    SEC. 201.\8\ SHORT TITLE.

        This title may be cited as the ``International Anti-
    Corruption and Good Governance Act of 2000''.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

    SEC. 202.\9\ FINDINGS AND PURPOSE.

        (a) Findings.--Congress finds the following:
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 2151c note.
    ---------------------------------------------------------------------------
              (1) Widespread corruption endangers the stability and
            security of societies, undermines democracy, and
            jeopardizes the social, political, and economic
            development of a society.
              (2) Corruption facilitates criminal activities, such
            as money laundering, hinders economic development,
            inflates the costs of doing business, and undermines
            the legitimacy of the government and public trust.
              (3) In January 1997 the United Nations General
            Assembly adopted a resolution urging member states to
            carefully consider the problems posed by the
            international aspects of corrupt practices and to study
            appropriate legislative and regulatory measures to
            ensure the transparency and integrity of financial
            systems.
              (4) The United States was the first country to
            criminalize international bribery through the enactment
            of the Foreign Corrupt Practices Act of 1977 and United
            States leadership was instrumental in the passage of
            the Organization for Economic Cooperation and
            Development (OECD) Convention on Combatting Bribery of
            Foreign Public Officials in International Business
            Transactions.
              (5) The Vice President, at the Global Forum on
            Fighting Corruption in 1999, declared corruption to be
            a direct threat to the rule of law and the Secretary of
            State declared corruption to be a matter of profound
            political and social consequence for our efforts to
            strengthen democratic governments.
              (6) The Secretary of State, at the Inter-American
            Development Bank's annual meeting in March 2000,
            declared that despite certain economic achievements,
            democracy is being threatened as citizens grow weary of
            the corruption and favoritism of their official
            institutions and that efforts must be made to improve
            governance if respect for democratic institutions is to
            be regained.
              (7) In May 1996 the Organization of American States
            (OAS) adopted the Inter-American Convention Against
            Corruption requiring countries to provide various forms
            of international cooperation and assistance to
            facilitate the prevention, investigation, and
            prosecution of acts of corruption.
              (8) Independent media, committed to fighting
            corruption and trained in investigative journalism
            techniques, can both educate the public on the costs of
            corruption and act as a deterrent against corrupt
            officials.
              (9) Competent and independent judiciary, founded on a
            merit-based selection process and trained to enforce
            contracts and protect property rights, is critical for
            creating a predictable and consistent environment for
            transparency in legal procedures.
              (10) Independent and accountable legislatures,
            responsive political parties, and transparent electoral
            processes, in conjunction with professional,
            accountable, and transparent financial management and
            procurement policies and procedures, are essential to
            the promotion of good governance and to the combat of
            corruption.
              (11) Transparent business frameworks, including
            modern commercial codes and intellectual property
            rights, are vital to enhancing economic growth and
            decreasing corruption at all levels of society.
              (12) The United States should attempt to improve
            accountability in foreign countries, including by--
                      (A) promoting transparency and accountability
                    through support for independent media,
                    promoting financial disclosure by public
                    officials, political parties, and candidates
                    for public office, open budgeting processes,
                    adequate and effective internal control
                    systems, suitable financial management systems,
                    and financial and compliance reporting;
                      (B) supporting the establishment of audit
                    offices, inspectors general offices, third
                    party monitoring of government procurement
                    processes, and anti-corruption agencies;
                      (C) promoting responsive, transparent, and
                    accountable legislatures that ensure
                    legislative oversight and whistle-blower
                    protection;
                      (D) promoting judicial reforms that
                    criminalize corruption and promoting law
                    enforcement that prosecutes corruption;
                      (E) fostering business practices that promote
                    transparent, ethical, and competitive behavior
                    in the private sector through the development
                    of an effective legal framework for commerce,
                    including anti-bribery laws, commercial codes
                    that incorporate international standards for
                    business practices, and protection of
                    intellectual property rights; and
                      (F) promoting free and fair national, state,
                    and local elections.
        (b) Purpose.--The purpose of this title is to ensure that
    United States assistance programs promote good governance by
    assisting other countries to combat corruption throughout
    society and to improve transparency and accountability at all
    levels of government and throughout the private sector.

    SEC. 203. DEVELOPMENT ASSISTANCE POLICY.

        (a) General Policy.--Section 101(a) of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2151(a)) is amended in the
    fifth sentence-- * * * \10\
        (b) Development Assistance Policy.--Section 102(b) of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2151-1(b)) is
    amended-- * * * \10\
    ---------------------------------------------------------------------------
        \10\ See the Foreign Assistance Act of 1961, as amended, beginning
    at page 15.
    ---------------------------------------------------------------------------

    SEC. 204. DEPARTMENT OF THE TREASURY TECHNICAL ASSISTANCE PROGRAM FOR
                        DEVELOPING COUNTRIES.

        Section 129(b) of the Foreign Assistance Act of 1961 (22
    U.S.C. 2151aa(b)) is amended by adding at the end the
    following: * * * \11\
    ---------------------------------------------------------------------------
        \11\ For amended text, see page 69.
    ---------------------------------------------------------------------------

    SEC. 205. AUTHORIZATION OF GOOD GOVERNANCE PROGRAMS.

        (a) In General.--Chapter 1 of part I of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2151 et seq.), as amended by
    sections 105 and 107, is further amended by adding at the end
    the following: * * * \12\
    ---------------------------------------------------------------------------
        \12\ Sec. 205(a) added a new sec. 133 to the Foreign Assistance Act
    of 1961 (22 U.S.C. 2152c), establishing programs ``to encourage good
    governance''.
    ---------------------------------------------------------------------------
        (b) \13\ Deadline for Initial Report.--The initial annual
    report required by section 133(d)(1) of the Foreign Assistance
    Act of 1961, as added by subsection (a), shall be transmitted
    not later than 180 days after the date of the enactment of this
    Act.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 2152c note.
    ---------------------------------------------------------------------------

         TITLE III--INTERNATIONAL ACADEMIC OPPORTUNITY ACT OF 2000 \14\

              * * * * * * *
    ---------------------------------------------------------------------------
        \14\ For text of title III, see Legislation on Foreign Relations
    Through 2000, vol. II.
    ---------------------------------------------------------------------------

                       TITLE IV--MISCELLANEOUS PROVISIONS

    SEC. 401.\15\ SUPPORT FOR OVERSEAS COOPERATIVE DEVELOPMENT ACT.

        (a) Short Title.--This section may be cited as the
    ``Support for Overseas Cooperative Development Act''.
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------
        (b) \16\ Findings.--The Congress makes the following
    findings:
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 2151i note.
    ---------------------------------------------------------------------------
              (1) It is in the mutual economic interest of the
            United States and peoples in developing and
            transitional countries to promote cooperatives and
            credit unions.
              (2) Self-help institutions, including cooperatives
            and credit unions, provide enhanced opportunities for
            people to participate directly in democratic decision-
            making for their economic and social benefit through
            ownership and control of business enterprises and
            through the mobilization of local capital and savings
            and such organizations should be fully utilized in
            fostering free market principles and the adoption of
            self-help approaches to development.
              (3) The United States seeks to encourage broad-based
            economic and social development by creating and
            supporting--
                      (A) agricultural cooperatives that provide a
                    means to lift low income farmers and rural
                    people out of poverty and to better integrate
                    them into national economies;
                      (B) credit union networks that serve people
                    of limited means through safe savings and by
                    extending credit to families and
                    microenterprises;
                      (C) electric and telephone cooperatives that
                    provide rural customers with power and
                    telecommunications services essential to
                    economic development;
                      (D) housing and community-based cooperatives
                    that provide low income shelter and work
                    opportunities for the urban poor; and
                      (E) mutual and cooperative insurance
                    companies that provide risk protection for life
                    and property to under-served populations often
                    through group policies.
        (c) General Provisions.--
              (1) \16\ Declarations of policy.--The Congress
            supports the development and expansion of economic
            assistance programs that fully utilize cooperatives and
            credit unions, particularly those programs committed
            to--
                      (A) international cooperative principles,
                    democratic governance and involvement of women
                    and ethnic minorities for economic and social
                    development;
                      (B) self-help mobilization of member savings
                    and equity and retention of profits in the
                    community, except for those programs that are
                    dependent on donor financing;
                      (C) market-oriented and value-added
                    activities with the potential to reach large
                    numbers of low income people and help them
                    enter into the mainstream economy;
                      (D) strengthening the participation of rural
                    and urban poor to contribute to their country's
                    economic development; and
                      (E) utilization of technical assistance and
                    training to better serve the member-owners.
              (2) Development priorities.--Section 111 of the
            Foreign Assistance Act of 1961 (22 U.S.C. 2151i) is
            amended by adding at the end the following: * * * \17\
    ---------------------------------------------------------------------------
        \17\ For text, see page 47.
    ---------------------------------------------------------------------------
        (d) \16\ Report.--Not later than 6 months after the date of
    the enactment of this Act, the Administrator of the United
    States Agency for International Development, in consultation
    with the heads of other appropriate agencies, shall prepare and
    submit to Congress a report on the implementation of section
    111 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151i), as
    amended by subsection (c).

    SEC. 402. FUNDING OF CERTAIN ENVIRONMENTAL ASSISTANCE ACTIVITIES OF
                        USAID.

        (a) Allocation of Funds for Certain Environmental
    Activities.--Of the amounts authorized to be appropriated for
    the fiscal year 2001 to carry out chapter 1 of part I of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.;
    relating to development assistance), there is authorized to be
    available at least $60,200,000 to carry out activities of the
    type carried out by the Global Environment Center of the United
    States Agency for International Development during fiscal year
    2000.
        (b) Allocation for Water and Coastal Resources.--Of the
    amounts made available under subsection (a), at least
    $2,500,000 shall be available for water and coastal resources
    activities under the natural resources management function
    specified in that subsection.

    SEC. 403.\18\ PROCESSING OF APPLICATIONS FOR TRANSPORTATION OF
                        HUMANITARIAN ASSISTANCE ABROAD BY THE DEPARTMENT OF
                        DEFENSE.

        (a) Priority for Disaster Relief Assistance.--In processing
    applications for the transportation of humanitarian assistance
    abroad under section 402 of title 10, United States Code, the
    Administrator of the United States Agency for International
    Development shall afford a priority to applications for the
    transportation of disaster relief assistance.
    ---------------------------------------------------------------------------
        \18\ 10 U.S.C. 402 note.
    ---------------------------------------------------------------------------
        (b) Modification of Applications.--The Administrator of the
    United States Agency for International Development shall take
    all possible actions to assist applicants for the
    transportation of humanitarian assistance abroad under such
    section 402 in modifying or completing applications submitted
    under such section in order to meet applicable requirements
    under such section. The actions shall include efforts to
    contact such applicants for purposes of the modification or
    completion of such applications.

    SEC. 404. WORKING CAPITAL FUND.

        Section 635 of the Foreign Assistance Act of 1961 (22
    U.S.C. 2395) is amended by adding at the end the following new
    subsection: * * * \19\
    ---------------------------------------------------------------------------
        \19\ For text, see page 318.
    ---------------------------------------------------------------------------

    SEC. 405. INCREASE IN AUTHORIZED NUMBER OF EMPLOYEES AND
                        REPRESENTATIVES OF THE UNITED STATES MISSION TO THE
                        UNITED NATIONS PROVIDED LIVING QUARTERS IN NEW
                        YORK.

        Section 9(2) of the United Nations Participation Act of
    1945 (22 U.S.C. 287e-1(2)) is amended by striking ``18'' and
    inserting ``30''.\20\
    ---------------------------------------------------------------------------
        \20\ See Legislation on Foreign Relations Through 2000, vol. II.
    ---------------------------------------------------------------------------

    SEC. 406. AVAILABILITY OF VOA AND RADIO MARTI MULTILINGUAL COMPUTER
                        READABLE TEXT AND VOICE RECORDINGS.

        Section 1(b) of Public Law 104-269 (110 Stat. 3300) is
    amended by striking ``5 years'' and inserting ``10 years''.

    SEC. 407.\21\ AVAILABILITY OF CERTAIN MATERIALS OF THE VOICE OF
                        AMERICA. * * *
    ---------------------------------------------------------------------------

        \21\ For text of sec. 407, see Legislation on Foreign Relations
    Through 2000, vol. II.
    ---------------------------------------------------------------------------

    SEC. 408.\22\ PAUL D. COVERDELL FELLOWS PROGRAM ACT OF 2000. * * *
    ---------------------------------------------------------------------------

        \22\ 22 U.S.C. 2517 note. For text of sec. 408, see Legislation on
    Foreign Relations Through 2000, vol. I-B.
    ---------------------------------------------------------------------------
        (a) Short Title.--This section may be cited as the ``Paul
    D. Coverdell Fellows Program Act of 2000''.
                       e. Security Assistance Act of 2000

    Partial text of Public Law 106-280 [H.R. 4919], 114 Stat. 845, approved
                                October 6, 2000

    AN ACT To amend the Foreign Assistance Act of 1961 and the Arms Export
       Control Act to make improvements to certain defense and security
     assistance provisions under those Acts, to authorize the transfer of
      naval vessels to certain foreign countries, and for other purposes.

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

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

        (a) Short Title.--This Act may be cited as the ``Security
    Assistance Act of 2000''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------
        (b) Table of Contents.--The table of contents for this Act
    is as follows:

                                                                       Page

    Sec. 1. Short title; table of contents...........................   497
    Sec. 2. Definition...............................................   498

                    TITLE I--MILITARY AND RELATED ASSISTANCE
          Subtitle A--Foreign Military Sales and Financing Authorities

    Sec. 101. Authorization of appropriations........................   498
    Sec. 102. Requirements relating to country exemptions for
      licensing of defense items for export to foreign countries.....   499

       Subtitle B--Stockpiling of Defense Articles for Foreign Countries

    Sec. 111. Additions to United States war reserve stockpiles for
      allies.........................................................   499
    Sec. 112. Transfer of certain obsolete or surplus defense
      articles in the war reserve stockpiles for allies to Israel....   499

                          Subtitle C--Other Assistance

    Sec. 121. Defense drawdown special authorities...................   500
    Sec. 122. Increased authority for the transport of excess defense
      articles.......................................................   500

            TITLE II--INTERNATIONAL MILITARY EDUCATION AND TRAINING

    Sec. 201. Authorization of appropriations........................   500
    Sec. 202. Additional requirements................................   500

           TITLE III--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE

    Sec. 301. Nonproliferation and export control assistance.........   501
    Sec. 302. Nonproliferation and export control training in the
      United States..................................................   501
    Sec. 303. Science and technology centers.........................   501
    Sec. 304. Trial transit program..................................   501
    Sec. 305. Exception to authority to conduct inspections under the
      Chemical Weapons Convention Implementation Act of 1998.........   502

                       TITLE IV--ANTITERRORISM ASSISTANCE

    Sec. 401. Authorization of appropriations........................   502

                TITLE V--INTEGRATED SECURITY ASSISTANCE PLANNING
      Subtitle A--Establishment of a National Security Assistance Strategy

    Sec. 501. National Security Assistance Strategy..................   502

                 Subtitle B--Allocations for Certain Countries

    Sec. 511. Security assistance for new NATO members...............   503
    Sec. 512. Increased training assistance for Greece and Turkey....   503
    Sec. 513. Assistance for Israel..................................   504
    Sec. 514. Assistance for Egypt...................................   505
    Sec. 515. Security assistance for certain countries..............   506
    Sec. 516. Border security and territorial independence...........   507

                      TITLE VI--TRANSFERS OF NAVAL VESSELS

    Sec. 601. Authority to transfer naval vessels to certain foreign
      countries......................................................   507
    Sec. 602. Inapplicability of aggregate annual limitation on value
      of transferred excess defense articles.........................   508
    Sec. 603. Costs of transfers.....................................   508
    Sec. 604. Conditions relating to combined lease-sale transfers...   508
    Sec. 605. Funding of certain costs of transfers..................   508
    Sec. 606. Repair and refurbishment in United States shipyards....   509
    Sec. 607. Sense of the Congress regarding transfer of naval
      vessels on a grant basis.......................................   509
    Sec. 608. Expiration of authority................................   509

                      TITLE VII--MISCELLANEOUS PROVISIONS

    Sec. 701. Utilization of defense articles and defense services...   509
    Sec. 702. Annual military assistance report......................   509
    Sec. 703. Report on government-to-government arms sales end-use
      monitoring program.............................................   509
    Sec. 704. MTCR report transmittals...............................   509
    Sec. 705. Stinger missiles in the Persian Gulf region............   510
    Sec. 706. Sense of the Congress regarding excess defense
      articles.......................................................   510
    Sec. 707. Excess defense articles for Mongolia...................   510
    Sec. 708. Space cooperation with Russian persons.................   510
    Sec. 709. Sense of the Congress relating to military equipment
      for the Philippines............................................   512
    Sec. 710. Waiver of certain costs................................   512

    SEC. 2.\2\ DEFINITION.

        In this Act, the term ``appropriate committees of
    Congress'' means the Committee on Foreign Relations of the
    Senate and the Committee on International Relations of the
    House of Representatives.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2305 note.
    ---------------------------------------------------------------------------

                    TITLE I--MILITARY AND RELATED ASSISTANCE

          Subtitle A--Foreign Military Sales and Financing Authorities

    SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated for grant
    assistance under section 23 of the Arms Export Control Act (22
    U.S.C. 2763) and for the subsidy cost, as defined in section
    502(5) of the Federal Credit Reform Act of 1990, of direct
    loans under such section $3,550,000,000 for fiscal year 2001
    and $3,627,000,000 for fiscal year 2002.

    SEC. 102. REQUIREMENTS RELATING TO COUNTRY EXEMPTIONS FOR LICENSING OF
                        DEFENSE ITEMS FOR EXPORT TO FOREIGN COUNTRIES.

        (a) Requirements of Exemption.--Section 38 of the Arms
    Export Control Act (22 U.S.C. 2778) is amended by adding at the
    end the following: * * * \3\
    ---------------------------------------------------------------------------
        \3\ For text of the Arms Export Control Act, as amended, see
    beginning at page 364.
    ---------------------------------------------------------------------------
        (b) Notification of Exemption.--Section 38(f) of the Arms
    Export Control Act (22 U.S.C. 2778(f)) is amended-- * * *
        (c) Exports of Commercial Communications Satellites.--
              (1) Amendment of the Arms Export Control Act.--
            Section 36(c)(2) of the Arms Export Control Act (22
            U.S.C. 2776(c)(2)) is amended-- * * *
              (2) Sense of the Congress.--It is the sense of the
            Congress that the appropriate committees of Congress
            and the appropriate agencies of the United States
            Government should review the commodity jurisdiction of
            United States commercial communications satellites.
        (d) Sense of the Congress on Submission to the Senate of
    Certain Agreements as Treaties.--It is the sense of the
    Congress that, prior to amending the International Traffic in
    Arms Regulations, the Secretary of State should consult with
    the appropriate committees of Congress for the purpose of
    determining whether certain agreements regarding defense trade
    with the United Kingdom and Australia should be submitted to
    the Senate as treaties.

       Subtitle B--Stockpiling of Defense Articles for Foreign Countries

    SEC. 111. ADDITIONS TO UNITED STATES WAR RESERVE STOCKPILES FOR ALLIES.

        Section 514(b)(2) of the Foreign Assistance Act of 1961 (22
    U.S.C. 2321h(b)(2)) is amended to read as follows:
        ``(2)(A) The value of such additions to stockpiles of
    defense articles in foreign countries shall not exceed
    $50,000,000 for fiscal year 2001.
        ``(B) Of the amount specified in subparagraph (A), not more
    than $50,000,000 may be made available for stockpiles in the
    Republic of Korea.''.

    SEC. 112. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS DEFENSE ARTICLES IN
                        THE WAR RESERVE STOCKPILES FOR ALLIES TO ISRAEL.

        (a) Transfers to Israel.--
              (1) Authority.--Notwithstanding section 514 of the
            Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the
            President is authorized to transfer to Israel, in
            return for concessions to be negotiated by the
            Secretary of Defense, with the concurrence of the
            Secretary of State, any or all of the items described
            in paragraph (2).
              (2) Items covered.--The items referred to in
            paragraph (1) are munitions, equipment, and material
            such as armor, artillery, automatic weapons ammunition,
            and missiles that--
                      (A) are obsolete or surplus items;
                      (B) are in the inventory of the Department of
                    Defense;
                      (C) are intended for use as reserve stocks
                    for Israel; and
                      (D) as of the date of the enactment of this
                    Act, are located in a stockpile in Israel.
        (b) Concessions.--The value of concessions negotiated
    pursuant to subsection (a) shall be at least equal to the fair
    market value of the items transferred. The concessions may
    include cash compensation, services, waiver of charges
    otherwise payable by the United States, and other items of
    value.
        (c) Advance Notification of Transfer.--Not less than 30
    days before making a transfer under the authority of this
    section, the President shall transmit to the Committee on
    Foreign Relations of the Senate and the Committee on
    International Relations of the House of Representatives a
    notification of the proposed transfer. The notification shall
    identify the items to be transferred and the concessions to be
    received.
        (d) Expiration of Authority.--No transfer may be made under
    the authority of this section 3 years after the date of the
    enactment of this Act.

                          Subtitle C--Other Assistance

    SEC. 121. DEFENSE DRAWDOWN SPECIAL AUTHORITIES.

        (a) Emergency Drawdown.--Section 506(a)(2)(B) of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(2)(B)) is
    amended by striking ``$150,000,000'' and inserting
    ``$200,000,000''.
        (b) Additional Drawdown.--Section 506(a)(2)(A)(i) of such
    Act (22 U.S.C. 2318(a)(2)(A)(i)) is amended-- * * * \4\
    ---------------------------------------------------------------------------
        \4\ For text of the Foreign Assistance Act of 1961, as amended, see
    beginning at page 15.
    ---------------------------------------------------------------------------

    SEC. 122. INCREASED AUTHORITY FOR THE TRANSPORT OF EXCESS DEFENSE
                        ARTICLES.

        Section 516(e)(2)(C) of the Foreign Assistance Act of 1961
    (22 U.S.C. 2321j(e)(2)(C)) is amended by striking ``25,000''
    and inserting ``50,000''.

            TITLE II--INTERNATIONAL MILITARY EDUCATION AND TRAINING

    SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated to the President
    $55,000,000 for fiscal year 2001 and $65,000,000 for fiscal
    year 2002 to carry out chapter 5 of part II of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2347 et seq.).

    SEC. 202. ADDITIONAL REQUIREMENTS.

        Chapter 5 of part II of the Foreign Assistance Act of 1961
    (22 U.S.C. 2347 et seq.) is amended by adding at the end the
    following new sections: * * * \5\
    ---------------------------------------------------------------------------
        \5\ Sec. 202 added new secs. 547 and 548 to the Foreign Assistance
    Act of 1961, see beginning page 251.
    ---------------------------------------------------------------------------

           TITLE III--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE

    SEC. 301. NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE.

        Part II of the Foreign Assistance Act of 1961 (22 U.S.C.
    2301 et seq.) is amended by adding at the end the following new
    chapter: * * * \6\
    ---------------------------------------------------------------------------
        \6\ Sec. 301 added a new chapter 9, secs. 581 through 585, to the
    Foreign Assistance Act of 1961; see beginning page 258.
    ---------------------------------------------------------------------------

    SEC. 302. NONPROLIFERATION AND EXPORT CONTROL TRAINING IN THE UNITED
                        STATES.

        Of the amounts made available for fiscal years 2001 and
    2002 under chapter 9 of part II of the Foreign Assistance Act
    of 1961, as added by section 301, $2,000,000 is authorized to
    be available each such fiscal year for the purpose of training
    and education of personnel from friendly countries in the
    United States.

    SEC. 303. SCIENCE AND TECHNOLOGY CENTERS.

        (a) Availability of Funds.--Of the amounts made available
    for the fiscal years 2001 and 2002 under chapter 9 of part II
    of the Foreign Assistance Act of 1961, as added by section 301,
    $59,000,000 for fiscal year 2001 and $65,000,000 for fiscal
    year 2002 are authorized to be available for science and
    technology centers in the independent states of the former
    Soviet Union.
        (b) Sense of the Congress.--It is the sense of the
    Congress, taking into account section 1132 of H. R. 3427 of the
    One Hundred Sixth Congress (as enacted by section 1000(a)(7) of
    Public Law 106-113), that the practice of auditing entities
    receiving funds authorized under this section should be
    significantly expanded and that the burden of supplying
    auditors should be spread equitably within the United States
    Government.

    SEC. 304. TRIAL TRANSIT PROGRAM.

        (a) Allocation of Funds.--Of the amount made available for
    fiscal year 2001 under chapter 9 of the Foreign Assistance Act
    of 1961, as added by section 301, $5,000,000 is authorized to
    be available to establish a static cargo x-ray facility in
    Malta, if the Secretary of State first certifies to the
    appropriate committees of Congress that the Government of Malta
    has provided adequate assurances that such a facility will be
    utilized in connection with random cargo inspections by Maltese
    customs officials of container traffic transiting through the
    Malta Freeport.
        (b) Requirement of Written Assessment.--In the event that a
    facility is established in Malta pursuant to subsection (a),
    the Secretary of State shall submit a written assessment to the
    appropriate committees of Congress not later than 270 days
    after such a facility commences operation detailing--
              (1) statistics on utilization of the facility by
            Malta;
              (2) the contribution made by the facility to United
            States nonproliferation and export control objectives;
            and
              (3) the feasibility of establishing comparable
            facilities in other countries identified by the
            Secretary of State pursuant to section 583 of the
            Foreign Assistance Act of 1961, as added by section
            301.
        (c) Treatment of Assistance.--Assistance under this section
    shall be considered as assistance under section 583(a) of the
    Foreign Assistance Act of 1961 (relating to transit
    interdiction), as added by section 301.

    SEC. 305. EXCEPTION TO AUTHORITY TO CONDUCT INSPECTIONS UNDER THE
                        CHEMICAL WEAPONS CONVENTION IMPLEMENTATION ACT OF
                        1998.

        Section 303 of the Chemical Weapons Convention
    Implementation Act of 1998 (22 U.S.C. 6723) is amended by
    adding at the end the following new subsection: * * * \7\
    ---------------------------------------------------------------------------
        \7\ For amended text, see Legislation on Foreign Relations Through
    2000, vol. II.
    ---------------------------------------------------------------------------

                       TITLE IV--ANTITERRORISM ASSISTANCE

    SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

        Section 574(a) of the Foreign Assistance Act of 1961 (22
    U.S.C. 2349aa-4(a)) is amended by striking ``$9,840,000'' and
    all that follows through the period and inserting the
    following: ``$72,000,000 for fiscal year 2001 and $73,000,000
    for fiscal year 2002.''.

                TITLE V--INTEGRATED SECURITY ASSISTANCE PLANNING

      Subtitle A--Establishment of a National Security Assistance Strategy

    SEC. 501.\8\ NATIONAL SECURITY ASSISTANCE STRATEGY.

        (a) Multiyear Plan.--Not later than 180 days after the date
    of the enactment of this Act, and annually thereafter at the
    time of submission of the congressional presentation materials
    of the foreign operations appropriations budget request, the
    Secretary of State should submit to the appropriate committees
    of Congress a plan setting forth a National Security Assistance
    Strategy for the United States.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 2305.
    ---------------------------------------------------------------------------
        (b) Elements of the Strategy.--The National Security
    Assistance Strategy should--
              (1) set forth a multi-year plan for security
            assistance programs;
              (2) be consistent with the National Security Strategy
            of the United States;
              (3) be coordinated with the Secretary of Defense and
            the Chairman of the Joint Chiefs of Staff;
              (4) be prepared, in consultation with other agencies,
            as appropriate;
              (5) identify overarching security assistance
            objectives, including identification of the role that
            specific security assistance programs will play in
            achieving such objectives;
              (6) identify a primary security assistance objective,
            as well as specific secondary objectives, for
            individual countries;
              (7) identify, on a country-by-country basis, how
            specific resources will be allocated to accomplish both
            primary and secondary objectives;
              (8) discuss how specific types of assistance, such as
            foreign military financing and international military
            education and training, will be combined at the country
            level to achieve United States objectives; and
              (9) detail, with respect to each of the paragraphs
            (1) through (8), how specific types of assistance
            provided pursuant to the Arms Export Control Act and
            the Foreign Assistance Act of 1961 are coordinated with
            United States assistance programs managed by the
            Department of Defense and other agencies.
        (c) Covered Assistance.--The National Security Assistance
    Strategy should cover assistance provided under--
              (1) section 23 of the Arms Export Control Act (22
            U.S.C. 2763);
              (2) chapter 5 of part II of the Foreign Assistance
            Act of 1961 (22 U.S.C. 2347 et seq.); and
              (3) section 516 of the Foreign Assistance Act of 1961
            (22 U.S.C. 2321i).

                 Subtitle B--Allocations for Certain Countries

    SEC. 511. SECURITY ASSISTANCE FOR NEW NATO MEMBERS.

        (a) Foreign Military Financing.--Of the amounts made
    available for the fiscal years 2001 and 2002 under section 23
    of the Arms Export Control Act (22 U.S.C. 2763), $30,300,000
    for fiscal year 2001 and $35,000,000 for fiscal year 2002 are
    authorized to be available on a grant basis for all of the
    following countries: the Czech Republic, Hungary, and Poland.
        (b) Military Education and Training.--Of the amounts made
    available for the fiscal years 2001 and 2002 to carry out
    chapter 5 of part II of the Foreign Assistance Act of 1961 (22
    U.S.C. 2347 et seq.), $5,100,000 for fiscal year 2001 and
    $7,000,000 for fiscal year 2002 are authorized to be available
    for all of the following countries: the Czech Republic,
    Hungary, and Poland.
        (c) Select Priorities.--In providing assistance under this
    section, the President shall give priority to supporting
    activities that are consistent with the objectives set forth in
    the following conditions of the Senate resolution of
    ratification for the Protocols to the North Atlantic Treaty of
    1949 on the Accession of Poland, Hungary, and the Czech
    Republic:
              (1) Condition (1)(A)(v), (vi), and (vii), relating to
            common threats, the core mission of NATO, and the
            capacity to respond to common threats.
              (2) Condition (1)(B), relating to the fundamental
            importance of collective defense.
              (3) Condition (1)(C), relating to defense planning,
            command structures, and force goals.
              (4) Conditions (4)(B)(i) and (4)(B)(ii), relating to
            intelligence matters.

    SEC. 512. INCREASED TRAINING ASSISTANCE FOR GREECE AND TURKEY.

        (a) In General.--Of the amounts made available for the
    fiscal years 2001 and 2002 to carry out chapter 5 of part II of
    the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.)--
              (1) $1,000,000 for fiscal year 2001 and $1,000,000
            for fiscal year 2002 are authorized to be available for
            Greece; and
              (2) $2,500,000 for fiscal year 2001 and $2,500,000
            for fiscal year 2002 are authorized to be available for
            Turkey.
        (b) Use for Professional Military Education.--Of the
    amounts available under paragraphs (1) and (2) of subsection
    (a) for fiscal year 2002, $500,000 of each such amount should
    be available for purposes of professional military education.
        (c) Use for Joint Training.--It is the sense of the
    Congress that, to the maximum extent practicable, amounts
    available under subsection (a) that are used in accordance with
    subsection (b) should be used for joint training of Greek and
    Turkish officers.

    SEC. 513. ASSISTANCE FOR ISRAEL.

        (a) Definitions.--In this section:
              (1) ESF assistance.--The term ``ESF assistance''
            means assistance 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.
              (2) Foreign military financing program.--The term
            ``Foreign Military Financing Program'' means the
            program authorized by section 23 of the Arms Export
            Control Act (22 U.S.C. 2763).
        (b) ESF Assistance.--
              (1) In general.--Of the amounts made available for
            each of the fiscal years 2001 and 2002 for ESF
            assistance, the amount specified in paragraph (2) for
            each such fiscal year is authorized to be made
            available for Israel.
              (2) Computation of amount.--Subject to subsection
            (d), the amount referred to in paragraph (1) is equal
            to--
                      (A) the amount made available for ESF
                    assistance for Israel for the preceding fiscal
                    year, minus
                      (B) $120,000,000.
        (c) FMF Program.--
              (1) In general.--Of the amount made available for
            each of the fiscal years 2001 and 2002 for assistance
            under the Foreign Military Financing Program, the
            amount specified in paragraph (2) for each such fiscal
            year is authorized to be made available on a grant
            basis for Israel.
              (2) Computation of amount.--Subject to subsection
            (d), the amount referred to in paragraph (1) is equal
            to--
                      (A) the amount made available for assistance
                    under the Foreign Military Financing Program
                    for Israel for the preceding fiscal year, plus
                      (B) $60,000,000.
              (3) Disbursement of funds.--Funds authorized to be
            available for Israel under subsection (b)(1) and
            paragraph (1) of this subsection for fiscal year 2001
            shall be disbursed not later than 30 days after the
            date of the enactment of an Act making appropriations
            for foreign operations, export financing, and related
            programs for fiscal year 2001, or October 31, 2000,
            whichever date is later.
              (4) Availability of funds for advanced weapons
            systems.--To the extent the Government of Israel
            requests that funds be used for such purposes, grants
            made available for Israel out of funds authorized to be
            available under paragraph (1) for Israel for fiscal
            year 2001 shall, as agreed by Israel and the United
            States, be available for advanced weapons systems, of
            which not less than $520,000,000 shall be available for
            the procurement in Israel of defense articles and
            defense services, including research and development.
        (d) Exclusion of Rescissions and Supplemental
    Appropriations.--For purposes of this section, the computation
    of amounts made available for a fiscal year shall not take into
    account any amount rescinded by an Act or any amount
    appropriated by an Act making supplemental appropriations for a
    fiscal year.

    SEC. 514. ASSISTANCE FOR EGYPT.

        (a) Definitions.--In this section:
              (1) ESF assistance.--The term ``ESF assistance''
            means assistance 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.
              (2) Foreign military financing program.--The term
            ``Foreign Military Financing Program'' means the
            program authorized by section 23 of the Arms Export
            Control Act (22 U.S.C. 2763).
        (b) ESF Assistance.--
              (1) In general.--Of the amounts made available for
            each of the fiscal years 2001 and 2002 for ESF
            assistance, the amount specified in paragraph (2) for
            each such fiscal year is authorized to be made
            available for Egypt.
              (2) Computation of amount.--Subject to subsection
            (d), the amount referred to in paragraph (1) is equal
            to--
                      (A) the amount made available for ESF
                    assistance for Egypt during the preceding
                    fiscal year, minus
                      (B) $40,000,000.
        (c) FMF Program.--Of the amount made available for each of
    the fiscal years 2001 and 2002 for assistance under the Foreign
    Military Financing Program, $1,300,000,000 is authorized to be
    made available on a grant basis for Egypt.
        (d) Exclusion of Rescissions and Supplemental
    Appropriations.--For purposes of this section, the computation
    of amounts made available for a fiscal year shall not take into
    account any amount rescinded by an Act or any amount
    appropriated by an Act making supplemental appropriations for a
    fiscal year.
        (e) Disbursement of Funds.--Funds estimated to be outlayed
    for Egypt under subsection (c) during fiscal year 2001 shall be
    disbursed to an interest-bearing account for Egypt in the
    Federal Reserve Bank of New York within 30 days of the date of
    the enactment of this Act, or by October 31, 2000, whichever is
    later, provided that--
              (1) withdrawal of funds from such account shall be
            made only on authenticated instructions from the
            Defense Finance and Accounting Service of the
            Department of Defense;
              (2) in the event such account is closed, the balance
            of the account shall be transferred promptly to the
            appropriations account for the Foreign Military
            Financing Program; and
              (3) none of the interest accrued by such account
            should be obligated unless the Committee on
            Appropriations and the Committee on Foreign Relations
            of the Senate and the Committee on Appropriations and
            the Committee on International Relations of the House
            of Representatives are notified.

    SEC. 515. SECURITY ASSISTANCE FOR CERTAIN COUNTRIES.

        (a) Foreign Military Financing.--Of the amounts made
    available for the fiscal years 2001 and 2002 under section 23
    of the Arms Export Control Act (22 U.S.C. 2763)--
              (1) $18,200,000 for fiscal year 2001 and $20,500,000
            for fiscal year 2002 are authorized to be available on
            a grant basis for all of the following countries:
            Estonia, Latvia, and Lithuania;
              (2) $2,000,000 for fiscal year 2001 and $5,000,000
            for fiscal year 2002 are authorized to be available on
            a grant basis for the Philippines;
              (3) $4,500,000 for fiscal year 2001 and $5,000,000
            for fiscal year 2002 are authorized to be available on
            a grant basis for Georgia;
              (4) $3,000,000 for fiscal year 2001 and $3,500,000
            for fiscal year 2002 are authorized to be available on
            a grant basis for Malta;
              (5) $3,500,000 for fiscal year 2001 and $4,000,000
            for fiscal year 2002 are authorized to be available on
            a grant basis for Slovenia;
              (6) $8,400,000 for fiscal year 2001 and $8,500,000
            for fiscal year 2002 are authorized to be available on
            a grant basis for Slovakia;
              (7) $11,000,000 for fiscal year 2001 and $11,100,000
            for fiscal year 2002 are authorized to be available on
            a grant basis for Romania;
              (8) $8,500,000 for fiscal year 2001 and $8,600,000
            for fiscal year 2002 are authorized to be available on
            a grant basis for Bulgaria; and
              (9) $100,000,000 for fiscal year 2001 and
            $105,000,000 for fiscal year 2002 are authorized to be
            available on a grant basis for Jordan.
        (b) IMET.--Of the amounts made available for the fiscal
    years 2001 and 2002 to carry out chapter 5 of part II of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.)--
              (1) $2,300,000 for fiscal year 2001 and $4,000,000
            for fiscal year 2002 are authorized to be available for
            all of the following countries: Estonia, Latvia, and
            Lithuania;
              (2) $1,400,000 for fiscal year 2001 and $1,500,000
            for fiscal year 2002 are authorized to be available for
            the Philippines;
              (3) $475,000 for fiscal year 2001 and $1,000,000 for
            fiscal year 2002 are authorized to be available for
            Georgia;
              (4) $200,000 for fiscal year 2001 and $1,000,000 for
            fiscal year 2002 are authorized to be available for
            Malta;
              (5) $700,000 for fiscal year 2001 and $1,000,000 for
            fiscal year 2002 are authorized to be available for
            Slovenia;
              (6) $700,000 for fiscal year 2001 and $1,000,000 for
            fiscal year 2002 are authorized to be available for
            Slovakia;
              (7) $1,300,000 for fiscal year 2001 and $1,500,000
            for fiscal year 2002 are authorized to be available for
            Romania; and
              (8) $1,100,000 for fiscal year 2001 and $1,200,000
            for fiscal year 2002 are authorized to be available for
            Bulgaria.

    SEC. 516. BORDER SECURITY AND TERRITORIAL INDEPENDENCE.

        (a) GUUAM Countries and Armenia.--For the purpose of
    carrying out section 499C of the Foreign Assistance Act of 1961
    and assisting GUUAM countries and Armenia to strengthen
    national control of their borders and to promote the
    independence and territorial sovereignty of such countries, the
    following amounts are authorized to be made available for
    fiscal years 2001 and 2002:
              (1) $5,000,000 for fiscal year 2001 and $20,000,000
            for fiscal year 2002 are of the amounts made available
            under section 23 of the Arms Export Control Act (22
            U.S.C. 2763).
              (2) $2,000,000 for fiscal year 2001 and $10,000,000
            for fiscal year 2002 of the amounts made available
            under chapter 9 of part II of the Foreign Assistance
            Act of 1961, as added by section 301.
              (3) $500,000 for fiscal year 2001 and $5,000,000 for
            fiscal year 2002 of the amounts made available to carry
            out chapter 5 of part II of the Foreign Assistance Act
            of 1961 (22 U.S.C. 2347 et seq.).
              (4) $1,000,000 for fiscal year 2001 and $2,000,000
            for fiscal year 2002 of the amounts made available to
            carry out chapter 8 of part II of the Foreign
            Assistance Act.
        (b) GUUAM Countries Defined.--In this section, the term
    ``GUUAM countries'' means the group of countries that signed a
    protocol on quadrilateral cooperation on November 25, 1997,
    together with Uzbekistan.

                      TITLE VI--TRANSFERS OF NAVAL VESSELS

    SEC. 601. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN
                        COUNTRIES.

        (a) Brazil.--The President is authorized to transfer to the
    Government of Brazil two ``THOMASTON'' class dock landing ships
    ALAMO (LSD 33) and HERMITAGE (LSD 34), and four ``GARCIA''
    class frigates BRADLEY (FF 1041), DAVIDSON (FF 1045), SAMPLE
    (FF 1048) and ALBERT DAVID (FF 1050). Such transfers shall be
    on a grant basis under section 516 of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2321j).
        (b) Chile.--The President is authorized to transfer to the
    Government of the Chile two ``OLIVER HAZARD PERRY'' class
    guided missile frigates WADSWORTH (FFG 9), and ESTOCIN (FFG
    15). Such transfers shall be on a combined lease-sale basis
    under sections 61 and 21 of the Arms Export Control Act (22
    U.S.C. 2796, 2761).
        (c) Greece.--The President is authorized to transfer to the
    Government of Greece two ``KNOX'' class frigates VREELAND (FF
    1068), and TRIPPE (FF 1075). Such transfers shall be on a grant
    basis under section 516 of the Foreign Assistance Act of 1961
    (22 U.S.C. 2321j).
        (d) Turkey.--The President is authorized to transfer to the
    Government of Turkey two ``OLIVER HAZARD PERRY'' class guided
    missile frigates JOHN A. MOORE (FFG 19), and FLATLEY (FFG 21).
    Such transfers shall be on a combined lease-sale basis under
    sections 61 and 21 of the Arms Export Control Act (22 U.S.C.
    2796, 2761). The authority granted by this subsection is in
    addition to that granted under section 1018(a)(9) of Public Law
    106-65.

    SEC. 602. INAPPLICABILITY OF AGGREGATE ANNUAL LIMITATION ON VALUE OF
                        TRANSFERRED EXCESS DEFENSE ARTICLES.

        The value of naval vessels authorized under section 601 to
    be transferred on a grant basis under section 516 of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2321j) shall not be
    included in the aggregate annual value of transferred excess
    defense articles which is subject to the aggregate annual
    limitation set forth in section 516(g) of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2321j(g)).

    SEC. 603. 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. 604. CONDITIONS RELATING TO COMBINED LEASE-SALE TRANSFERS.

        A transfer of a vessel on a combined lease-sale basis
    authorized by section 601 shall be made in accordance with the
    following requirements:
              (1) The President may initially transfer the vessel
            by lease, with lease payments suspended for the term of
            the lease, if the country entering into the lease for
            the vessel simultaneously enters into a foreign
            military sales agreement for the transfer of title to
            the vessel.
              (2) The President may not deliver to the purchasing
            country title to the vessel until the purchase price of
            the vessel under such a foreign military sales
            agreement is paid in full.
              (3) Upon payment of the purchase price in full under
            such a sales agreement and delivery of title to the
            recipient country, the President shall terminate the
            lease.
              (4) If the purchasing country fails to make full
            payment of the purchase price in accordance with the
            sales agreement by the date required under the sales
            agreement--
                      (A) the sales agreement shall be immediately
                    terminated;
                      (B) the suspension of lease payments under
                    the lease shall be vacated; and
                      (C) the United States shall be entitled to
                    retain all funds received on or before the date
                    of the termination under the sales agreement,
                    up to the amount of the lease payments due and
                    payable under the lease and all other costs
                    required by the lease to be paid to that date.
              (5) If a sales agreement is terminated pursuant to
            paragraph (4), the United States shall not be required
            to pay any interest to the recipient country on any
            amount paid to the United States by the recipient
            country under the sales agreement and not retained by
            the United States under the lease.

    SEC. 605. FUNDING OF CERTAIN COSTS OF TRANSFERS.

        There are authorized to be appropriated to the Defense
    Vessels Transfer Program Account such funds as may be necessary
    to cover the costs (as defined in section 502 of the
    Congressional Budget Act of 1974 (2 U.S.C. 661a)) of the lease-
    sale transfers authorized by section 601. Funds authorized to
    be appropriated under the preceding sentence for the purpose
    described in that sentence may not be available for any other
    purpose.

    SEC. 606. REPAIR AND REFURBISHMENT IN UNITED STATES SHIPYARDS.

        To the maximum extent practicable, the President shall
    require, as a condition of the transfer of a vessel under
    section 601, that the country to which the vessel is
    transferred will 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.

    SEC. 607. SENSE OF THE CONGRESS REGARDING TRANSFER OF NAVAL VESSELS ON
                        A GRANT BASIS.

        It is the sense of the Congress that naval vessels
    authorized under section 601 to be transferred to foreign
    countries on a grant basis under section 516 of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2321j) should be so
    transferred only if the United States receives appropriate
    benefits from such countries for transferring the vessel on a
    grant basis.

    SEC. 608. EXPIRATION OF AUTHORITY.

        The authority granted by section 601 shall expire 2 years
    after the date of the enactment of this Act.

                      TITLE VII--MISCELLANEOUS PROVISIONS

    SEC. 701. UTILIZATION OF DEFENSE ARTICLES AND DEFENSE SERVICES.

        Section 502 of the Foreign Assistance Act of 1961 (22
    U.S.C. 2302) is amended in the first sentence by inserting
    ``(including for antiterrorism and nonproliferation purposes)''
    after ``internal security''.

    SEC. 702. ANNUAL MILITARY ASSISTANCE REPORT.

        Section 655(b)(3) of the Foreign Assistance Act of 1961 (22
    U.S.C. 2415(b)(3)) is amended by inserting before the period at
    the end the following: ``and, if so, a specification of those
    defense articles that were exported during the fiscal year
    covered by the report''.

    SEC. 703. REPORT ON GOVERNMENT-TO-GOVERNMENT ARMS SALES END-USE
                        MONITORING PROGRAM.

        Not later than 180 days after the date of the enactment of
    this Act, the President shall prepare and transmit to the
    appropriate committees of Congress a report that contains a
    summary of the status of the efforts of the Defense Security
    Cooperation Agency to implement the End-Use Monitoring
    Enhancement Plan relating to government-to-government transfers
    of defense articles, defense services, and related
    technologies.

    SEC. 704.\9\ MTCR REPORT TRANSMITTALS.

        For purposes of section 71(d) of the Arms Export Control
    Act (22 U.S.C. 2797(d)), the requirement that reports under
    that section shall be transmitted to the Congress shall be
    considered to be a requirement that such reports shall be
    transmitted to the Committee on International Relations of the
    House of Representatives and the Committee on Foreign Relations
    and the Committee on Banking, Housing and Urban Affairs of the
    Senate.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 2797 note.
    ---------------------------------------------------------------------------

    SEC. 705. STINGER MISSILES IN THE PERSIAN GULF REGION.

        (a) Prohibition.--Notwithstanding any other provision of
    law and except as provided in subsection (b), the United States
    may not sell or otherwise make available under the Arms Export
    Control Act or chapter 2 of part II of the Foreign Assistance
    Act of 1961 any Stinger ground-to-air missiles to any country
    bordering the Persian Gulf.
        (b) Additional Transfers Authorized.--In addition to other
    defense articles authorized to be transferred by section 581 of
    the Foreign Operations, Export Financing, and Related Programs
    Appropriation Act, 1990, the United States may sell or make
    available, under the Arms Export Control Act or chapter 2 of
    part II of the Foreign Assistance Act of 1961, Stinger ground-
    to-air missiles to any country bordering the Persian Gulf in
    order to replace, on a one-for-one basis, Stinger missiles
    previously furnished to such country if the Stinger missiles to
    be replaced are nearing the scheduled expiration of their
    shelf-life.

    SEC. 706. SENSE OF THE CONGRESS REGARDING EXCESS DEFENSE ARTICLES.

        It is the sense of the Congress that the President should
    make expanded use of the authority provided under section 21(a)
    of the Arms Export Control Act to sell excess defense articles
    by utilizing the flexibility afforded by section 47 of such Act
    to ascertain the ``market value'' of excess defense articles.

    SEC. 707. EXCESS DEFENSE ARTICLES FOR MONGOLIA.

        (a) Uses for Which Funds Are Available.--Notwithstanding
    section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C.
    2321j(e)), during the fiscal years 2001 and 2002, funds
    available to the Department of Defense may be expended for
    crating, packing, handling, and transportation of excess
    defense articles transferred under the authority of section 516
    of that Act to Mongolia.
        (b) Content of Congressional Notification.--Each
    notification required to be submitted under section 516(f) of
    the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(f)) with
    respect to a proposed transfer of a defense article described
    in subsection (a) shall include an estimate of the amount of
    funds to be expended under subsection (a) with respect to that
    transfer.

    SEC. 708.\10\ SPACE COOPERATION WITH RUSSIAN PERSONS.

        (a) Annual Certification.--
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 2797b note.
    ---------------------------------------------------------------------------
              (1) Requirement.--The President shall submit each
            year to the appropriate committees of Congress, with
            respect to each Russian person described in paragraph
            (2), a certification that the reports required to be
            submitted to Congress during the preceding calendar
            year under section 2 of the Iran Nonproliferation Act
            of 2000 (Public Law 106-178) \11\ do not identify that
            person on account of a transfer to Iran of goods,
            services, or technology described in section 2(a)(1)(B)
            of such Act.
    ---------------------------------------------------------------------------
        \11\ For text of the Iran Nonproliferation Act, see Legislation on
    Foreign Relations Through 2000, vol. II.
    ---------------------------------------------------------------------------
              (2) Applicability.--The certification requirement
            under paragraph (1) applies with respect to each
            Russian person that, as of the date of the
            certification, is a party to an agreement relating to
            commercial cooperation on MTCR equipment or technology
            with a United States person pursuant to an arms export
            license that was issued at any time since January 1,
            2000.
              (3) Exemption.--No activity or transfer which
            specifically has been the subject of a Presidential
            determination pursuant to section 5(a)(1), (2), or (3)
            of the Iran Nonproliferation Act of 2000 (Public Law
            106-178) shall cause a Russian person to be considered
            as having been identified in the reports submitted
            during the preceding calendar year under section 2 of
            that Act for the purposes of the certification required
            under paragraph (1).
              (4) Commencement and termination of requirement.--
                      (A) Times for submission.--The President
                    shall submit--
                              (i) the first certification under
                            paragraph (1) not later than 60 days
                            after the date of the enactment of this
                            Act; and
                              (ii) each annual certification
                            thereafter on the anniversary of the
                            first submission.
                      (B) Termination of requirement.--No
                    certification is required under paragraph (1)
                    after termination of cooperation under the
                    specific license, or 5 years after the date on
                    which the first certification is submitted,
                    whichever is the earlier date.
        (b) Termination of Existing Licenses.--If, at any time
    after the issuance of a license under section 36(c) of the Arms
    Export Control Act relating to the use, development, or co-
    production of commercial rocket engine technology with a
    foreign person, the President determines that the foreign
    person has engaged in any action described in section 73(a)(1)
    of the Arms Export Control Act (22 U.S.C. 2797b(a)(1)) since
    the date the license was issued, the President may terminate
    the license.
        (c) Report on Export Licensing of MTCR Items Under
    $50,000,000.--Section 71(d) of the Arms Export Control Act (22
    U.S.C. 2797(d)) is amended by striking ``Within 15 days'' and
    all that follows through ``MTCR Annex,'' and inserting ``Within
    15 days after the issuance of a license (including any
    brokering license) for the export of items valued at less than
    $50,000,000 that are controlled under this Act pursuant to
    United States obligations under the Missile Technology Control
    Regime and are goods or services that are intended to support
    the design, utilization, development, or production of a space
    launch vehicle system listed in Category I of the MTCR
    Annex,''.
        (d) Definitions.--In this section:
              (1) Foreign person.--The term ``foreign person'' has
            the meaning given the term in section 74(7) of the Arms
            Export Control Act (22 U.S.C. 2797c(7)).
              (2) MTCR equipment or technology.--The term ``MTCR
            equipment or technology'' has the meaning given the
            term in section 74(5) of the Arms Export Control Act
            (22 U.S.C. 2797c(5)).
              (3) Person.--The term ``person'' has the meaning
            given the term in section 74(8) of the Arms Export
            Control Act (22 U.S.C. 2797c(8)).
              (4) United states person.--The term ``United States
            person'' has the meaning given the term in section
            74(6) of the Arms Export Control Act (22 U.S.C.
            2797c(6)).

    SEC. 709. SENSE OF THE CONGRESS RELATING TO MILITARY EQUIPMENT FOR THE
                        PHILIPPINES.

        (a) In General.--It is the sense of the Congress that the
    United States Government should work with the Government of the
    Philippines to enable that Government to procure military
    equipment that can be used to upgrade the capabilities and to
    improve the quality of life of the armed forces of the
    Philippines.
        (b) Military Equipment.--Military equipment described in
    subsection (a) should include--
              (1) naval vessels, including amphibious landing
            crafts, for patrol, search-and-rescue, and transport;
              (2) F-5 aircraft and other aircraft that can assist
            with reconnaissance, search-and-rescue, and resupply;
              (3) attack, transport, and search-and-rescue
            helicopters; and
              (4) vehicles and other personnel equipment.

    SEC. 710. WAIVER OF CERTAIN COSTS.

        Notwithstanding any other provision of law, the President
    may waive the requirement to impose an appropriate charge for a
    proportionate amount of any nonrecurring costs of research,
    development, and production under section 21(e)(1)(B) of the
    Arms Export Control Act (22 U.S.C. 2761(e)(1)(B)) for the
    November 1999 sale of five UH-60L helicopters to the Republic
    of Colombia in support of counternarcotics activities.
               f. Global AIDS and Tuberculosis Relief Act of 2000

    Partial text of Public Law 106-264 [H.R. 3519], 114 Stat. 748, approved
                                August 19, 2000

    AN ACT To provide for negotiations for the creation of a trust fund to
       be administered by the International Bank for Reconstruction and
    Development or the International Development Association to combat the
                                 AIDS epidemic.

        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 ``Global AIDS and Tuberculosis
    Relief Act of 2000''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 6801 note.
    ---------------------------------------------------------------------------

    SEC. 2. TABLE OF CONTENTS.

        The table of contents for this Act is as follows:

                                                                       Page

    Sec. 1. Short title..............................................   513
    Sec. 2. Table of contents........................................   513

    TITLE I--ASSISTANCE TO COUNTRIES WITH LARGE POPULATIONS HAVING HIV/AIDS

    Sec. 101. Short title............................................   514
    Sec. 102. Definitions............................................   514
    Sec. 103. Findings and purposes..................................   514

                      Subtitle A--United States Assistance

    Sec. 111. Additional assistance authorities to combat HIV and
      AIDS...........................................................   516
    Sec. 112. Voluntary contribution to Global Alliance for Vaccines
      and Immunizations and International AIDS Vaccine Initiative....   517
    Sec. 113. Coordinated donor strategy for support and education of
      orphans in sub-Saharan Africa..................................   517
    Sec. 114. African Crisis Response Initiative and HIV/AIDS
      training.......................................................   518

                     Subtitle B--World Bank AIDS Trust Fund
                      Chapter 1--Establishment of the Fund

    Sec. 121. Establishment..........................................   518
    Sec. 122. Grant authorities......................................   519
    Sec. 123. Administration.........................................   520
    Sec. 124. Advisory Board.........................................   521

                               Chapter 2--Reports

    Sec. 131. Reports to Congress....................................   521

                Chapter 3--United States Financial Participation

    Sec. 141. Authorization of appropriations........................   522
    Sec. 142. Certification requirement..............................   522

                  TITLE II--INTERNATIONAL TUBERCULOSIS CONTROL

    Sec. 201. Short title............................................   522
    Sec. 202. Findings...............................................   522
    Sec. 203. Assistance for tuberculosis prevention, treatment,
      control, and elimination.......................................   524

                     TITLE III--ADMINISTRATIVE AUTHORITIES

    Sec. 301. Effective program oversight............................   524
    Sec. 302. Termination expenses...................................   524

    TITLE I--ASSISTANCE TO COUNTRIES WITH LARGE POPULATIONS HAVING HIV/AIDS

    SEC. 101.\2\ SHORT TITLE.

        This title may be cited as the ``Global AIDS Research and
    Relief Act of 2000''.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 6801 note.
    ---------------------------------------------------------------------------

    SEC. 102.\2\ DEFINITIONS.

        In this title:
              (1) AIDS.--The term ``AIDS'' means the acquired
            immune deficiency syndrome.
              (2) Association.--The term ``Association'' means the
            International Development Association.
              (3) Bank.--The term ``Bank'' or ``World Bank'' means
            the International Bank for Reconstruction and
            Development.
              (4) HIV.--The term ``HIV'' means the human
            immunodeficiency virus, the pathogen which causes AIDS.
              (5) HIV/AIDS.--The term ``HIV/AIDS'' means, with
            respect to an individual, an individual who is infected
            with HIV or living with AIDS.

    SEC. 103.\3\ FINDINGS AND PURPOSES.

        (a) Findings.--Congress makes the following findings:
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 6802.
    ---------------------------------------------------------------------------
              (1) According to the Surgeon General of the United
            States, the epidemic of human immunodeficiency virus/
            acquired immune deficiency syndrome (HIV/AIDS) will
            soon become the worst epidemic of infectious disease in
            recorded history, eclipsing both the bubonic plague of
            the 1300's and the influenza epidemic of 1918-1919
            which killed more than 20,000,000 people worldwide.
              (2) According to the Joint United Nations Programme
            on HIV/AIDS (UNAIDS), more than 34,300,000 people in
            the world today are living with HIV/AIDS, of which
            approximately 95 percent live in the developing world.
              (3) UNAIDS data shows that among children age 14 and
            under worldwide, more than 3,800,000 have died from
            AIDS, more than 1,300,000 are living with the disease;
            and in 1 year alone--1999--an estimated 620,000 became
            infected, of which over 90 percent were babies born to
            HIV-positive women.
              (4) Although sub-Saharan Africa has only 10 percent
            of the world's population, it is home to more than
            24,500,000--roughly 70 percent--of the world's HIV/AIDS
            cases.
              (5) Worldwide, there have already been an estimated
            18,800,000 deaths because of HIV/AIDS, of which more
            than 80 percent occurred in sub-Saharan Africa.
              (6) The gap between rich and poor countries in terms
            of transmission of HIV from mother to child has been
            increasing. Moreover, AIDS threatens to reverse years
            of steady progress of child survival in developing
            countries. UNAIDS believes that by the year 2010, AIDS
            may have increased mortality of children under 5 years
            of age by more than 100 percent in regions most
            affected by the virus.
              (7) According to UNAIDS, by the end of 1999,
            13,200,000 children have lost at least one parent to
            AIDS, including 12,100,000 children in sub-Saharan
            Africa, and are thus considered AIDS orphans.
              (8) At current infection and growth rates for HIV/
            AIDS, the National Intelligence Council estimates that
            the number of AIDS orphans worldwide will increase
            dramatically, potentially increasing threefold or more
            in the next 10 years, contributing to economic decay,
            social fragmentation, and political destabilization in
            already volatile and strained societies. Children
            without care or hope are often drawn into prostitution,
            crime, substance abuse, or child soldiery.
              (9) Donors must focus on adequate preparations for
            the explosion in the number of orphans and the burden
            they will place on families, communities, economies,
            and governments. Support structures and incentives for
            families, communities, and institutions which will
            provide care for children orphaned by HIV/AIDS, or for
            the children who are themselves afflicted by HIV/AIDS,
            will be essential.
              (10) The 1999 annual report by the United Nations
            Children's Fund (UNICEF) states ``[t]he number of
            orphans, particularly in Africa, constitutes nothing
            less than an emergency, requiring an emergency
            response'' and that ``finding the resources needed to
            help stabilize the crisis and protect children is a
            priority that requires urgent action from the
            international community.''.
              (11) The discovery of a relatively simple and
            inexpensive means of interrupting the transmission of
            HIV from an infected mother to the unborn child--namely
            with nevirapine (NVP), which costs US$4 a tablet--has
            created a great opportunity for an unprecedented
            partnership between the United States Government and
            the governments of Asian, African and Latin American
            countries to reduce mother-to-child transmission (also
            known as ``vertical transmission'') of HIV.
              (12) According to UNAIDS, if implemented this
            strategy will decrease the proportion of orphans that
            are HIV-infected and decrease infant and child
            mortality rates in these developing regions.
              (13) A mother-to-child antiretroviral drug strategy
            can be a force for social change, providing the
            opportunity and impetus needed to address often long-
            standing problems of inadequate services and the
            profound stigma associated with HIV-infection and the
            AIDS disease. Strengthening the health infrastructure
            to improve mother-and-child health, antenatal, delivery
            and postnatal services, and couples counseling
            generates enormous spillover effects toward combating
            the AIDS epidemic in developing regions.
              (14) United States Census Bureau statistics show life
            expectancy in sub-Saharan Africa falling to around 30
            years of age within a decade, the lowest in a century,
            and project life expectancy in 2010 to be 29 years of
            age in Botswana, 30 years of age in Swaziland, 33 years
            of age in Namibia and Zimbabwe, and 36 years of age in
            South Africa, Malawi, and Rwanda, in contrast to a life
            expectancy of 70 years of age in many of the countries
            without a high prevalence of AIDS.
              (15) A January 2000 United States National
            Intelligence Estimate (NIE) report on the global
            infectious disease threat concluded that the economic
            costs of infectious diseases--especially HIV/AIDS--are
            already significant and could reduce GDP by as much as
            20 percent or more by 2010 in some sub-Saharan African
            nations.
              (16) According to the same NIE report, HIV prevalence
            among militias in Angola and the Democratic Republic of
            the Congo are estimated at 40 to 60 percent, and at 15
            to 30 percent in Tanzania.
              (17) The HIV/AIDS epidemic is of increasing concern
            in other regions of the world, with UNAIDS estimating
            that there are more than 5,600,000 cases in South and
            South-east Asia, that the rate of HIV infection in the
            Caribbean is second only to sub-Saharan Africa, and
            that HIV infections have doubled in just 2 years in the
            former Soviet Union.
              (18) Despite the discouraging statistics on the
            spread of HIV/AIDS, some developing nations--such as
            Uganda, Senegal, and Thailand--have implemented
            prevention programs that have substantially curbed the
            rate of HIV infection.
              (19) AIDS, like all diseases, knows no national
            boundaries, and there is no certitude that the scale of
            the problem in one continent can be contained within
            that region.
              (20) Accordingly, United States financial support for
            medical research, education, and disease containment as
            a global strategy has beneficial ramifications for
            millions of Americans and their families who are
            affected by this disease, and the entire population
            which is potentially susceptible.
        (b) Purposes.--The purposes of this title are to--
              (1) help prevent human suffering through the
            prevention, diagnosis, and treatment of HIV/AIDS; and
              (2) help ensure the viability of economic
            development, stability, and national security in the
            developing world by advancing research to--
                      (A) understand the causes associated with
                    HIV/AIDS in developing countries; and
                      (B) assist in the development of an AIDS
                    vaccine.

                      Subtitle A--United States Assistance

    SEC. 111. ADDITIONAL ASSISTANCE AUTHORITIES TO COMBAT HIV AND AIDS.

        (a) Assistance for Prevention of HIV/AIDS and Vertical
    Transmission.--Section 104(c) of the Foreign Assistance Act of
    1961 (22 U.S.C. 2151b(c)) is amended by adding at the end the
    following new paragraphs: * * * \4\
    ---------------------------------------------------------------------------
        \4\ Sec. 111(a) added paras. (4) through (6) to sec. 104(c) of the
    Foreign Assistance Act. For text of that Act, as amended, see beginning
    at page 15.
    ---------------------------------------------------------------------------
        (b) Training and Training Facilities in Sub-Saharan
    Africa.--Section 496(i)(2) of the Foreign Assistance Act of
    1961 (22 U.S.C. 2293(i)(2)) is amended by adding at the end the
    following new sentence: ``In addition, providing training and
    training facilities, in sub-Saharan Africa, for doctors and
    other health care providers, notwithstanding any provision of
    law that restricts assistance to foreign countries.''.

    SEC. 112. VOLUNTARY CONTRIBUTION TO GLOBAL ALLIANCE FOR VACCINES AND
                        IMMUNIZATIONS AND INTERNATIONAL AIDS VACCINE
                        INITIATIVE.

        (a) Authorization of Appropriations.--Section 302 of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2222) is amended by
    adding at the end the following new subsections: * * * \5\
    ---------------------------------------------------------------------------
        \5\ Sec. 112(a) added new subsecs. (k) and (l) to sec. 302 of the
    Foreign Assistance Act of 1961.
    ---------------------------------------------------------------------------
        (b) Report.--At the close of fiscal year 2001, the
    President shall submit a report to the appropriate
    congressional committees on the effectiveness of the Global
    Alliance for Vaccines and Immunizations and the International
    AIDS Vaccine Initiative during that fiscal year in meeting the
    goals of--
              (1) improving access to sustainable immunization
            services;
              (2) expanding the use of all existing, safe, and
            cost-effective vaccines where they address a public
            health problem;
              (3) accelerating the development and introduction of
            new vaccines and technologies;
              (4) accelerating research and development efforts for
            vaccines needed primarily in developing countries; and
              (5) making immunization coverage a centerpiece in
            international development efforts.
        (c) Appropriate Congressional Committees Defined.--In
    subsection (b), the term ``appropriate congressional
    committees'' means the Committee on Foreign Relations and the
    Committee on Appropriations of the Senate and the Committee on
    International Relations and the Committee on Appropriations of
    the House of Representatives.

    SEC. 113.\6\ COORDINATED DONOR STRATEGY FOR SUPPORT AND EDUCATION OF
                        ORPHANS IN SUB-SAHARAN AFRICA.

        (a) Statement of Policy.--It is in the national interest of
    the United States to assist in mitigating the burden that will
    be placed on sub-Saharan African social, economic, and
    political institutions as these institutions struggle with the
    consequences of a dramatically increasing AIDS orphan
    population, many of whom are themselves infected by HIV and
    living with AIDS. Effectively addressing that burden and its
    consequences in sub-Saharan Africa will require a coordinated
    multidonor strategy.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 6811.
    ---------------------------------------------------------------------------
        (b) Development of Strategy.--The President shall
    coordinate the development of a multidonor strategy to provide
    for the support and education of AIDS orphans and the families,
    communities, and institutions most affected by the HIV/AIDS
    epidemic in sub-Saharan Africa.
        (c) Definition.--In this section, the term ``HIV/AIDS''
    means, with respect to an individual, an individual who is
    infected with the human immunodeficiency virus (HIV), the
    pathogen that causes the acquired immune deficiency virus
    (AIDS), or living with AIDS.

    SEC. 114.\7\ AFRICAN CRISIS RESPONSE INITIATIVE AND HIV/AIDS TRAINING.

        (a) Findings.--Congress finds that--
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 6812.
    ---------------------------------------------------------------------------
              (1) the spread of HIV/AIDS constitutes a threat to
            security in Africa;
              (2) civil unrest and war may contribute to the spread
            of the disease to different parts of the continent;
              (3) the percentage of soldiers in African militaries
            who are infected with HIV/AIDS is unknown, but
            estimates range in some countries as high as 40
            percent; and
              (4) it is in the interests of the United States to
            assist the countries of Africa in combating the spread
            of HIV/AIDS.
        (b) Education on the Prevention of the Spread of AIDS.--In
    undertaking education and training programs for military
    establishments in African countries, the United States shall
    ensure that classroom training under the African Crisis
    Response Initiative includes military-based education on the
    prevention of the spread of AIDS.

                     Subtitle B--World Bank AIDS Trust Fund

                      CHAPTER 1--ESTABLISHMENT OF THE FUND

    SEC. 121.\8\ ESTABLISHMENT.

        (a) Negotiations for Establishment of Trust Fund.--The
    Secretary of the Treasury shall seek to enter into negotiations
    with the World Bank or the Association, in consultation with
    the Administrator of the United States Agency for International
    Development and other United States Government agencies, and
    with the member nations of the World Bank or the Association
    and with other interested parties, for the establishment within
    the World Bank of--
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 6821.
    ---------------------------------------------------------------------------
              (1) the World Bank AIDS Trust Fund (in this subtitle
            referred to as the ``Trust Fund'') in accordance with
            the provisions of this chapter; and
              (2) the Advisory Board to the Trust Fund in
            accordance with section 124.
        (b) Purpose.--The purpose of the Trust Fund should be to
    use contributed funds to--
              (1) assist in the prevention and eradication of HIV/
            AIDS and the care and treatment of individuals infected
            with HIV/AIDS; and
              (2) provide support for the establishment of programs
            that provide health care and primary and secondary
            education for children orphaned by the HIV/AIDS
            epidemic.
        (c) Composition.--
              (1) In general.--The Trust Fund should be governed by
            a Board of Trustees, which should be composed of
            representatives of the participating donor countries to
            the Trust Fund. Individuals appointed to the Board
            should have demonstrated knowledge and experience in
            the fields of public health, epidemiology, health care
            (including delivery systems), and development.
              (2) United states representation.--
                      (A) In general.--Upon the effective date of
                    this paragraph, there shall be a United States
                    member of the Board of Trustees, who shall be
                    appointed by the President, by and with the
                    advice and consent of the Senate, and who shall
                    have the qualifications described in paragraph
                    (1).
                      (B) Effective and termination dates.--
                              (i) Effective date.--This paragraph
                            shall take effect upon the date the
                            Secretary of the Treasury certifies to
                            Congress that an agreement establishing
                            the Trust Fund and providing for a
                            United States member of the Board of
                            Trustees is in effect.
                              (ii) Termination date.--The position
                            established by subparagraph (A) is
                            abolished upon the date of termination
                            of the Trust Fund.

    SEC. 122.\9\ GRANT AUTHORITIES.

        (a) Program Objectives.--
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 6822.
    ---------------------------------------------------------------------------
              (1) In general.--In carrying out the purpose of
            section 121(b), the Trust Fund, acting through the
            Board of Trustees, should provide only grants,
            including grants for technical assistance to support
            measures to build local capacity in national and local
            government, civil society, and the private sector to
            lead and implement effective and affordable HIV/AIDS
            prevention, education, treatment and care services, and
            research and development activities, including access
            to affordable drugs.
              (2) Activities supported.--Among the activities the
            Trust Fund should provide grants for should be--
                      (A) programs to promote the best practices in
                    prevention, including health education messages
                    that emphasize risk avoidance such as
                    abstinence;
                      (B) measures to ensure a safe blood supply;
                      (C) voluntary HIV/AIDS testing and
                    counseling;
                      (D) measures to stop mother-to-child
                    transmission of HIV/AIDS, including through
                    diagnosis of pregnant women, access to cost-
                    effective treatment and counseling, and access
                    to infant formula or other alternatives for
                    infant feeding;
                      (E) programs to provide for the support and
                    education of AIDS orphans and the families,
                    communities, and institutions most affected by
                    the HIV/AIDS epidemic;
                      (F) measures for the deterrence of gender-
                    based violence and the provision of post-
                    exposure prophylaxis to victims of rape and
                    sexual assault; and
                      (G) incentives to promote affordable access
                    to treatments against AIDS and related
                    infections.
              (3) Implementation of program objectives.--In
            carrying out the objectives of paragraph (1), the Trust
            Fund should coordinate its activities with governments,
            civil society, nongovernmental organizations, the Joint
            United Nations Program on HIV/AIDS (UNAIDS), the
            International Partnership Against AIDS in Africa, other
            international organizations, the private sector, and
            donor agencies working to combat the HIV/AIDS crisis.
        (b) Priority.--In providing grants under this section, the
    Trust Fund should give priority to countries that have the
    highest HIV/AIDS prevalence rate or are at risk of having a
    high HIV/AIDS prevalence rate.
        (c) Eligible Grant Recipients.--Governments and
    nongovernmental organizations should be eligible to receive
    grants under this section.
        (d) Prohibition.--The Trust Fund should not make grants for
    the purpose of project development associated with bilateral or
    multilateral bank loans.

    SEC. 123.\10\ ADMINISTRATION.

        (a) Appointment of an Administrator.--The Board of
    Trustees, in consultation with the appropriate officials of the
    Bank, should appoint an Administrator who should be responsible
    for managing the day-to-day operations of the Trust Fund.
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 6823.
    ---------------------------------------------------------------------------
        (b) Authority to Solicit and Accept Contributions.--The
    Trust Fund should be authorized to solicit and accept
    contributions from governments, the private sector, and
    nongovernmental entities of all kinds.
        (c) Accountability of Funds and Criteria for Programs.--As
    part of the negotiations described in section 121(a), the
    Secretary of the Treasury shall, consistent with subsection
    (d)--
              (1) take such actions as are necessary to ensure that
            the Bank or the Association will have in effect
            adequate procedures and standards to account for and
            monitor the use of funds contributed to the Trust Fund,
            including the cost of administering the Trust Fund; and
              (2) seek agreement on the criteria that should be
            used to determine the programs and activities that
            should be assisted by the Trust Fund.
        (d) Selection of projects and recipients.--The Board of
    Trustees should establish--
              (1) criteria for the selection of projects to receive
            support from the Trust Fund;
              (2) standards and criteria regarding qualifications
            of recipients of such support;
              (3) such rules and procedures as may be necessary for
            cost-effective management of the Trust Fund; and
              (4) such rules and procedures as may be necessary to
            ensure transparency and accountability in the grant-
            making process.
        (e) Transparency of operations.--The Board of Trustees
    should ensure full and prompt public disclosure of the proposed
    objectives, financial organization, and operations of the Trust
    Fund.

    SEC. 124.\11\ ADVISORY BOARD.

        (a) In General.--There should be an Advisory Board to the
    Trust Fund.
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 6824.
    ---------------------------------------------------------------------------
        (b) Appointments.--The members of the Advisory Board should
    be drawn from--
              (1) a broad range of individuals with experience and
            leadership in the fields of development, health care
            (especially HIV/AIDS), epidemiology, medicine,
            biomedical research, and social sciences; and
              (2) representatives of relevant United Nations
            agencies and nongovernmental organizations with on-the-
            ground experience in affected countries.
        (c) Responsibilities.--The Advisory Board should provide
    advice and guidance to the Board of Trustees on the development
    and implementation of programs and projects to be assisted by
    the Trust Fund and on leveraging donations to the Trust Fund.
        (d) Prohibition on Payment of Compensation.--
              (1) In general.--Except for travel expenses
            (including per diem in lieu of subsistence), no member
            of the Advisory Board should receive compensation for
            services performed as a member of the Board.
              (2) United states representative.--Notwithstanding
            any other provision of law (including an international
            agreement), a representative of the United States on
            the Advisory Board may not accept compensation for
            services performed as a member of the Board, except
            that such representative may accept travel expenses,
            including per diem in lieu of subsistence, while away
            from the representative's home or regular place of
            business in the performance of services for the Board.

                               CHAPTER 2--REPORTS

    SEC. 131.\12\ REPORTS TO CONGRESS.

        (a) Annual Reports by Treasury Secretary.--
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 6831.
    ---------------------------------------------------------------------------
              (1) In general.--Not later than 1 year after the date
            of the enactment of this Act, and annually thereafter
            for the duration of the Trust Fund, the Secretary of
            the Treasury shall submit to the appropriate committees
            of Congress a report on the Trust Fund.
              (2) Report elements.--The report shall include a
            description of--
                      (A) the goals of the Trust Fund;
                      (B) the programs, projects, and activities,
                    including any vaccination approaches, supported
                    by the Trust Fund;
                      (C) private and governmental contributions to
                    the Trust Fund; and
                      (D) the criteria that have been established,
                    acceptable to the Secretary of the Treasury and
                    the Administrator of the United States Agency
                    for International Development, that would be
                    used to determine the programs and activities
                    that should be assisted by the Trust Fund.
        (b) GAO Report on Trust Fund Effectiveness.--Not later than
    2 years after the date of the enactment of this Act, the
    Comptroller General of the United States shall submit to the
    appropriate committees of the Congress a report evaluating the
    effectiveness of the Trust Fund, including--
              (1) the effectiveness of the programs, projects, and
            activities described in subsection (a)(2)(B) in
            reducing the worldwide spread of AIDS; and
              (2) an assessment of the merits of continued United
            States financial contributions to the Trust Fund.
        (c) Appropriate Committees Defined.--In subsection (a), the
    term ``appropriate committees'' means the Committee on Foreign
    Relations and the Committee on Appropriations of the Senate and
    the Committee on International Relations, the Committee on
    Banking and Financial Services, and the Committee on
    Appropriations of the House of Representatives.

                CHAPTER 3--UNITED STATES FINANCIAL PARTICIPATION

    SEC. 141.\13\ AUTHORIZATION OF APPROPRIATIONS.

        (a) In General.--In addition to any other funds authorized
    to be appropriated for multilateral or bilateral programs
    related to HIV/AIDS or economic development, there is
    authorized to be appropriated to the Secretary of the Treasury
    $150,000,000 for each of the fiscal years 2001 and 2002 for
    payment to the Trust Fund.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 6841.
    ---------------------------------------------------------------------------
        (b) Allocation of Funds.--Of the amounts authorized to be
    appropriated by subsection (a) for the fiscal years 2001 and
    2002, $50,000,000 are authorized to be available each such
    fiscal year only for programs that benefit orphans.

    SEC. 142.\14\ CERTIFICATION REQUIREMENT.

        (a) In General.--Prior to the initial obligation or
    expenditure of funds appropriated pursuant to section 141, the
    Secretary of the Treasury shall certify that adequate
    procedures and standards have been established to ensure
    accountability for and monitoring of the use of funds
    contributed to the Trust Fund, including the cost of
    administering the Trust Fund.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 6842.
    ---------------------------------------------------------------------------
        (b) Transmittal of Certification.--The certification
    required by subsection (a), and the bases for that
    certification, shall be submitted by the Secretary of the
    Treasury to Congress.

                  TITLE II--INTERNATIONAL TUBERCULOSIS CONTROL

    SEC. 201.\15\ SHORT TITLE.

        This title may be cited as the ``International Tuberculosis
    Control Act of 2000''.
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

    SEC. 202.\16\ FINDINGS.

        Congress makes the following findings:
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 2151b note.
    ---------------------------------------------------------------------------
              (1) Since the development of antibiotics in the
            1950s, tuberculosis has been largely controlled in the
            United States and the Western World.
              (2) Due to societal factors, including growing urban
            decay, inadequate health care systems, persistent
            poverty, overcrowding, and malnutrition, as well as
            medical factors, including the HIV/AIDS epidemic and
            the emergence of multi-drug resistant strains of
            tuberculosis, tuberculosis has again become a leading
            and growing cause of adult deaths in the developing
            world.
              (3) According to the World Health Organization--
                      (A) in 1998, about 1,860,000 people worldwide
                    died of tuberculosis-related illnesses;
                      (B) one-third of the world's total population
                    is infected with tuberculosis; and
                      (C) tuberculosis is the world's leading
                    killer of women between 15 and 44 years old and
                    is a leading cause of children becoming
                    orphans.
                      (4) Because of the ease of transmission of
                    tuberculosis, its international persistence and
                    growth pose a direct public health threat to
                    those nations that had previously largely
                    controlled the disease. This is complicated in
                    the United States by the growth of the homeless
                    population, the rate of incarceration,
                    international travel, immigration, and HIV/
                    AIDS.
                      (5) With nearly 40 percent of the
                    tuberculosis cases in the United States
                    attributable to foreign-born persons,
                    tuberculosis will never be controlled in the
                    United States until it is controlled abroad.
                      (6) The means exist to control tuberculosis
                    through screening, diagnosis, treatment,
                    patient compliance, monitoring, and ongoing
                    review of outcomes.
                      (7) Efforts to control tuberculosis are
                    complicated by several barriers, including--
                              (A) the labor intensive and lengthy
                            process involved in screening,
                            detecting, and treating the disease;
                              (B) a lack of funding, trained
                            personnel, and medicine in virtually
                            every nation with a high rate of the
                            disease;
                              (C) the unique circumstances in each
                            country, which requires the development
                            and implementation of country-specific
                            programs; and
                              (D) the risk of having a bad
                            tuberculosis program, which is worse
                            than having no tuberculosis program
                            because it would significantly increase
                            the risk of the development of more
                            widespread drug-resistant strains of
                            the disease.
                      (8) Eliminating the barriers to the
                    international control of tuberculosis through a
                    well-structured, comprehensive, and coordinated
                    worldwide effort would be a significant step in
                    dealing with the increasing public health
                    problem posed by the disease.

    SEC. 203. ASSISTANCE FOR TUBERCULOSIS PREVENTION, TREATMENT, CONTROL,
                        AND ELIMINATION.

        Section 104(c) of the Foreign Assistance Act of 1961 (22
    U.S.C. 2151b(c)), as amended by section 111(a) of this Act, is
    further amended by adding at the end the following: * * * \17\
    ---------------------------------------------------------------------------
        \17\ For text of the Foreign Assistance Act of 1961, as amended,
    see beginning at page 15.
    ---------------------------------------------------------------------------

                     TITLE III--ADMINISTRATIVE AUTHORITIES

    SEC. 301. EFFECTIVE PROGRAM OVERSIGHT.

        Section 635 of the Foreign Assistance Act of 1961 (22
    U.S.C. 2395) is amended by adding at the end thereof the
    following new subsection:
        ``(l) The Administrator of the agency primarily responsible
    for administering part I may use funds made available under
    that part to provide program and management oversight for
    activities that are funded under that part and that are
    conducted in countries in which the agency does not have a
    field mission or office.''.

    SEC. 302. TERMINATION EXPENSES.

        Section 617 of the Foreign Assistance Act of 1961 (22
    U.S.C. 2367) is amended to read as follows: * * * \18\
    ---------------------------------------------------------------------------
        \18\ For amended text, see page 277.
         g. Access to HIV/AIDS Pharmaceuticals and Medical Technologies

               Executive Order 13155, May 10, 2000, 65 F.R. 30521

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including sections 141 and chapter 1 of title III of the Trade
    Act of 1974, as amended (19 U.S.C. 2171, 2411-2420), section
    307 of the Public Health Service Act (42 U.S.C. 2421), and
    section 104 of the Foreign Assistance Act of 1961, as amended
    (22 U.S.C. 2151b), and in accordance with executive branch
    policy on health-related intellectual property matters to
    promote access to essential medicines, it is hereby ordered as
    follows:
        Section 1. Policy. (a) In administering sections 301-310 of
    the Trade Act of 1974, the United States shall not seek,
    through negotiation or otherwise, the revocation or revision of
    any intellectual property law or policy of a beneficiary sub-
    Saharan African country, as determined by the President, that
    regulates HIV/AIDS pharmaceuticals or medical technologies if
    the law or policy of the country:
              (1) promotes access to HIV/AIDS pharmaceuticals or
            medical technologies for affected populations in that
            country; and
              (2) provides adequate and effective intellectual
            property protection consistent with the Agreement on
            Trade-Related Aspects of Intellectual Property Rights
            (TRIPS Agreement) referred to in section 101(d)(15) of
            the Uruguay Round Agreements Act (19 U.S.C.
            3511(d)(15)).
        (b) The United States shall encourage all beneficiary sub-
    Saharan African countries to implement policies designed to
    address the underlying causes of the HIV/AIDS crisis by, among
    other things, making efforts to encourage practices that will
    prevent further transmission and infection and to stimulate
    development of the infrastructure necessary to deliver adequate
    health services, and by encouraging policies that provide an
    incentive for public and private research on, and development
    of, vaccines and other medical innovations that will combat the
    HIV/AIDS epidemic in Africa.
        Sec. 2. Rationale: (a) This order finds that:
              (1) since the onset of the worldwide HIV/AIDS
            epidemic, approximately 34 million people living in
            sub-Saharan Africa have been infected with the disease;
              (2) of those infected, approximately 11.5 million
            have died;
              (3) the deaths represent 83 percent of the total HIV/
            AIDS-related deaths worldwide; and
              (4) access to effective therapeutics for HIV/AIDS is
            determined by issues of price, health system
            infrastructure for delivery, and sustainable financing.
        (b) In light of these findings, this order recognizes that:
              (1) it is in the interest of the United States to
            take all reasonable steps to prevent further spread of
            infectious disease, particularly HIV/AIDS;
              (2) there is critical need for effective incentives
            to develop new pharmaceuticals, vaccines, and therapies
            to combat the HIV/AIDS crisis, including effective
            global intellectual property standards designed to
            foster pharmaceutical and medical innovation;
              (3) the overriding priority for responding to the
            crisis of HIV/AIDS in sub-Saharan Africa should be to
            improve public education and to encourage practices
            that will prevent further transmission and infection,
            and to stimulate development of the infrastructure
            necessary to deliver adequate health care services;
              (4) the United States should work with individual
            countries in sub-Saharan Africa to assist them in
            development of effective public education campaigns
            aimed at the prevention of HIV/AIDS transmission and
            infection, and to improve their health care
            infrastructure to promote improved access to quality
            health care for their citizens in general, and
            particularly with respect to the HIV/AIDS epidemic;
              (5) an effective United States response to the crisis
            in sub-Saharan Africa must focus in the short term on
            preventive programs designed to reduce the frequency of
            new infections and remove the stigma of the disease,
            and should place a priority on basic health services
            that can be used to treat opportunistic infections,
            sexually transmitted infections, and complications
            associated with HIV/AIDS so as to prolong the duration
            and improve the quality of life of those with the
            disease;
              (6) an effective United States response to the crisis
            must also focus on the development of HIV/AIDS vaccines
            to prevent the spread of the disease;
              (7) the innovative capacity of the United States in
            the commercial and public pharmaceutical research
            sectors is unmatched in the world, and the
            participation of both these sectors will be a critical
            element in any successful program to respond to the
            HIV/AIDS crisis in sub-Saharan Africa;
              (8) the TRIPS Agreement recognizes the importance of
            promoting effective and adequate protection of
            intellectual property rights and the right of countries
            to adopt measures necessary to protect public health;
              (9) individual countries should have the ability to
            take measures to address the HIV/AIDS epidemic,
            provided that such measures are consistent with their
            international obligations; and
              (10) successful initiatives will require effective
            partnerships and cooperation among governments,
            international organizations, nongovernmental
            organizations, and the private sector, and greater
            consideration should be given to financial, legal, and
            other incentives that will promote improved prevention
            and treatment actions.
        Sec. 3. Scope. (a) This order prohibits the United States
    Government from taking action pursuant to section 301(b) of the
    Trade Act of 1974 with respect to any law or policy in
    beneficiary sub-Saharan African countries that promotes access
    to HIV/AIDS pharmaceuticals or medical technologies and that
    provides adequate and effective intellectual property
    protection consistent with the TRIPS Agreement. However, this
    order does not prohibit United States Government officials from
    evaluating, determining, or expressing concern about whether
    such a law or policy promotes access to HIV/AIDS
    pharmaceuticals or medical technologies or provides adequate
    and effective intellectual property protection consistent with
    the TRIPS Agreement. In addition, this order does not prohibit
    United States Government officials from consulting with or
    otherwise discussing with sub-Saharan African governments
    whether such law or policy meets the conditions set forth in
    section 1(a) of this order. Moreover, this order does not
    prohibit the United States Government from invoking the dispute
    settlement procedures of the World Trade Organization to
    examine whether any such law or policy is consistent with the
    Uruguay Round Agreements, referred to in section 101(d) of the
    Uruguay Round Agreements Act.
        (b) This order is intended only to improve the internal
    management of the executive branch and is not intended to, and
    does not create, any right or benefit, substantive or
    procedural, enforceable at law or equity by a party against the
    United States, its agencies or instrumentalities, its officers
    or employees, or any other person.
                          h. International Debt Relief

        Title V of H.R. 3425 [Miscellaneous Appropriations, enacted by
      reference in sec. 1000(a)(5) of Public Law 106-113; H.R. 3194], 113
                     Stat. 1501, approved November 29, 1999

     A BILL Making miscellaneous appropriations for the fiscal year ending
                  September 30, 1999, 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, 2000, and for other purposes, namely:
              * * * * * * *

                       TITLE V--INTERNATIONAL DEBT RELIEF

    SEC. 501.\1\ ACTIONS TO PROVIDE BILATERAL DEBT RELIEF.

        (a) Cancellation of Debt.--Subject to the availability of
    amounts provided in advance in appropriations Acts, the
    President shall cancel all amounts owed to the United States
    (or any agency of the United States) by any country eligible
    for debt reduction under this section, as a result of loans
    made or credits extended prior to June 20, 1999, under any of
    the provisions of law specified in subsection (b).
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2395a note.
    ---------------------------------------------------------------------------
        (b) Provisions of Law.--The provisions of law referred to
    in subsection (a) are the following:
              (1) Sections 221 and 222 of the Foreign Assistance
            Act.
              (2) The Arms Export Control Act (22 U.S.C. 2751 et
            seq.).
              (3) Section 5(f) of the Commodity Credit Corporation
            Charter Act, section 201 of the Agricultural Trade Act
            of 1978 (7 U.S.C. 5621), or section 202 of such Act (7
            U.S.C. 5622), or predecessor provisions under the Food
            for Peace Act of 1966.
              (4) Title I of the Agricultural Trade Development and
            Assistance Act of 1954 (7 U.S.C. 1701 et seq.).
        (c) Other Debt Reduction Authorities.--The authority
    provided in this section is in addition to any other debt
    relief authority and does not in any way limit such authority.
        (d) Eligible Countries.--A country that is performing
    satisfactorily under an economic reform program shall be
    eligible for cancellation of debt under this section if--
              (1) the country, as of December 31, 2000, is eligible
            to borrow from the International Development
            Association;
              (2) the country, as of December 31, 2000, is not
            eligible to borrow from the International Bank for
            Reconstruction and Development; and
              (3)(A) the country has outstanding public and
            publicly guaranteed debt, the net present value of
            which on December 31, 1996, was at least 150 percent of
            the average annual value of the exports of the country
            for the period 1994 through 1996; or
              (B)(i) the country has outstanding public and
            publicly guaranteed debt, the net present value of
            which, as of the date the President determines that the
            country is eligible for debt relief under this section,
            is at least 150 percent of the annual value of the
            exports of the country; or
              (ii) the country has outstanding public and publicly
            guaranteed debt, the net present value of which, as of
            the date the President determines that the country is
            eligible for debt relief under this section, is at
            least 250 percent of the annual fiscal revenues of the
            country, and has minimum ratios of exports to Gross
            Domestic Product of 30 percent, and of fiscal revenues
            to Gross Domestic Product of 15 percent.
        (e) Priority.--In carrying out subsection (a), the
    President should seek to leverage scarce foreign assistance and
    give priority to heavily indebted poor countries with
    demonstrated need and the capacity to use such relief
    effectively.
        (f) Exceptions.--A country shall not be eligible for
    cancellation of debt under this section if the government of
    the country--
              (1) has an excessive level of military expenditures;
              (2) has repeatedly provided support for acts of
            international terrorism, as determined by the Secretary
            of State under section 6(j)(1) of the Export
            Administration Act of 1979 (50 U.S.C. App. 2405(j)(1))
            or section 620A(a) of the Foreign Assistance Act of
            1961 (22 U.S.C. 2371(a));
              (3) is failing to cooperate on international
            narcotics control matters; or
              (4) (including its military or other security
            forces), engages in a consistent pattern of gross
            violations of internationally recognized human rights.
        (g) Additional Requirement.--A country which is otherwise
    eligible to receive cancellation of debt under this section may
    receive such cancellation only if the country has committed, in
    connection with a social and economic reform program--
              (1) to enable, facilitate, or encourage the
            implementation of policy changes and institutional
            reforms under economic reform programs, in a manner
            that ensures that such policy changes and institutional
            reforms are designed and adopted through transparent
            and participatory processes;
              (2) to adopt an integrated development strategy of
            the type described in section 1624(a) of the
            International Financial Institutions Act, to support
            poverty reduction through economic growth, that
            includes monitorable poverty reduction goals;
              (3) to take steps so that the financial benefits of
            debt relief are applied to programs to combat poverty
            (in particular through concrete measures to improve
            economic infrastructure, basic services in education,
            nutrition, and health, particularly treatment and
            prevention of the leading causes of mortality) and to
            redress environmental degradation;
              (4) to take steps to strengthen and expand the
            private sector, encourage increased trade and
            investment, support the development of free markets,
            and promote broad-scale economic growth;
              (5) to implement transparent policy making and budget
            procedures, good governance, and effective
            anticorruption measures;
              (6) to broaden public participation and popular
            understanding of the principles and goals of poverty
            reduction, particularly through economic growth, and
            good governance; and
              (7) to promote the participation of citizens and
            nongovernmental organizations in the economic policy
            choices of the government.
        (h) Certain Prohibitions Inapplicable.--Except as the
    President may otherwise determine for reasons of national
    security, a cancellation of debt under this section shall not
    be considered to be assistance for purposes of any provision of
    law limiting assistance to a country. The authority to provide
    for cancellation of debt under this section may be exercised
    notwithstanding section 620(r) of the Foreign Assistance Act of
    1961, or any similar provision of law.
        (i) Authorization of Appropriations.--For the cost (as
    defined in section 502(5) of the Federal Credit Reform Act of
    1990) of the cancellation of any debt under this section, there
    are authorized to be appropriated to the President such sums as
    may be necessary for each of the fiscal years 2000 through
    2004, which shall remain available until expended.
        (j) Annual Reports to the Congress.--Not later than
    December 31 of each year, the President shall prepare and
    transmit to the Committees on Banking and Financial Services,
    Appropriations, and International Relations of the House of
    Representatives, and the Committees on Banking, Housing, and
    Urban Affairs, Foreign Relations, and Appropriations of the
    Senate a report, which shall be made available to the public,
    concerning the cancellation of debt under subsection (a), and a
    detailed description of debt relief provided by the United
    States as a member of the Paris Club of Official Creditors for
    the prior fiscal year.

    SEC. 502. ACTIONS TO IMPROVE THE PROVISION OF MULTILATERAL DEBT RELIEF.

        Title XVI of the International Financial Institutions Act
    (22 U.S.C. 262p-262p-5) is amended by adding at the end the
    following: * * * \2\
    ---------------------------------------------------------------------------
        \2\ Sec. 502 added new secs. 1623 and 1624 to the International
    Financial Institutions Act. For text, see Legislation on Foreign
    Relations Through 2000, vol. III.
    ---------------------------------------------------------------------------

    SEC. 503. ACTIONS TO FUND THE PROVISION OF MULTILATERAL DEBT RELIEF.

        (a) Contributions for Debt Reductions for the Poorest
    Countries.--The Bretton Woods Agreements Act (22 U.S.C. 286 et
    seq.) is amended by adding at the end the following: * * * \3\
    ---------------------------------------------------------------------------
        \3\ Sec. 53(a) added a new sec. 62 to the Bretton Woods Agreements
    Act. For text, see Legislation on Foreign Relations Through 2000, vol.
    III.
    ---------------------------------------------------------------------------
        (b) Certification.--Within 15 days after the United States
    Executive Director casts the votes necessary to carry out the
    instruction described in section 62 of the Bretton Woods
    Agreements Act, the Secretary of the Treasury shall certify to
    the Congress that neither the profits nor the earnings on the
    investment of profits from the gold sales made pursuant to the
    instruction or of the funds attributable to United States
    participation in SCA-2 will be used to augment the resources of
    any reserve account of the International Monetary Fund for the
    purpose of making loans.

    SEC. 504.\4\ ADDITIONAL PROVISIONS.

        (a) Publication of IMF Operations Budgets.--The Secretary
    of the Treasury shall instruct the United States Executive
    Director at the International Monetary Fund to use the voice,
    vote, and influence of the United States to urge vigorously the
    International Monetary Fund to publish the operational budgets
    of the International Monetary Fund, on a quarterly basis, not
    later than one year after the end of the period covered by the
    budget.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 262o-2 note.
    ---------------------------------------------------------------------------
        (b) Report to the Congress Showing Costs of United States
    Participation in the International Monetary Fund.--The
    Secretary of the Treasury shall prepare and transmit to the
    Committees on Banking and Financial Services, on
    Appropriations, and on International Relations of the House of
    Representatives and the Committees on Banking, Housing, and
    Urban Affairs, on Foreign Relations, and on Appropriations of
    the Senate a quarterly report, which shall be made readily
    available to the public, on the costs or benefits of United
    States participation in the International Monetary Fund and
    which shall detail the costs and benefits to the United States,
    as well as valuation gains or losses on the United States
    reserve position in the International Monetary Fund.
        (c) Continuation of Forgoing of Reimbursement of IMF for
    Expenses of Administering ESAF.--The Secretary of the Treasury
    shall instruct the United States Executive Director at the
    International Monetary Fund to use the voice, vote, and
    influence of the United States to urge vigorously the
    International Monetary Fund to continue to forgo reimbursements
    of the expenses incurred by the International Monetary Fund in
    administering the Enhanced Structural Adjustment Facility,
    until the Heavily Indebted Poor Countries Initiative (as
    defined in section 1623 of the International Financial
    Institutions Act) is terminated.
        (d) No Gold Sales by International Monetary Fund Without
    Prior Authorization by the Congress.--(1) The first sentence of
    section 5 of the Bretton Woods Agreements Act (22 U.S.C. 286c)
    is amended in clause (g) by striking ``approve either the
    disposition of more than 25 million ounces of Fund gold for the
    benefit of the Trust Fund established by the Fund on May 6,
    1976, or the establishment of any additional trust fund whereby
    resources of the International Monetary Fund would be used for
    the special benefit of a single member, or of a particular
    segment of the membership, of the Fund.'' and inserting
    ``approve any disposition of Fund gold, unless the Secretary
    certifies to the Congress that such disposition is necessary
    for the Fund to restitute gold to its members, or for the Fund
    to provide liquidity that will enable the Fund to meet member
    country claims on the Fund or to meet threats to the systemic
    stability of the international financial system.''.
        (2) Not less than 30 days prior to the entrance by the
    United States into international negotiations for the purpose
    of reaching agreement on the disposition of Fund gold whereby
    resources of the Fund would be used for the special benefit of
    a single member, or of a particular segment of the membership
    of the Fund, the Secretary of the Treasury shall consult with
    the Committees on Banking and Financial Services, on
    Appropriations, and on International Relations of the House of
    Representatives and the Committees on Foreign Relations, on
    Appropriations, and on Banking, Housing and Urban Affairs of
    the Senate.
        (e) Annual Report by GAO on Consistency of IMF Practices
    with Statutory Policies.--The Comptroller General of the United
    States shall annually prepare and submit to the Congress of the
    United States a written report on the extent to which the
    practices of the International Monetary Fund are consistent
    with the policies of the United States, as expressly contained
    in Federal law applicable to the International Monetary Fund.
                       i. Security Assistance Act of 1999

    Title XII of H.R. 3427 [Admiral James W. Nance and Meg Donovan Foreign
      Relations Authorization Act, Fiscal Years 2000 and 2001; enacted by
      reference in sec. 1000(a)(7) of Public Law 106-113; H.R. 3194], 113
                     Stat. 1501, approved November 29, 1999

      AN ACT To authorize appropriations for the Department of State for
    fiscal years 2000 and 2001; to provide for enhanced security at United
      States diplomatic facilities; to provide for certain arms control,
    nonproliferation, and other national security measures; to provide for
              reform of the United Nations; and for other purposes

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

                         TITLE XII--SECURITY ASSISTANCE

    SEC. 1201.\1\ SHORT TITLE.

        This title may be cited as the ``Security Assistance Act of
    1999''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

                Subtitle A--Transfers of Excess Defense Articles

    SEC. 1211. EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTHERN EUROPEAN
                        COUNTRIES.

        (a) Transportation and Related Costs. * * * \2\
    ---------------------------------------------------------------------------
        \2\ Sec. 1211(a) amended section 105 of Public Law 104-164; see
    Legislation on Foreign Relations Through 2000, vol. I-B.
    ---------------------------------------------------------------------------
        (b) Excess Defense Articles for Greece and Turkey. * * *
    \3\
    ---------------------------------------------------------------------------
        \3\ Sec. 1211(b) amended sec. 516(b)(2) of the Foreign Assistance
    Act of 1961.
    ---------------------------------------------------------------------------

    SEC. 1212. EXCESS DEFENSE ARTICLES FOR CERTAIN OTHER COUNTRIES.

        (a) Uses for Which Funds Are Available.--Notwithstanding
    section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C.
    2321j(e)), during each of the fiscal years 2000 and 2001, funds
    available to the Department of Defense may be expended for
    crating, packing, handling, and transportation of excess
    defense articles transferred under the authority of section 516
    of that Act to Estonia, Georgia, Hungary, Kazakhstan,
    Kyrgyzstan, Latvia, Lithuania, Moldova, Poland, Slovakia,
    Ukraine, and Uzbekistan.
        (b) Content of Congressional Notification.--Each
    notification required to be submitted under section 516(f) of
    the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(f)) with
    respect to a proposed transfer of a defense article described
    in subsection (a) shall include an estimate of the amount of
    funds to be expended under subsection (a) with respect to that
    transfer.
    ---------------------------------------------------------------------------
        \4\ Sec. 1213 amended sec. 516(g)(1) of the Foreign Assistance Act
    of 1961.
    ---------------------------------------------------------------------------

    SEC. 1213. INCREASE IN ANNUAL LIMITATION ON TRANSFER OF EXCESS DEFENSE
                        ARTICLES. * * * \4\

                 Subtitle B--Foreign Military Sales Authorities

    SEC. 1221. TERMINATION OF FOREIGN MILITARY TRAINING. * * * \5\
    ---------------------------------------------------------------------------

        \5\ Sec. 1221 amended sec. 617 of the Foreign Assistance Act of
    1961.
    ---------------------------------------------------------------------------

    SEC. 1222. SALES OF EXCESS COAST GUARD PROPERTY. * * * \6\
    ---------------------------------------------------------------------------

        \6\ Sec. 1222 amended sec. 21(a)(1) of the Arms Export Control Act.
    ---------------------------------------------------------------------------

    SEC. 1223. COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES. * * * \7\
    ---------------------------------------------------------------------------

        \7\ Sec. 1223 amended sec. 22(d) of the Arms Export Control Act.
    ---------------------------------------------------------------------------

    SEC. 1224. NOTIFICATION OF UPGRADES TO DIRECT COMMERCIAL SALES. * * *
                        \8\
    ---------------------------------------------------------------------------

        \8\ Sec. 1224 amended sec. 36(c) of the Arms Export Control Act.
    ---------------------------------------------------------------------------

    SEC. 1225. UNAUTHORIZED USE OF DEFENSE ARTICLES. * * * \9\
    ---------------------------------------------------------------------------

        \9\ Sec. 1225 amended sec. 3 of the Arms Export Control Act.
    ---------------------------------------------------------------------------

       Subtitle C--Stockpiling of Defense Articles for Foreign Countries

    SEC. 1231. ADDITIONS TO UNITED STATES WAR RESERVE STOCKPILES FOR
                        ALLIES. * * * \10\
    ---------------------------------------------------------------------------

        \10\ Sec. 1231 amended sec. 514(b) of the Foreign Assistance Act of
    1961.
    ---------------------------------------------------------------------------

    SEC. 1232. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS DEFENSE ARTICLES IN
                        THE WAR RESERVES STOCKPILE FOR ALLIES.

        (a) Items in the Korean Stockpile.--
              (1) In general.--Notwithstanding section 514 of the
            Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the
            President is authorized to transfer to the Republic of
            Korea, in return for concessions to be negotiated by
            the Secretary of Defense, with the concurrence of the
            Secretary of State, any or all of the items described
            in paragraph (2).
              (2) Covered items.--The items referred to in
            paragraph (1) are munitions, equipment, and material
            such as tanks, trucks, artillery, mortars, general
            purpose bombs, repair parts, ammunition, barrier
            material, and ancillary equipment, if such items are--
                      (A) obsolete or surplus items;
                      (B) in the inventory of the Department of
                    Defense;
                      (C) intended for use as reserve stocks for
                    the Republic of Korea; and
                      (D) as of the date of the enactment of this
                    Act, located in a stockpile in the Republic of
                    Korea.
        (b) Items in the Thailand Stockpile.--
              (1) In general.--Notwithstanding section 514 of the
            Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the
            President is authorized to transfer to Thailand, in
            return for concessions to be negotiated by the
            Secretary of Defense, with the concurrence of the
            Secretary of State, any or all of the items described
            in paragraph (2).
              (2) Covered items.--The items referred to in
            paragraph (1) are munitions, equipment, and material
            such as tanks, trucks, artillery, mortars, general
            purpose bombs, repair parts, ammunition, barrier
            material, and ancillary equipment, if such items are--
                      (A) obsolete or surplus items;
                      (B) in the inventory of the Department of
                    Defense;
                      (C) intended for use as reserve stocks for
                    Thailand; and
                      (D) as of the date of the enactment of this
                    Act, located in a stockpile in Thailand.
        (c) Valuation of Concessions.--The value of concessions
    negotiated pursuant to subsections (a) and (b) shall be at
    least equal to the fair market value of the items transferred.
    The concessions may include cash compensation, services, waiver
    of charges otherwise payable by the United States, and other
    items of value.
        (d) Prior Notifications of Proposed Transfers.--Not less
    than 30 days before making a transfer under the authority of
    this section, the President shall transmit to the Committee on
    Foreign Relations of the Senate and the Committee on
    International Relations of the House of Representatives a
    detailed notification of the proposed transfer, which shall
    include an identification of the items to be transferred and
    the concessions to be received.
        (e) Termination of Authority.--No transfer may be made
    under the authority of this section more than 3 years after the
    date of the enactment of this Act.

                  Subtitle D--Defense Offsets Disclosure \11\

              * * * * * * *
    ---------------------------------------------------------------------------
        \11\ Subtitle D, the Defense Offsets Disclosure Act of 1999, may be
    found beginning at page 537.
    ---------------------------------------------------------------------------

    Subtitle E--Automated Export System Relating to Export Information \12\

              * * * * * * *
    ---------------------------------------------------------------------------
        \12\ Subtitle E, the Proliferation Prevention Enhancement Act of
    1999, may be found in For text, see Legislation on Foreign Relations
    Through 2000, vol. II.
    ---------------------------------------------------------------------------

     Subtitle F--International Arms Sales Code of Conduct Act of 1999 \13\

              * * * * * * *
    ---------------------------------------------------------------------------
        \13\ Subtitle F, the International Arms Sales Code of Conduct Act
    of 1999, may be found beginning at page 543.
    ---------------------------------------------------------------------------

       Subtitle G--Transfer of Naval Vessels to Certain Foreign Countries

    SEC. 1271. AUTHORITY TO TRANSFER NAVAL VESSELS.

        (a) Inapplicability of Aggregate Annual Limitation on Value
    of Transferred Excess Defense Articles.--The value of a vessel
    transferred to another country on a grant basis under section
    516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j)
    pursuant to authority provided by section 1018(a) of the
    National Defense Authorization Act for Fiscal Year 2000 shall
    not be counted for the purposes of section 516(g) of the
    Foreign Assistance Act of 1961 in the aggregate value of excess
    defense articles transferred to countries under that section in
    any fiscal year.
        (b) Technical and Conforming Amendments. * * * \14\
    ---------------------------------------------------------------------------
        \14\ Subsec. (b) amended sec. 1018 of the National Defense
    Authorization Act for Fiscal Year 2000. For text, see Legislation on
    Foreign Relations Through 2000, vol. I-B.
    ---------------------------------------------------------------------------
              * * * * * * *
                   j. Defense Offsets Disclosure Act of 1999

     Subtitle D of title XII of H.R. 3427 [Admiral James W. Nance and Meg
      Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
     2001; enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
             H.R. 3194], 113 Stat. 1501, approved November 29, 1999

      AN ACT To authorize appropriations for the Department of State for
    fiscal years 2000 and 2001; to provide for enhanced security at United
      States diplomatic facilities; to provide for certain arms control,
    nonproliferation, and other national security measures; to provide for
              reform of the United Nations; and for other purposes

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

                     Subtitle D--Defense Offsets Disclosure

    SEC. 1241. SHORT TITLE.

        This subtitle may be cited as the ``Defense Offsets
    Disclosure Act of 1999''.

    SEC. 1242. FINDINGS AND DECLARATION OF POLICY.

        (a) Findings.--Congress makes the following findings:
              (1) A fair business environment is necessary to
            advance international trade, economic stability, and
            development worldwide, is beneficial for American
            workers and businesses, and is in the United States
            national interest.
              (2) In some cases, mandated offset requirements can
            cause economic distortions in international defense
            trade and undermine fairness and competitiveness, and
            may cause particular harm to small- and medium-sized
            businesses.
              (3) The use of offsets may lead to increasing
            dependence on foreign suppliers for the production of
            United States weapons systems.
              (4) The offset demands required by some purchasing
            countries, including some close allies of the United
            States, equal or exceed the value of the base contract
            they are intended to offset, mitigating much of the
            potential economic benefit of the exports.
              (5) Offset demands often unduly distort the prices of
            defense contracts.
              (6) In some cases, United States contractors are
            required to provide indirect offsets which can
            negatively impact nondefense industrial sectors.
              (7) Unilateral efforts by the United States to
            prohibit offsets may be impractical in the current era
            of globalization and would severely hinder the
            competitiveness of the United States defense industry
            in the global market.
              (8) The development of global standards to manage and
            restrict demands for offsets would enhance United
            States efforts to mitigate the negative impact of
            offsets.
        (b) Declaration of Policy.--It is the policy of the United
    States to monitor the use of offsets in international defense
    trade, to promote fairness in such trade, and to ensure that
    foreign participation in the production of United States
    weapons systems does not harm the economy of the United States.

    SEC. 1243. DEFINITIONS.

        In this subtitle:
              (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means--
                      (A) the Committee on Foreign Relations of the
                    Senate; and
                      (B) the Committee on International Relations
                    of the House of Representatives.
              (2) G-8.--The term ``G-8'' means the group consisting
            of France, Germany, Japan, the United Kingdom, the
            United States, Canada, Italy, and Russia established to
            facilitate economic cooperation among the eight major
            economic powers.
              (3) Offset.--The term ``offset'' means the entire
            range of industrial and commercial benefits provided to
            foreign governments as an inducement or condition to
            purchase military goods or services, including benefits
            such as coproduction, licensed production,
            subcontracting, technology transfer, in-country
            procurement, marketing and financial assistance, and
            joint ventures.
              (4) Transatlantic economic partnership.--The term
            ``Transatlantic Economic Partnership'' means the joint
            commitment made by the United States and the European
            Union to reinforce their close relationship through an
            initiative involving the intensification and extension
            of multilateral and bilateral cooperation and common
            actions in the areas of trade and investment.
              (5) Wassenaar arrangement.--The term ``Wassenaar
            Arrangement'' means the multilateral export control
            regime in which the United States participates that
            seeks to promote transparency and responsibility with
            regard to transfers of conventional armaments and
            sensitive dual-use items.
              (6) World trade organization.--The term ``World Trade
            Organization'' means the organization established
            pursuant to the WTO Agreement.
              (7) WTO agreement.--The term ``WTO Agreement'' means
            the Agreement Establishing the World Trade Organization
            entered into on April 15, 1994.

    SEC. 1244. SENSE OF CONGRESS.

        It is the sense of Congress that--
              (1) the executive branch should pursue efforts to
            address trade fairness by establishing reasonable,
            business-friendly standards for the use of offsets in
            international business transactions between the United
            States and its trading partners and competitors;
              (2) the Secretary of Defense, the Secretary of State,
            the Secretary of Commerce, and the United States Trade
            Representative, or their designees, should raise with
            other industrialized nations at every suitable venue
            the need for transparency and reasonable standards to
            govern the role of offsets in international defense
            trade;
              (3) the United States Government should enter into
            discussions regarding the establishment of multilateral
            standards for the use of offsets in international
            defense trade through the appropriate multilateral
            fora, including such organizations as the Transatlantic
            Economic Partnership, the Wassenaar Arrangement, the G-
            8, and the World Trade Organization; and
              (4) the United States Government, in entering into
            the discussions described in paragraph (3), should take
            into account the distortions produced by the provision
            of other benefits and subsidies, such as export
            financing, by various countries to support defense
            trade.
    ---------------------------------------------------------------------------
        \1\ Sec. 1245 amended sec. 36 of the Arms Export Control Act.
        \2\ Sec. 1246 amended sec. 39A of the Arms Export Control Act.
    ---------------------------------------------------------------------------

    SEC. 1245. REPORTING OF OFFSET AGREEMENTS. * * * \1\

    SEC. 1246. EXPANDED PROHIBITION ON INCENTIVE PAYMENTS. * * * \2\

    SEC. 1247. ESTABLISHMENT OF REVIEW COMMISSION.

        (a) In General.--There is established a National Commission
    on the Use of Offsets in Defense Trade (in this section
    referred to as the ``Commission'') to address all aspects of
    the use of offsets in international defense trade.
        (b) Commission Membership.--Not later than 120 days after
    the date of enactment of this Act, the President, with the
    concurrence of the Majority and Minority Leaders of the Senate
    and the Speaker and Minority Leader of the House of
    Representatives, shall appoint 11 individuals to serve as
    members of the Commission. Commission membership shall
    include--
              (1) representatives from the private sector,
            including--
                      (A) one each from--
                              (i) a labor organization,
                              (ii) a United States defense
                            manufacturing company dependent on
                            foreign sales,
                              (iii) a United States company
                            dependent on foreign sales that is not
                            a defense manufacturer, and
                              (iv) a United States company that
                            specializes in international
                            investment, and
                      (B) two members from academia with widely
                    recognized expertise in international
                    economics; and
              (2) five members from the executive branch, including
            a member from--
                      (A) the Office of Management and Budget,
                      (B) the Department of Commerce,
                      (C) the Department of Defense,
                      (D) the Department of State, and
                      (E) the Department of Labor.
    The member designated from the Office of Management and Budget
    shall serve as Chairperson of the Commission. The President
    shall ensure that the Commission is nonpartisan and that the
    full range of perspectives on the subject of offsets in the
    defense industry is adequately represented.
        (c) Dutied.--The Commission shall be responsible for
    reviewing and reporting on--
              (1) the full range of current practices by foreign
            governments in requiring offsets in purchasing
            agreements and the extent and nature of offsets offered
            by United States and foreign defense industry
            contractors;
              (2) the impact of the use of offsets on defense
            subcontractors and nondefense industrial sectors
            affected by indirect offsets; and
              (3) the role of offsets, both direct and indirect, on
            domestic industry stability, United States trade
            competitiveness and national security.
        (d) Commission Report.--Not later than 12 months after the
    Commission is established, the Commission shall submit a report
    to the appropriate congressional committees. In addition to the
    items described under subsection (c), the report shall
    include--
              (1) an analysis of--
                      (A) the collateral impact of offsets on
                    industry sectors that may be different than
                    those of the contractor providing the offsets,
                    including estimates of contracts and jobs lost
                    as well as an assessment of damage to
                    industrial sectors;
                      (B) the role of offsets with respect to
                    competitiveness of the United States defense
                    industry in international trade and the
                    potential damage to the ability of United
                    States contractors to compete if offsets were
                    prohibited or limited; and
                      (C) the impact on United States national
                    security, and upon United States
                    nonproliferation objectives, of the use of
                    coproduction, subcontracting, and technology
                    transfer with foreign governments or companies
                    that results from fulfilling offset
                    requirements, with particular emphasis on the
                    question of dependency upon foreign nations for
                    the supply of critical components or
                    technology;
              (2) proposals for unilateral, bilateral, or
            multilateral measures aimed at reducing any detrimental
            effects of offsets; and
              (3) an identification of the appropriate executive
            branch agencies to be responsible for monitoring the
            use of offsets in international defense trade.
        (e) Period of Appointment; Vacancies.--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.
        (f) Initial Meeting.--Not later than 30 days after the date
    on which all members of the Commission have been appointed, the
    Commission shall hold its first meeting.
        (g) Meetings.--The Commission shall meet at the call of the
    Chairman.
        (h) Commission Personnel Matters.--
              (1) Compensation of members.--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) Travel expenses.--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) Staff.--
                      (A) In general.--The Chairman of the
                    Commission may, without regard to the civil
                    service laws and regulations, appoint and
                    terminate an executive director and such other
                    additional personnel as may be necessary to
                    enable the Commission to perform its duties.
                    The employment of an executive director shall
                    be subject to confirmation by the Commission.
                      (B) Compensation.--The Chairman of the
                    Commission may fix the compensation of the
                    executive director and other personnel 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,
                    except that the rate of pay for the executive
                    director and other personnel may not exceed the
                    rate payable for level V of the Executive
                    Schedule under section 5316 of such title.
              (4) Detail of government employees.--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.
              (5) Procurement of temporary and intermittent
            services.--The Chairman of the Commission may procure
            temporary and intermittent services under section
            3109(b) of title 5, United States Code, at rates for
            individuals which do not exceed the daily equivalent of
            the annual rate of basic pay prescribed for level V of
            the Executive Schedule under section 5316 of such
            title.
        (i) Termination.--The Commission shall terminate 30 days
    after the transmission of the report from the President as
    mandated in section 1248(b).

    SEC. 1248. MULTILATERAL STRATEGY TO ADDRESS OFFSETS.

        (a) In General.--The President shall initiate a review to
    determine the feasibility of establishing, and the most
    effective means of negotiating, a multilateral treaty on
    standards for the use of offsets in international defense
    trade, with a goal of limiting all offset transactions that are
    considered injurious to the economy of the United States.
        (b) Report Required.--Not later than 90 days after the date
    on which the Commission submits the report required under
    section 1247(d), the President shall submit to the appropriate
    congressional committees a report containing the President's
    determination pursuant to subsection (a), and, if the President
    determines a multilateral treaty is feasible or desirable, a
    strategy for United States negotiation of such a treaty. One
    year after the date the report is submitted under the preceding
    sentence, and annually thereafter for 5 years, the President
    shall submit to the appropriate congressional committees a
    report detailing the progress toward reaching such a treaty.
        (c) Required Information.--The report required by
    subsection (b) shall include--
              (1) a description of the United States efforts to
            pursue multilateral negotiations on standards for the
            use of offsets in international defense trade;
              (2) an evaluation of existing multilateral fora as
            appropriate venues for establishing such negotiations;
              (3) a description on a country-by-country basis of
            any United States efforts to engage in negotiations to
            establish bilateral treaties or agreements with respect
            to the use of offsets in international defense trade;
            and
              (4) an evaluation on a country-by-country basis of
            any foreign government efforts to address the use of
            offsets in international defense trade.
        (d) Comptroller General Review.--The Comptroller General of
    the United States shall monitor and periodically report to
    Congress on the progress in reaching a multilateral treaty.
            k. International Arms Sales Code of Conduct Act of 1999

     Subtitle F of title XII of H.R. 3427 [Admiral James W. Nance and Meg
      Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
     2001; enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
             H.R. 3194], 113 Stat. 1501, approved November 29, 1999

      AN ACT To authorize appropriations for the Department of State for
    fiscal years 2000 and 2001; to provide for enhanced security at United
      States diplomatic facilities; to provide for certain arms control,
    nonproliferation, and other national security measures; to provide for
              reform of the United Nations; and for other purposes

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

        Subtitle F--International Arms Sales Code of Conduct Act of 1999

    SEC. 1261. SHORT TITLE.

        This subtitle may be cited as the ``International Arms
    Sales Code of Conduct Act of 1999''.

    SEC. 1262. INTERNATIONAL ARMS SALES CODE OF CONDUCT.

        (a) Negotiations.--The President shall attempt to achieve
    the foreign policy goal of an international arms sales code of
    conduct. The President shall take the necessary steps to begin
    negotiations within appropriate international fora not later
    than 120 days after the date of the enactment of this Act. The
    purpose of these negotiations shall be to establish an
    international regime to promote global transparency with
    respect to arms transfers, including participation by countries
    in the United Nations Register of Conventional Arms, and to
    limit, restrict, or prohibit arms transfers to countries that
    do not observe certain fundamental values of human liberty,
    peace, and international stability.
        (b) Criteria.--The President shall consider the following
    criteria in the negotiations referred to in subsection (a):
              (1) Promotes democracy.--The government of the
            country--
                      (A) was chosen by and permits free and fair
                    elections;
                      (B) promotes civilian control of the military
                    and security forces and has civilian
                    institutions controlling the policy, operation,
                    and spending of all law enforcement and
                    security institutions, as well as the armed
                    forces;
                      (C) promotes the rule of law and provides its
                    nationals the same rights that they would be
                    afforded under the United States Constitution
                    if they were United States citizens; and
                      (D) promotes the strengthening of political,
                    legislative, and civil institutions of
                    democracy, as well as autonomous institutions
                    to monitor the conduct of public officials and
                    to combat corruption.
              (2) Respects human rights.--The government of the
            country--
                      (A) does not persistently engage in gross
                    violations of internationally recognized human
                    rights, including--
                              (i) extrajudicial or arbitrary
                            executions;
                              (ii) disappearances;
                              (iii) torture or severe mistreatment;
                              (iv) prolonged arbitrary
                            imprisonment;
                              (v) systematic official
                            discrimination on the basis of race,
                            ethnicity, religion, gender, national
                            origin, or political affiliation; and
                              (vi) grave breaches of international
                            laws of war or equivalent violations of
                            the laws of war in internal armed
                            conflicts;
                      (B) vigorously investigates, disciplines, and
                    prosecutes those responsible for gross
                    violations of internationally recognized human
                    rights;
                      (C) permits access on a regular basis to
                    political prisoners by international
                    humanitarian organizations;
                      (D) promotes the independence of the
                    judiciary and other official bodies that
                    oversee the protection of human rights;
                      (E) does not impede the free functioning of
                    domestic and international human rights
                    organizations; and
                      (F) provides access on a regular basis to
                    humanitarian organizations in situations of
                    conflict or famine.
              (3) Not engaged in certain acts of armed
            aggression.--The government of the country is not
            engaged in acts of armed aggression in violation of
            international law.
              (4) Not supporting terrorism.--The government of the
            country does not provide support for international
            terrorism.
              (5) Not contributing to proliferation of weapons of
            mass destruction.--The government of the country does
            not contribute to the proliferation of weapons of mass
            destruction.
              (6) Regional location of country.--The country is not
            located in a region in which arms transfers would
            exacerbate regional arms races or international
            tensions that present a danger to international peace
            and stability.
        (c) Reports to Congress.--
              (1) Report relating to negotiations.--Not later than
            6 months after the commencement of the negotiations
            under subsection (a), and not later than the end of
            every 6-month period thereafter until an agreement
            described in subsection (a) is concluded, the President
            shall report to the Committee on International
            Relations of the House of Representatives and the
            Committee on Foreign Relations of the Senate on the
            progress made during these negotiations.
              (2) Human rights reports.--In the report required in
            sections 116(d) and 502B(b) of the Foreign Assistance
            Act of 1961 (22 U.S.C. 2151n(b) and 2304(b)), the
            Secretary of State shall describe the extent to which
            the practices of each country evaluated meet the
            criteria in paragraphs (1)(A) and (2) of subsection
            (a).
                           l. Torture Victims Relief

             (1) Torture Victims Relief Reauthorization Act of 1999

      Public Law 106-87 [H.R. 2367], 113 Stat. 1301, approved November 3,
                                      1999

    AN ACT To reauthorize a comprehensive program of support for victims of
                                    torture.

        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 ``Torture Victims Relief
    Reauthorization Act of 1999''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

    SEC. 2. FOREIGN TREATMENT CENTERS FOR VICTIMS OF TORTURE.

        (a) Authorization of Appropriations.--Of the amounts
    authorized to be appropriated for fiscal years 2001, 2002, and
    2003 pursuant to chapter 1 of part I of the Foreign Assistance
    Act of 1961, there are authorized to be appropriated to the
    President $10,000,000 for fiscal year 2001, $10,000,000 for
    fiscal year 2002, and $10,000,000 for fiscal year 2003 to carry
    out section 130 of the Foreign Assistance Act of 1961.
        (b) Availability of Funds.--Amounts appropriated pursuant
    to this section shall remain available until expended.

    SEC. 3. DOMESTIC TREATMENT CENTERS FOR VICTIMS OF TORTURE.

        (a) Authorization of Appropriations.--Of the amounts
    authorized to be appropriated for the Department of Health and
    Human Services for fiscal years 2001, 2002, and 2003, there are
    authorized to be appropriated to carry out subsection (a) of
    section 5 of the Torture Victims Relief Act of 1998 (22 U.S.C.
    2152) $10,000,000 for fiscal year 2001, $10,000,000 for fiscal
    year 2002, and $10,000,000 for fiscal year 2003.
        (b) Availability of Funds.--Amounts appropriated pursuant
    to this section shall remain available until expended.

    SEC. 4. MULTILATERAL ASSISTANCE.

        (a) Funding.--Of the amounts authorized to be appropriated
    for fiscal years 2001, 2002, and 2003 for ``Voluntary
    Contributions to International Organizations'' pursuant to
    chapter 3 of part I of the Foreign Assistance Act of 1961,
    there are authorized to be appropriated for a United States
    contribution to the United Nations Voluntary Fund for Victims
    of Torture (in this section referred to as the ``Fund'') the
    following amounts for the following fiscal years:
              (1) Fiscal year 2001.--For fiscal year 2001,
            $5,000,000.
              (2) Fiscal year 2002.--For fiscal year 2002,
            $5,000,000.
              (3) Fiscal year 2003.--For fiscal year 2003,
            $5,000,000.
        (b) Availability of Funds.--Amounts appropriated pursuant
    to subsection (a) shall remain available until expended.
        (c) Sense of the Congress.--It is the sense of the Congress
    that the President, acting through the United States Permanent
    Representative to the United Nations, should--
              (1) request the Fund--
                      (A) to find new ways to support and protect
                    treatment centers and programs that are
                    carrying out rehabilitative services for
                    victims of torture; and
                      (B) to encourage the development of new such
                    centers and programs;
              (2) use the voice and vote of the United States to
            support the work of the Special Rapporteur on Torture
            and the Committee Against Torture established under the
            Convention Against Torture and Other Cruel, Inhuman or
            Degrading Treatment or Punishment; and
              (3) use the voice and vote of the United States to
            establish a country rapporteur or similar procedural
            mechanism to investigate human rights violations in a
            country if either the Special Rapporteur or the
            Committee Against Torture indicates that a systematic
            practice of torture is prevalent in that country.

    SEC. 5. REPORTING REQUIREMENT.

        Not later than 90 days after the enactment of this Act, the
    Secretary of State shall submit a report to the Committee on
    Foreign Relations of the Senate and the Committee on
    International Relations of the House of Representatives on the
    specialized training for foreign service officers required by
    section 7 of the Torture Victims Relief Act of 1998 (Public Law
    105-320). The report shall include detailed information
    regarding--
              (1) efforts by the Department of State to implement
            the specialized training requirement;
              (2) the curriculum that is being used in the
            specialized training;
              (3) the number of foreign service officers who have
            received the specialized training as of the date of the
            report; and
              (4) the nongovernmental organizations that have been
            involved in the development of the specialized training
            curriculum or in providing the specialized training,
            and the nature and extent of that involvement.

    SEC. 6. TECHNICAL AMENDMENTS RELATING TO THE SECOND SECTION 129 OF THE
                        FOREIGN ASSISTANCE ACT OF 1961.

        (a) Amendment to Foreign Assistance Act of 1961.--The
    second section 129 of the Foreign Assistance Act of 1961, as
    added by section 4(a) of the Torture Victims Relief Act of 1998
    (Public Law 105-320), is redesignated as section 130.
        (b) Amendment to Torture Victims Relief Act of 1998.--
    Section 4(b)(1) of the Torture Victims Relief Act of 1998 is
    amended by striking ``section 129 of the Foreign Assistance Act
    of 1961, as added by subsection (a)'' and inserting ``section
    130 of the Foreign Assistance Act of 1961 (as redesignated by
    section 6(a) of the Torture Victims Relief Reauthorization Act
    of 1999)''.
                     (2) Torture Victims Relief Act of 1998

     Public Law 105-320 [H.R. 4309], 112 Stat. 3016, approved October 30,
          1998; amended by Public Law 106-87 [Torture Victims Relief
       Reauthorization Act of 1999; H.R. 2367], 113 Stat. 1301, approved
                                November 3, 1999

      AN ACT To provide a comprehensive program of support for victims of
                                    torture.

        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 ``Torture Victims Relief Act
    of 1998''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2152 note.
    ---------------------------------------------------------------------------

    SEC. 2.\1\ FINDINGS.

        Congress makes the following findings:
              (1) The American people abhor torture by any
            government or person. The existence of torture creates
            a climate of fear and international insecurity that
            affects all people.
              (2) Torture is the deliberate mental and physical
            damage caused by governments to individuals to destroy
            individual personality and terrorize society. The
            effects of torture are long term. Those effects can
            last a lifetime for the survivors and affect future
            generations.
              (3) By eliminating the leadership of their opposition
            and frightening the general public, repressive
            governments often use torture as a weapon against
            democracy.
              (4) Torture survivors remain under physical and
            psychological threats, especially in communities where
            the perpetrators are not brought to justice. In many
            nations, even those who treat torture survivors are
            threatened with reprisals, including torture, for
            carrying out their ethical duty to provide care. Both
            the survivors of torture and their treatment providers
            should be accorded protection from further repression.
              (5) A significant number of refugees and asylees
            entering the United States have been victims of
            torture. Those claiming asylum deserve prompt
            consideration of their applications for political
            asylum to minimize their insecurity and sense of
            danger. Many torture survivors now live in the United
            States. They should be provided with the rehabilitation
            services which would enable them to become productive
            members of our communities.
              (6) The development of a treatment movement for
            torture survivors has created new opportunities for
            action by the United States and other nations to oppose
            state-sponsored and other acts of torture.
              (7) There is a need for a comprehensive strategy to
            protect and support torture victims and their treatment
            providers, together with overall efforts to eliminate
            torture.
              (8) By acting to heal the survivors of torture and
            protect their families, the United States can help to
            heal the effects of torture and prevent its use around
            the world.

    SEC. 3.\1\ DEFINITION.

        As used in this Act, the term ``torture'' has the meaning
    given the term in section 2340(1) of title 18, United States
    Code, and includes the use of rape and other forms of sexual
    violence by a person acting under the color of law upon another
    person under his custody or physical control.

    SEC. 4.\1\ FOREIGN TREATMENT CENTERS.

        (a) Amendments to the Foreign Assistance Act of 1961.--Part
    I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
    seq.) is amended by adding at the end of chapter 1 the
    following new section: * * * \2\
    ---------------------------------------------------------------------------
        \2\ Sec. 4(a) added a new sec. 129 (22 U.S.C. 2152) to the Foreign
    Assistance Act of 1961. Public Law 106-87 (113 Stat. 1302) subsequently
    redesignated the section as sec. 130.
    ---------------------------------------------------------------------------
        (b) Funding.--
              (1) Authorization of appropriations.--Of the amounts
            authorized to be appropriated for fiscal years 1999 and
            2000 pursuant to chapter 1 of part I of the Foreign
            Assistance Act of 1961, there are authorized to be
            appropriated to the President $5,000,000 for fiscal
            year 1999 and $7,500,000 for fiscal year 2000 to carry
            out section 130 of the Foreign Assistance Act of 1961
            (as redesignated by section 6(a) of the Torture Victims
            Relief Reauthorization Act of 1999).\3\
    ---------------------------------------------------------------------------
        \3\ Sec. 6(b) of Public Law 106-87 (113 Stat. 1302) struck out
    ``section 129 of the Foreign Assistance Act of 1961, as added by
    subsection (a)'' and inserted in lieu thereof ``section 130 of the
    Foreign Assistance Act of 1961 (as redesignated by section 6(a) of the
    Torture Victims Relief Reauthorization Act of 1999)''.
    ---------------------------------------------------------------------------
              (2) Availability of funds.--Amounts appropriated
            pursuant to this subsection shall remain available
            until expended.
        (c) Effective Date.--The amendment made by subsection (a)
    shall take effect October 1, 1998.

    SEC. 5.\1\ DOMESTIC TREATMENT CENTERS.

        (a) Assistance for Treatment of Torture Victims.--The
    Secretary of Health and Human Services may provide grants to
    programs in the United States to cover the cost of the
    following services:
              (1) Services for the rehabilitation of victims of
            torture, including treatment of the physical and
            psychological effects of torture.
              (2) Social and legal services for victims of torture.
              (3) Research and training for health care providers
            outside of treatment centers, or programs for the
            purpose of enabling such providers to provide the
            services described in paragraph (1).
        (b) Funding.--
              (1) Authorization of appropriations.--Of the amounts
            authorized to be appropriated for the Department of
            Health and Human Services for fiscal years 1999 and
            2000, there are authorized to be appropriated to carry
            out subsection (a) (relating to assistance for domestic
            centers and programs for the treatment of victims of
            torture) $5,000,000 for fiscal year 1999, and
            $7,500,000 for fiscal year 2000.
              (2) Availability of funds.--Amounts appropriated
            pursuant to this subsection shall remain available
            until expended.

    SEC. 6.\1\ MULTILATERAL ASSISTANCE.

        (a) Funding.--Of the amounts authorized to be appropriated
    for fiscal years 1999 and 2000 pursuant to chapter 3 of part I
    of the Foreign Assistance Act of 1961, there are authorized to
    be appropriated to the United Nations Voluntary Fund for
    Victims of Torture (in this section referred to as the
    ``Fund'') the following amounts for the following fiscal years:
              (1) Fiscal year 1999.--For fiscal year 1999,
            $3,000,000.
              (2) Fiscal year 2000.--For fiscal year 2000,
            $3,000,000.
        (b) Availability of Funds.--Amounts appropriated pursuant
    to subsection (a) shall remain available until expended.
        (c) Sense of the Congress.--It is the sense of the Congress
    that the President, acting through the United States Permanent
    Representative to the United Nations, should--
              (1) request the Fund--
                      (A) to find new ways to support and protect
                    treatment centers and programs that are
                    carrying out rehabilitative services for
                    victims of torture; and
                      (B) to encourage the development of new such
                    centers and programs;
              (2) use the voice and vote of the United States to
            support the work of the Special Rapporteur on Torture
            and the Committee Against Torture established under the
            Convention Against Torture and Other Cruel, Inhuman or
            Degrading Treatment or Punishment; and
              (3) use the voice and vote of the United States to
            establish a country rapporteur or similar procedural
            mechanism to investigate human rights violations in a
            country if either the Special Rapporteur or the
            Committee Against Torture indicates that a systematic
            practice of torture is prevalent in that country.

    SEC. 7.\1\ SPECIALIZED TRAINING FOR FOREIGN SERVICE OFFICERS.

        (a) In General.--The Secretary of State shall provide
    training for foreign service officers with respect to--
              (1) the identification of torture;
              (2) the identification of the surrounding
            circumstances in which torture is most often practiced;
              (3) the long-term effects of torture upon a victim;
              (4) the identification of the physical, cognitive,
            and emotional effects of torture, and the manner in
            which these effects can affect the interview or hearing
            process; and
              (5) the manner of interviewing victims of torture so
            as not to retraumatize them, eliciting the necessary
            information to document the torture experience, and
            understanding the difficulties victims often have in
            recounting their torture experience.
        (b) Gender-Related Considerations.--In conducting training
    under subsection (a)(4) or (5), gender-specific training shall
    be provided on the subject of interacting with women and men
    who are victims of torture by rape or any other form of sexual
    violence.
                      m. India-Pakistan Relief Act of 1998

     Section 101(a), Title IX, of Public Law 105-277 [Omnibus Consolidated
      and Emergency Supplemental Appropriations Act for Fiscal Year 1999;
      H.R. 4328], 112 Stat. 2681, approved October 21, 1998; repealed by
    Public Law 106-79 [Department of Defense Appropriations Act, 2000; H.R.
                2561], 113 Stat. 1212, approved October 25, 1999

              Note.--Sec. 9001(f) of the Department of Defense
            Appropriations Act, 2000 (113 Stat. 1284) repealed the
            India-Pakistan Relief Act of 1998 in its entirety. See,
            however, sec. 9001(a) through (e) of that Act, laid out
            in notes at sec. 101 of the Arms Export Control Act,
            and in volume I-B of this compilation, which extends
            for an indefinite period of time the President's
            authority to waive certain sanctions imposed against
            India and Pakistan pursuant to sections 101 or 102 of
            the Arms Export Control Act, section 2(b)(4) of the
            Export-Import Bank Act of 1945, or section 620E(e) of
            the Foreign Assistance Act of 1961, as amended.

                    n. Agriculture Export Relief Act of 1998

      Public Law 105-194 [S. 2282], 112 Stat. 627, approved July 14, 1998

      AN ACT To amend the Arms Export Control Act, 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 ``Agriculture Export Relief
    Act of 1998''.

    SEC. 2. SANCTIONS EXEMPTIONS.

        (a) Exemption Regarding Food and Other Agricultural
    Commodity Purchases.--Section 102(b)(2)(D) of the Arms Export
    Control Act (22 U.S.C. 2799aa-1(b)(2)(D)) is amended as
    follows:
              (1) In clause (i) by striking ``or'' at the end.
              (2) In clause (ii) by striking the period and
            inserting ``, or''.
              (3) By inserting after clause (ii) the following new
            clause:
                      ``(iii) to any credit, credit guarantee, or
                    financial assistance provided by the Department
                    of Agriculture to support the purchase of food
                    or other agricultural commodity.''.
        (b) Description of Agricultural Commodities.--Section
    102(b)(2)(F) of such Act is amended by striking the period at
    the end and inserting ``, which includes fertilizer.''.
        (c) Other Exemptions.--Section 102(b)(2)(D)(ii) of such Act
    is further amended by inserting after ``to'' the following:
    ``medicines, medical equipment, and''.
        (d) Application of Amendments.--The amendment made by
    subsection (a)(3) shall apply to any credit, credit guarantee,
    or other financial assistance provided by the Department of
    Agriculture before, on, or after the date of enactment of this
    Act through September 30, 1999.
        (e) Effect on Existing Sanctions.--Any sanction imposed
    under section 102(b)(1) of the Arms Export Control Act before
    the date of the enactment of this Act shall cease to apply upon
    that date with respect to the items described in the amendments
    made by subsections (b) and (c). In the case of the amendment
    made by subsection (a)(3), any sanction imposed under section
    102(b)(1) of the Arms Export Control Act before the date of the
    enactment of this Act shall not be in effect during the period
    beginning on that date and ending on September 30, 1999, with
    respect to the activities and items described in the amendment.
           o. Miscellaneous Authorization--Fiscal Years 1996 and 1997

        Partial text of Public Law 104-164 [H.R. 3121], 110 stat. 1421,
        approved July 21, 1996; amended by Public Law 105-277 [Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
      1999 (sec. 101(d) of division A); and European Security Act (title
     XXVII of division G; H.R. 4328], 112 Stat. 2681, approved October 21,
    1998; and by Public Law 106-113 [Security Assistance Act of 1999, title
      XII of the Admiral James W. Nance and Meg Donovan Foreign Relations
     Authorization Act, Fiscal Years 2000 and 2001; H.R. 3427, enacted by
     reference in sec. 1000(a)(7) of Public Law 106-113], 113 Stat. 1501,
                           approved November 29, 1999

              Note.--Except for the provisions noted below, this
            Act consists of amendments to the Foreign Assistance
            Act of 1961 and the Arms Export Control Act. Title II,
            relating to the transfer of naval vessels to foreign
            countries, may be found in Legislation on Foreign
            Relations Through 2000, vol. I-B.

    AN ACT To amend the Foreign Assistance Act of 1961 and the Arms Export
       Control Act to make improvements to certain defense and security
     assistance provisions under those Acts, to authorize the transfer of
      naval vessels to certain foreign countries, and for other purposes.

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

    SECTION 1. TABLE OF CONTENTS.

        The table of contents of this Act is as follows: * * *

                    TITLE I--DEFENSE AND SECURITY ASSISTANCE

                   CHAPTER 1--MILITARY AND RELATED ASSISTANCE

              * * * * * * *

    SEC. 105. EXCESS DEFENSE ARTICLES FOR CERTAIN EUROPEAN COUNTRIES.

        Notwithstanding section 516(e) of the Foreign Assistance
    Act of 1961, as added by this Act, during each of the fiscal
    years 2000 and 2001,\1\ funds available to the Department of
    Defense may be expended for crating, packing, handling, and
    transportation of excess defense articles transferred under the
    authority of section 516 of such Act to countries that are
    eligible to participate in the Partnership for Peace and that
    are eligible for assistance under the Support for East European
    Democracy (SEED) Act of 1989.
    ---------------------------------------------------------------------------
        \1\ Sec. 1211(a) of the Security Assistance Act of 1999 (title XII
    of the Admiral James W. Nance and Meg Donovan Foreign Relations
    Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
    reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536))
    struck out ``1999 and 2000'' and inserted in lieu thereof ``2000 and
    2001''.
        Previously, sec. 519 of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1999 (division A, sec. 101(d)
    of Public Law 105-277; 112 Stat. 2681) struck out ``1996 and 1997'' and
    inserted in lieu thereof ``1999 and 2000''. Sec. 2703(d) of the
    European Security Act of 1998 (division G, title XXVII of Public Law
    105-277), however, also struck out ``1996 and 1997'' to insert in lieu
    thereof ``1997, 1998, and 1999''.
    ---------------------------------------------------------------------------

            CHAPTER 2--INTERNATIONAL MILITARY EDUCATION AND TRAINING

    SEC. 111. ASSISTANCE FOR INDONESIA.

        Funds made available for fiscal years 1996 and 1997 to
    carry out chapter 5 of part II of the Foreign Assistance Act of
    1961 (22 U.S.C. 2347 et seq.) may be obligated for Indonesia
    only for expanded military and education training that meets
    the requirements of clauses (i) through (iv) of the second
    sentence of section 541 of such Act (22 U.S.C. 2347).
              * * * * * * *

                      CHAPTER 3--ANTITERRORISM ASSISTANCE

              * * * * * * *

    SEC. 122. RESEARCH AND DEVELOPMENT EXPENSES.

        Funds made available for fiscal years 1996 and 1997 to
    carry out chapter 8 of part II of the Foreign Assistance Act of
    1961 (22 U.S.C. 2349aa et seq.; relating to antiterrorism
    assistance) may be made available to the Technical Support
    Working Group of the Department of State for research and
    development expenses related to contraband detection
    technologies or for field demonstrations of such technologies
    (whether such field demonstrations take place in the United
    States or outside the United States).

             CHAPTER 4--INTERNATIONAL NARCOTICS CONTROL ASSISTANCE

              * * * * * * *

    SEC. 132.\2\ NOTIFICATION REQUIREMENT.

        (a) In General.--The authority of section 1003(d) of the
    National Narcotics Control Leadership Act of 1988 (21 U.S.C.
    1502(d)) may be exercised with respect to funds authorized to
    be appropriated pursuant to the Foreign Assistance Act of 1961
    (22 U.S.C. 2151 et seq.) and with respect to the personnel of
    the Department of State only to the extent that the appropriate
    congressional committees have been notified 15 days in advance
    in accordance with the reprogramming procedures applicable
    under section 634A of that Act (22 U.S.C. 2394-1).
    ---------------------------------------------------------------------------
        \2\ 21 U.S.C. 1502 note.
    ---------------------------------------------------------------------------
        (b) Definition.--For purposes of this section, the term
    ``appropriate congressional committees'' means the Committee on
    International Relations and the Committee on Appropriations of
    the House of Representatives and the Committee on Foreign
    Relations and the Committee on Appropriations of the Senate.

    SEC. 133.\3\ WAIVER OF RESTRICTIONS FOR NARCOTICS-RELATED ECONOMIC
                        ASSISTANCE.

        For each of the fiscal years 1996 and 1997, narcotics-
    related assistance under part I of the Foreign Assistance Act
    of 1961 (22 U.S.C. 2151 et seq.) may be provided
    notwithstanding any other provision of law that restricts
    assistance to foreign countries (other than section 490(e) or
    section 502B of that Act (22 U.S.C. 2291j(e) and 2304)) if, at
    least 15 days before obligating funds for such assistance, the
    President notifies the appropriate congressional committees (as
    defined in section 481(e) of that Act (22 U.S.C. 2291(e))) in
    accordance with the procedures applicable to reprogramming
    notifications under section 634A of that Act (22 U.S.C. 2394-
    1).
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

                          CHAPTER 5--OTHER PROVISIONS

              * * * * * * *

    SEC. 154.\4\ ELIGIBILITY OF PANAMA UNDER THE ARMS EXPORT CONTROL ACT.

        The Government of the Republic of Panama shall be eligible
    to purchase defense articles and defense services under the
    Arms Export Control Act (22 U.S.C. 2751 et seq.), except as
    otherwise specifically provided by law.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 2751 note.
    ---------------------------------------------------------------------------
              * * * * * * *

      TITLE II--TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES \5\

              * * * * * * *
    ---------------------------------------------------------------------------
        \5\ For text of title II, see Legislation on Foreign Relations
    Through 2000, vol. I-B.
                  p. Jobs Through Trade Expansion Act of 1994

        Partial text of Public Law 103-392 [H.R. 4950], 108 Stat. 4098,
                           approved October 22, 1994

              Note.--Except for the provisions noted below, the
            Jobs Through Trade Expansion Act of 1994 consists of
            amendments to the Foreign Assistance Act of 1961,
            Export Administration Amendments Act of 1985, and
            Export Enhancement Act of 1988. These amendments have
            been incorporated into those Acts at the appropriate
            locations.

      AN ACT To extend the authorities of the Overseas Private Investment
                      Corporation, and for other purposes.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Jobs Through Trade Expansion
    Act of 1994''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------
              * * * * * * *

           TITLE V--INTERNATIONAL PROTECTION OF INTELLECTUAL PROPERTY

    SEC. 501.\2\ ESTABLISHMENT OF PROGRAM.

        (a) In General.--In carrying out part I of the Foreign
    Assistance Act of 1961 and other relevant foreign assistance
    laws, the President, acting through the Administrator of the
    United States Agency for International Development, shall
    establish a program of training and other technical assistance
    to assist foreign countries in--
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2151t-1.
    ---------------------------------------------------------------------------
              (1) developing and strengthening laws and regulations
            to protect intellectual property; and
              (2) developing the infrastructure necessary to
            implement and enforce such laws and regulations.
        (b) Participation of Other Agencies.--The Administrator of
    the United States Agency for International Development--
              (1) shall utilize the expertise of the Patent and
            Trademark Office and other agencies of the United
            States Government in designing and implementing the
            program of assistance provided for in this section;
              (2) shall coordinate assistance under this section
            with efforts of other agencies of the United States
            Government to increase international protection of
            intellectual property, including implementation of
            international agreements containing high levels of
            protection of intellectual property; and
              (3) shall consult with the heads of such other
            agencies in determining which foreign countries will
            receive assistance under this section.
                      q. Jobs Through Exports Act of 1992

        Partial text of Public Law 102-549 [H.R. 4996], 106 Stat. 3651,
       approved October 28, 1992; amended by Public Law 104-66 [Federal
      Reports Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707,
                           approved December 21, 1995

              Note.--Except for the provisions noted below, the
            Jobs Through Exports Act of 1992 consists of amendments
            to the Foreign Assistance Act of 1961, Trade and
            Development Enhancement Act of 1983, Agricultural Trade
            Development and Assistance Act of 1954, and 5 USC.
            These amendments have been incorporated into those Acts
            and sections of the USC at the appropriate locations.

      AN ACT To extend the authorities of the Overseas Private Investment
                      Corporation, and for other purposes.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Jobs Through Exports Act of
    1992''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                     TITLE II--TRADE AND DEVELOPMENT AGENCY

              * * * * * * *

    SEC. 202. RENAMING OF TRADE AND DEVELOPMENT PROGRAM; CONFORMING
                        CHANGES.

        (a) \2\ Renaming of Trade and Development Program.--The
    Trade and Development Program shall, on or after the effective
    date of this section, be known as the Trade and Development
    Agency.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2421 note.
    ---------------------------------------------------------------------------
        (b) Appointment of Present Director Not Affected.--The
    enactment of this title shall not affect the appointment of the
    individual who is the Director of the Trade and Development
    Program on the effective date of this section.
        (c) * * *
        (d) * * *
        (e) \2\ Reference in Other Laws.--Any reference in any law
    to the Trade and Development Program shall be deemed to be a
    reference to the Trade and Development Agency.

                   TITLE III--AID, TRADE, AND COMPETITIVENESS

    SEC. 301.\3\ SHORT TITLE.

        This title may be cited as the ``Aid, Trade, and
    Competitiveness Act of 1992''.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2421a note.
    ---------------------------------------------------------------------------

    SEC. 302.\4\ CAPITAL PROJECTS OFFICE WITHIN THE AGENCY FOR
                        INTERNATIONAL DEVELOPMENT.

        (a) Establishment of Office.--The Administrator of AID
    shall establish a capital projects office to carry out the
    purposes described in subsection (b).
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 2421a.
    ---------------------------------------------------------------------------
        (b) Purposes of Office.--The purposes referred to in
    subsection (a) are--
              (1) to develop an AID program that would focus solely
            on developmentally sound capital projects, taking into
            consideration development needs of the host country and
            the export opportunities for the United States; and
              (2) to consider specifically opportunities for United
            States high-technology firms, including small- and
            medium-sized firms, in supporting capital projects for
            developing countries and for countries making the
            transition from nonmarket to market economies.
        (c) Activities of AID.--The Administrator of AID (acting
    through the capital projects office), in coordination with the
    appropriate members of the Trade Promotion Coordination
    Committee--
              (1) shall support capital projects in developing
            countries and in countries making the transition from
            nonmarket to market economies;
              (2) shall periodically review infrastructure needs in
            developing countries and countries making the
            transition from nonmarket to market economies and shall
            explore opportunities for United States firms in the
            development of new capital projects in these countries,
            keeping both United States firms and the Congress
            informed of these reviews;
              (3) shall ensure that each capital project for which
            AID provides funding is developmentally sound, as
            determined under the criteria developed by the
            Development Assistance Committee of the Organization
            for Economic Cooperation and Development;
              (4) shall coordinate its activities with other AID
            offices, and work with AID country missions, in
            developing capital projects that provide opportunities
            for United States firms consistent with AID's primary
            mission to help developing countries with traditional
            development projects;
              (5) shall coordinate, where appropriate, funds
            available to AID for tied-aid purposes; and
              (6) shall play a special role in helping to meet the
            infrastructure needs of countries making the transition
            from nonmarket to market economies by meeting the
            challenge of infrastructure assistance provided by
            foreign governments to those countries, including by
            undertaking a comprehensive study of the infrastructure
            needs of the various countries making the transition
            from nonmarket to market economies--
                      (A) to identify those sectors in the
                    economies of these countries that are most in
                    need of rebuilding, and
                      (B) to identify the state of technology in
                    these countries and the opportunity for United
                    States high technology firms to help develop a
                    technological infrastructure in these
                    countries, including an assessment of export
                    opportunities for United States high technology
                    companies.
    The results of the study conducted pursuant to paragraph (6)
    shall be reported to the appropriate congressional committees
    within 12 months after the date of the enactment of this Act.

    SEC. 303.\5\ CAPITAL PROJECTS FOR POVERTY ALLEVIATION AND ENVIRONMENTAL
                        SAFETY AND SUSTAINABILITY.

        (a) Purposes.--The Administrator of AID shall develop a
    program, in accordance with subsection (b), that focuses on
    developmentally sound capital projects for basic infrastructure
    that will measurably alleviate the worst manifestations of
    poverty or directly promote environmental safety and
    sustainability at the community level, taking into
    consideration development needs of the host country and export
    opportunities for services and goods from the United States.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 2421b.
    ---------------------------------------------------------------------------
        (b) Activities of AID.--In order to carry out subsection
    (a), the Administrator of AID shall, working with AID technical
    support staff, regional bureau staff, and country missions,
    identify and provide funding for capital projects to alleviate
    the worst manifestations of poverty or to promote environmental
    safety and sustainability at the community level in countries
    receiving assistance under part I of the Foreign Assistance Act
    of 1961. Such projects may include basic sanitation systems,
    basic water supply and treatment, pollution control, and rural
    infrastructure benefiting poor communities or establishing
    environmentally sustainable patterns of rural development. Such
    projects should have measurable positive effects on indicators
    of human and environmental health.

    SEC. 304.\6\ COORDINATION.

        The President shall use the Trade Promotion Coordination
    Committee to coordinate activities under this title with other
    relevant activities of the United States Government.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 2421c.
    ---------------------------------------------------------------------------

    SEC. 305.\3\ REPORTS TO CONGRESS ON CAPITAL PROJECTS.

        Not later than May 1, 1993, the President shall submit to
    the Congress a report describing--
              (1) the extent to which United States Government
            resources have been expended specifically to support
            the projects described in this title in developing
            countries and countries making the transition from
            nonmarket to market economies;
              (2) the extent to which the activities of the United
            States Government have been coordinated pursuant to
            section 304; and
              (3) the extent to which United States Government
            capital projects and tied-aid credit programs have
            affected United States exports.

    SEC. 306.\7\ FUNDING FOR CAPITAL PROJECTS.

        (a) Funding Level.--The Congress strongly urges the
    President to use at least $650,000,000 for fiscal year 1993 and
    at least $700,000,000 for fiscal year 1994 of the total amounts
    made available for assistance under chapter 4 of part II of the
    Foreign Assistance Act of 1961 (relating to the economic
    support fund), assistance under the Support for East European
    Democracy (SEED) Act of 1989, assistance under the Freedom for
    Russia and Emerging Eurasian Democracies and Open Markets
    Support Act of 1992, and assistance under the Multilateral
    Assistance Initiative for the Philippines, for grants for
    developmentally sound capital projects. Such grants may be
    combined with financing offered by private financial entities
    or other entities.
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 2421d.
    ---------------------------------------------------------------------------
        (b) Development Assistance Capital Projects.--Funds
    appropriated to carry out chapter 1 or chapter 10 of part I of
    the Foreign Assistance Act of 1961 (relating to development
    assistance and the Development Fund for Africa) may not be used
    for capital projects that do not meet the criteria contained in
    section 303 of this Act. This subsection does not apply with
    respect to capital projects for which funds have been obligated
    or expended before the date of the enactment of this Act.

    SEC. 307.\3\ REPORT ON THE FEASIBILITY OF AID CREDIT GUARANTEES TO
                        FINANCE CAPITAL PROJECTS.

        Not later than May 1, 1993, the President shall submit to
    the Committee on Foreign Affairs and the Committee on
    Appropriations of the House of Representatives and the
    Committee on Foreign Relations and the Committee on
    Appropriations of the Senate a report on the feasibility of
    allowing AID to offer credit guarantees for the financing of
    capital projects.

    SEC. 308.\8\ DEFINITIONS.

        For purposes of this title--
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 2421e.
    ---------------------------------------------------------------------------
              (1) the term ``AID'' means the Agency for
            International Development; and
              (2) the term ``capital project'' means a project
            involving the construction, expansion, alteration of,
            or the acquisition of equipment for, a physical
            facility or physical infrastructure, including related
            engineering design (concept and detail) and other
            services, the procurement of equipment (including any
            related services), and feasibility studies or similar
            engineering and economic services.

                   TITLE IV--UNITED STATES COMMERCIAL CENTERS

    SEC. 401.\9\ UNITED STATES COMMERCIAL CENTERS.

        (a) Establishment.--The Secretary of Commerce, in his or
    her role as chairperson of the Trade Promotion Coordinating
    Committee, is authorized and encouraged to establish United
    States Commercial Centers (hereinafter in this section referred
    to as ``Centers'') in Asia, in Latin America, and in Africa.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 4723a.
    ---------------------------------------------------------------------------
        (b) Purpose of the Centers.--The purpose of the Centers
    shall be to provide additional resources for the promotion of
    exports of United States goods and services to the host
    countries, by familiarizing United States exporters with the
    industries, markets, and customs of the host countries, thus
    facilitating commercial ties and trade.
        (c) Functions of the Centers.--Each Center shall--
              (1) collect and publish economic and market data with
            respect to the host country;
              (2) provide, on a user-fee basis, preliminary
            technical and clerical assistance, language
            translation, and administrative assistance, and
            information regarding the legal systems, laws,
            regulations, and procedures of the host country, to
            United States exporters seeking to do business in the
            host country; and
              (3) in other ways promote exports of United States
            goods and services to the host country.
        (d) Specific Services To Be Provided.--To carry out its
    objectives, each Center shall make available the following (on
    a user-fee basis):
              (1) Business facilities.--Business facilities,
            including exhibition space, conference rooms, office
            space (including telephones and other basic office
            equipment), and, where warranted by impeding
            deficiencies in the public system, high quality
            international telecommunications facilities.
              (2) Business services.--Business support services,
            including language translation services, clerical
            services, and a commercial library containing a
            comprehensive collection of reference materials
            covering United States and host country industries and
            markets.
              (3) Commercial law information services.--Commercial
            law information services, including--
                      (A) a clearinghouse for information regarding
                    the relevant commercial laws, practices, and
                    regulations of the host country;
                      (B) publications to assist United States
                    businesses;
                      (C) legal referral services; and
                      (D) lists of local agents and distributors.
        (e) Other Trade Promotion Activities.--Each Center shall
    also promote United States export trade by--
              (1) facilitating contacts between buyers, sellers,
            bankers, traders, distributors, agents, and necessary
            government officials from the United States and the
            host country;
              (2) coordinating trade missions; and
              (3) assisting with applications, contracts, and
            clearances for imports into the host country and
            exports from the United States.
        (f) Staffing of Centers.--Each Center shall be staffed by
    members of the United States and Foreign Commercial Service,
    participants in the Market Development Cooperator Program
    established under section 2303 of the Export Enhancement Act of
    1988 (15 U.S.C. 4723), other employees of the Department of
    Commerce, and employees of appropriate executive branch
    departments and agencies which are members of the Trade
    Promotion Coordinating Committee.
        (g) Center Facilities and Their Relationship to United
    States Department of Commerce Operations in Host Countries.--
              (1) Physical accommodations for the centers.--The
            Secretary of Commerce shall locate each Center in the
            primary commercial city of the host country. The
            Secretary shall acquire office space, exhibition space,
            and other facilities and equipment that are necessary
            for each Center to perform its functions. To the extent
            feasible, each Center shall be located in the central
            commercial district of the host city.
              (2) Consolidation of department of commerce
            operations in host countries.--For the purpose of
            obtaining maximum effectiveness and efficiency and to
            the extent consistent with the purposes of the Centers,
            the Secretary of Commerce is encouraged to place all
            personnel of the Department of Commerce who are
            assigned to the city in which a Center is located in
            the same facilities as those in which the Center
            conducts its activities.
        (h) Use of Market Development Cooperator Program.--The
    Secretary of Commerce shall, to the greatest extent feasible,
    use the Market Development Cooperator Program established under
    section 2303 of the Export Enhancement Act of 1988 (15 U.S.C.
    4723) to assist in carrying out the purposes of the Centers
    established under this section.
        (i) Authorization of Appropriations.--There are authorized
    to be appropriated to the Secretary of Commerce to carry out
    this section $8,000,000 for fiscal year 1993, and $5,500,000
    for fiscal year 1994. Funds made available under this
    subsection may be used for the acquisition of real property.
        (j) \10\ * * * [Repealed--1995]
    ---------------------------------------------------------------------------
        \10\ Sec. 1021(b) of Public Law 104-66 (109 Stat. 707) repealed
    subsec. (j), which had required the Secretary of Commerce to report
    annually to the House Committee on International Relations and the
    Senate Committee on Banking, Housing, and Urban Affairs on the status,
    activities, and effectiveness of the Centers.
    ---------------------------------------------------------------------------
        (k) Definitions.--For purposes of this section--
              (1) the term ``United States exporter'' means--
                      (A) a United States citizen,
                      (B) a corporation, partnership, or other
                    association created under the laws of the
                    United States or of any State, or
                      (C) a foreign corporation, partnership, or
                    other association, more than 95 percent of
                    which is owned by persons described in
                    subparagraphs (A) and (B),
            that exports, or seeks to export, goods or services
            produced in the United States;
              (2) the term ``State'' means any of the several
            States, the District of Columbia, or any commonwealth,
            territory, or possession of the United States; and
              (3) the term ``United States'' means the several
            States, the District of Columbia, and any commonwealth,
            territory, or possession of the United States.

                   TITLE V--OTHER EXPORT PROMOTION ACTIVITIES

    SEC. 501.\11\ ADDITIONAL PROCUREMENT OFFICERS.

        (a) Appointment.--The Secretary of Commerce, in
    consultation with the Secretary of the Treasury, shall appoint
    one or more full-time additional procurement officers, for each
    multilateral development bank, to promote exports of goods and
    services from the United States by doing the following:
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 262s-2 note.
    ---------------------------------------------------------------------------
              (1) Acting as the liaison between the business
            community and one or more multilateral development
            banks, whether or not the banks have offices in the
            United States. The Secretary of Commerce shall ensure
            that the procurement officer has access to, and
            disseminates to United States businesses, information
            relating to projects which are being proposed by the
            multilateral development bank involved, and bid
            specifications and deadlines for projects about to be
            developed by the bank. The procurement officer shall
            make special efforts to disseminate such information to
            small- and medium-sized businesses interested in
            participating in such projects. The procurement officer
            shall explore opportunities for disseminating such
            information through private sector, nonprofit
            organizations.
              (2) Taking actions to assure that United States
            businesses are fully informed of bidding opportunities
            for projects for which loans have been made by the
            multilateral development bank involved.
              (3) Taking actions to assure that United States
            businesses can focus on projects in which they have a
            particular interest or competitive advantage, and to
            permit them to compete and have an equal opportunity in
            submitting timely and conforming bidding documents.
        (b) Definition.--As used in this section, the term
    ``multilateral development bank'' has the meaning given that
    term in section 1701(c) of the International Financial
    Institutions Act (22 U.S.C. 262r(c)).
        (c) Authorization of Appropriations.--There are authorized
    to be appropriated to the Secretary of Commerce $1,000,000 for
    each of the fiscal years 1993 and 1994 to carry out this
    section. Amounts appropriated pursuant to this subsection shall
    be available only for the purpose of making the appointment of
    additional procurement officers required by subsection (a).

                TITLE VI--ENTERPRISE FOR THE AMERICAS INITIATIVE

    SEC. 601.\12\ SHORT TITLE.

        This title may be cited as the ``Enterprise for the
    Americas Act of 1992''.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 2151 note. Title VI, sec. 602, amended the Foreign
    Assistance Act of 1961, adding a new Part IV--Enterprise for the
    Americas Initiative, codified at 22 U.S.C. 2430.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 604.\13\ INTERNATIONAL UNIVERSITY FOR THE AMERICAS.

        (a) Purpose.--The purpose of this section is to promote
    economic integration and the consolidation and strengthening of
    democratic institutions in the Western Hemisphere, and to
    commemorate the 500th anniversary of the discovery of the
    Americas by Christopher Columbus through the establishment of
    an institution of higher education, which shall be known as the
    ``International University for the Americas''.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 2077.
    ---------------------------------------------------------------------------
        (b)  Establishment.--The Secretary of State, in
    consultation with other governments in the Western Hemisphere,
    shall determine the most appropriate location for the
    International University for the Americas. In making that
    determination, the Secretary shall ensure that--
              (1) the location chosen is in the Americas and is
            easily accessible to all peoples in the region; and
              (2) the relevant government--
                      (A) has demonstrated a commitment to economic
                    integration and democratic values though its
                    policies and programs; and
                      (B) has expressed an interest in that
                    location being chosen as a site and has agreed
                    to contribute some amount of assistance, either
                    in cash or kind, toward the costs of developing
                    the institution.
        (c) Faculty, Students, and Curriculum.--In developing the
    bylaws of the International University for the Americas, the
    Secretary of State shall ensure that they contain provisions to
    ensure that faculty and students are drawn from all the nations
    in the Western Hemisphere, and that the curriculum is designed
    to develop expertise in fields that will promote the economic
    integration of the Americas and the consolidation of democracy
    throughout the Hemisphere.
        (d) Annual Report.--The annual reports submitted pursuant
    to section 614 of the Agricultural Trade Development and
    Assistance Act of 1954 (7 U.S.C. 1738mm) shall include a
    progress report on the selection of a site and design for the
    establishment of the International University for the Americas.
        (e) Funding.--Of the funds that are allocated for
    assistance for Latin America and the Caribbean under chapter 1
    of part I of the Foreign Assistance Act of 1961 (relating to
    development assistance) and chapter 4 of part II of that Act
    (relating to the economic support fund), $500,000 may be made
    available to carry out the site location and design phase of
    the International University for the Americas.

                      TITLE VII--TRADE PROMOTION EXPANSION

    SEC. 701. INCREASE IN COMMERCIAL SERVICE OFFICERS IN CERTAIN COUNTRIES.

        (a) Authorization of Appropriations.--In addition to
    amounts otherwise available, there are authorized to be
    appropriated $5,000,000 for each of the fiscal years 1993 and
    1994 for use by the Assistant Secretary of Commerce and
    Director General of the United States and Foreign Commercial
    Service in accordance with subsection (b).
        (b) Use of Funds.--Amounts appropriated pursuant to
    subsection (a) shall be available only for placing and
    maintaining 20 additional Commercial Service Officers abroad.
    The Secretary of Commerce, acting through the Assistant
    Secretary of Commerce and Director General of the United States
    and Foreign Commercial Service, may place such additional
    Commercial Service Officers--
              (1) in countries with which the United States has the
            largest trade deficit, and
              (2) in newly emerging market economy countries, with
            democratically elected governments, in Central and
            Eastern Europe and elsewhere.
        (c) Report to Congress.--The Secretary of Commerce, acting
    through the Assistant Secretary of Commerce and the Director
    General of the United States and Foreign Commercial Service,
    shall, not later than December 31, 1994, submit to the
    Committee on Foreign Affairs of the House of Representatives
    and the Committee on Banking, Housing, and Urban Affairs of the
    Senate on the implementation of subsection (b). Each report
    shall specify--
              (1) in what countries the additional Commercial
            Service Officers were placed, and the number of such
            officers placed in each such country; and
              (2) the effectiveness of the presence of the
            additional Commercial Service Officers in increasing
            United States exports to the countries in which such
            officers were placed.

                         TITLE VIII--GENERAL PROVISIONS

    SEC. 801.\14\ IMPACT ON EMPLOYMENT IN THE UNITED STATES.

        No funds made available to carry out any provision of this
    Act or the amendments made by this Act may be obligated or
    expended for any financial incentive to a business enterprise
    currently located in the United States for the purpose of
    inducing such an enterprise to relocate outside the United
    States, if such incentive or inducement is likely to reduce the
    number of employees in the United States because United States
    production is being replaced by such enterprise outside the
    United States.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

    SEC. 802.\14\ INTERNATIONALLY RECOGNIZED WORKER RIGHTS.

        No funds made available to carry out any provision of this
    Act or the amendments made by this Act may be obligated or
    expended for any project or activity that contributes to the
    violation of internationally recognized workers rights, as
    defined in section 502(a)(4) of the Trade Act of 1974, of
    workers in the recipient country, including any designated zone
    in that country.
       r. Overseas Private Investment Corporation Amendments Act of 1988

      Partial text of S. 2757, enacted into law by reference in sec. 555,
    Public Law 100-461 [H.R. 4637], 102 Stat. 2268-36, approved October 1,
                                    1988 \1\

                TITLE I--OVERSEAS PRIVATE INVESTMENT CORPORATION

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Overseas Private Investment
    Corporation Amendments Act of 1988''.
    ---------------------------------------------------------------------------
        \1\ Sec. 555 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1989 (Public Law 100-461; 102
    Stat. 2268-36), enacted into law by reference title I of H.R. 5263, as
    passed by the House of Representatives on September 20, 1988, and
    provided further:
        ``That notwithstanding any other provision of this Act, titles I
    and III of S. 2757 as reported by the Senate Committee on Foreign
    Relations on September 7, 1988, are hereby enacted into law''.
        Title I of H.R. 5263 and title I of S. 2757, in large part, amended
    chapter 2, title IV of the FA Act of 1961. Sections 109 and 111, shown
    here, were freestanding provisions and were identical in both bills.
        For text of title III of S. 2757 (concerning certain USIA
    programs), see Legislation on Foreign Relations Through 2000, vol. II,
    sec. E.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 109. SMALL AND MINORITY-OWNED BUSINESSES.

        (a) Findings.--The Congress finds that--
              (1) the Overseas Private Investment Corporation has a
            consistent record of encouraging United States business
            investment in the world's developing countries;
              (2) 62 percent of the open projects supported by the
            Corporation during fiscal year 1987 were located in the
            poorest of developing countries; and
              (3) United States small businesses participated in 34
            percent of the open projects supported by the
            Corporation during fiscal year 1987.
        (b) Sense of Congress.--It is the sense of the Congress
    that--
              (1) the Overseas Private Investment Corporation
            should continue to encourage United States small
            businesses to invest in the world's developing
            countries; and
              (2) the Corporation should continue to encourage
            United States small businesses that are minority-owned
            to invest in the world's developing countries as these
            businesses are well suited to the economic and social
            development needs of such countries.
              * * * * * * *

    SEC. 111. OPIC PROGRAMS IN HAITI.

        Prohibitions on United States assistance for Haiti during
    fiscal year 1988 shall not be construed to apply with respect
    to the Overseas Private Investment Corporation unless the
    prohibition specifically states that it applies with respect to
    the Overseas Private Investment Corporation.
                   s. Special Foreign Assistance Act of 1986

     Partial text of Public Law 99-529 [S. 1917], 100 Stat. 3010, approved
      October 24, 1986; amended by Public Law 105-277 [Foreign Relations
    Authorization Act, Fiscal Years 1998 and 1999 (division G, subdivision
           B); H.R. 4328], 112 Stat. 2681, approved October 21, 1998

       AN ACT To promote immunization and oral rehydration in developing
     countries, to promote democracy in Haiti, to protect tropical forests
        and biological diversity in developing countries, to authorize
      increased funding for the Child Survival Fund and for international
             narcotics control assistance, and for other purposes.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Special Foreign Assistance
    Act of 1986''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

      TITLE I--PROMOTING IMMUNIZATION AND ORAL REHYDRATION IN DEVELOPING
                                   COUNTRIES

    SEC. 101. FINDINGS.

        The Congress finds that--
              (1) the United Nations Children's Fund (UNICEF)
            reports that 3.5 million children die annually because
            they have not been immunized against the six major
            childhood diseases: polio, measles, whooping cough,
            diphtheria, tetanus, and tuberculosis;
              (2) at present less than 20 percent of children in
            the developing world are fully immunized against these
            diseases;
              (3) each year more than five million additional
            children are permanently disabled and suffer diminished
            capacities to contribute to the economic, social, and
            political development of their countries because they
            have not been immunized;
              (4) ten million additional childhood deaths from
            immunizable and potentially immunizable diseases could
            be averted annually by the development of techniques in
            biotechnology for new and cost-effective vaccines;
              (5) the World Health Assembly, the Executive Board of
            the United Nations Children's Fund, and the United
            Nations General Assembly are calling upon the nations
            of the world to commit the resources necessary to meet
            the challenge of universal access to childhood
            immunization by 1990;
              (6) at the 1984 ``Bellagio Conference'' it was
            determined that the goal of universal childhood
            immunization by 1990 is indeed achievable; and
              (7) the Congress has expressed its expectation that
            the Agency for International Development will set as a
            goal the immunization by 1990 of at least 80 percent of
            all the children in those countries in which the Agency
            has a program.

    SEC. 102. UNITED STATES PARTICIPATION IN GLOBAL EFFORT.

        (a) United States Government Support.--The Congress calls
    upon the President to direct the Agency for International
    Development, working through the Centers for Disease Control
    and other appropriate Federal agencies, to work in a global
    effort to provide enhanced support toward achieving the goal of
    universal access to childhood immunization by 1990 by--
              (1) assisting in the delivery, distribution, and use
            of vaccines, including--
                      (A) the building of locally sustainable
                    systems and technical capacities in developing
                    countries to reach, by the appropriate age, not
                    less than 80 percent of their annually
                    projected target population with the full
                    schedule of required immunizations; and
                      (B) the development of a sufficient network
                    of indigenous professionals and institutions
                    with responsibility for developing, monitoring,
                    and assessing immunization programs and
                    continually adapting strategies to reach the
                    goal of preventing immunizable diseases; and
              (2) performing, supporting, and encouraging research
            and development activities, both in the public and
            private sector, that will be targeted at developing new
            vaccines and at modifying and improving existing
            vaccines to make them more appropriate for use in
            developing countries.
        (b) Private Sector Support.--In support of this global
    effort, the President should appeal to the people of the United
    States and the United States private sector to support public
    and private efforts to provide the resources necessary to
    achieve universal access to childhood immunization by 1990.

    SEC. 103.\2\ * * *

                     TITLE II--PROMOTING DEMOCRACY IN HAITI

    SEC. 201. FINDINGS CONCERNING HAITI.

        The Congress finds that--
    ---------------------------------------------------------------------------
        \2\ Sec. 103 amended sec. 104(c) of the Foreign Assistance Act of
    1961, fiscal year 1987 funding authorization for Child Survival Fund
    and development assistance for health.
    ---------------------------------------------------------------------------
              (1) the establishment of an interim government in
            Haiti committed to a restoration of democracy provides
            Haiti with an opportunity to build the political,
            social, and economic institutions necessary to promote
            Haiti's development, to provide a better future for the
            people of Haiti, and to provide the framework for more
            effective mutual cooperation with the United States,
            Haiti's neighbor in the Caribbean, and the other
            nations of the Hemisphere;
              (2) the magnitude of the political, economic, and
            social tasks facing the people of Haiti will make the
            achievement of a better future a difficult task which
            will require a determined and sustained effort by the
            Haitian people over a long period of time and will
            require significant external assistance from the United
            States and other donors; and
              (3) it is in the interest of the United States to
            provide appropriate support for the development of
            Haiti, a close neighbor which is one of the world's
            poorest nations and which is committed to the
            establishment of a democratic government.

    SEC. 202. ECONOMIC ASSISTANCE FOR HAITI.

        (a) Earmarking of Funds.--Not less than $108,000,000 of the
    aggregate amounts available for fiscal year 1987 to carry out
    sections 103 through 106 of the Foreign Assistance Act of 1961
    (relating to development assistance), chapter 4 of part II of
    that Act (relating to the Economic Support Fund), and titles I
    and II of the Agricultural Trade Development and Assistance Act
    of 1954 (relating to the Food for Peace Program) shall be
    available only for Haiti.
        (b) Use of Development Assistance.--Assistance under
    sections 103 through 106 of the Foreign Assistance Act of 1961
    which is provided for Haiti pursuant to subsection (a) shall be
    used to support a transition to democracy in Haiti, emphasizing
    foreign investment, job creation (especially in the private
    sector), rural development, health care and sanitation, small-
    scale irrigation, reforestation and land conservation, and
    literacy education. Such assistance should reflect the need to
    distribute development assistance resources more equitably
    among the various regions in Haiti in order to support
    sustainable development in all of Haiti.
        (c) Requirement for Segregated Account for Economic Support
    Assistance Funds Paid to Government of Haiti.--Funds under
    chapter 4 of part II of the Foreign Assistance Act of 1961
    which are made available for Haiti pursuant to subsection (a)
    may be paid to the Government of Haiti only if the Government
    of Haiti will maintain those funds in a separate account and
    not commingle them with other funds.
        (d) Conditions on Economic Support and Development
    Assistance.--Funds may be obligated for assistance for Haiti
    under sections 103 through 106 of chapter 4 of part II of the
    Foreign Assistance Act of 1961 pursuant to subsection (a) only
    if the President determines that the interim Government of
    Haiti--
              (1) is improving the human rights situation in Haiti;
              (2) is implementing its timetable for completion of a
            new constitution that promotes genuine democratic
            reforms and guarantees the fundamental principles of
            democracy;
              (3) is establishing a framework for free and open
            elections leading to a democratically-elected civilian
            government, which would include free and functioning
            political parties and associations, free labor unions,
            and freedom of the press;
              (4) is cooperating fully in implementing United
            States development, food, and other economic assistance
            programs in Haiti (including programs for prior fiscal
            years);
              (5) is maintaining a system of fiscal accountability
            to ensure that all resources allocated to the
            development of Haiti are used in the most effective and
            efficient manner;
              (6) is continuing its investigation of alleged human
            rights abuses and corruption by the Duvalier government
            and is prosecuting, in accordance with due process,
            those responsible for human rights abuses and
            corruption;
              (7) is maintaining a free and independent judiciary
            system;
              (8) is continuing to cooperate with the United States
            in halting illegal emigration to the United States from
            Haiti; and
              (9) is encouraging private sector development.
        (e) \3\ * * *
    ---------------------------------------------------------------------------
        \3\ Subsec. (e) amended the Foreign Assistance Act of 1961, sec.
    401(s)(2), fiscal year 1987 funding authorization for the Inter-
    American Foundation.
    ---------------------------------------------------------------------------
        (f) Additional Assistance for Economic Development in
    Haiti.--In order to assist economic development in Haiti, a
    Foreign Commercial Service officer should be assigned to the
    United States Embassy in Haiti.

    SEC. 203. MILITARY TRAINING AND OTHER NONLETHAL ASSISTANCE FOR HAITI.

        (a) Authorization of Assistance.--Up to $4,000,000 of the
    aggregate amounts available for fiscal year 1987 to carry out
    chapter 2 of part II of the Foreign Assistance Act of 1961
    (relating to grant military assistance), chapter 5 of part II
    of that Act (relating to international military education and
    training), and the Arms Export Control Act (relating to FMS
    assistance) may be made available for Haiti for education,
    training, and other nonlethal assistance (such as
    transportation equipment, communications equipment, and
    uniforms).
        (b) Conditions on Military Assistance.--Funds made
    available pursuant to subsection (a) may be obligated only if
    the President certifies to the Congress the following:
              (1) The Government of Haiti has submitted a formal
            request to the United States specifying a comprehensive
            plan for the reform and reorganization of the mission,
            command, and control structures of the Haitian armed
            forces consistent with a transition to democracy, the
            rule of law, constitutional government, and an elected
            civilian government. Such a plan should include a
            publicly announced commitment by the armed forces of
            Haiti to abide by international human rights standards
            and adoption of a code of conduct to assure adherence
            to these standards.
              (2) The Government of Haiti is making substantial
            efforts--
                      (A) to prevent the involvement of the Haitian
                    armed forces in human rights abuses and
                    corruption by removing from those forces and
                    prosecuting, in accordance with due process,
                    those military personnel responsible for the
                    human rights abuses and corruption;
                      (B) to ensure that freedom of speech and
                    assembly are respected;
                      (C) to conduct investigations into the
                    killings of unarmed civilians in Gonaives,
                    Martissant, and Fort Dimanche, to prosecute, in
                    accordance with due process, those responsible
                    for those killings, and to prevent any similar
                    occurrences in the future;
                      (D) to provide education and training to the
                    Haitian armed forces with respect to
                    internationally recognized human rights and the
                    civil and political rights essential to
                    democracy, in order to enable those forces to
                    function consistent with those rights; and
                      (E) to take steps to implement the policy of
                    the Government of Haiti requiring former
                    members of the Volunteers for National Security
                    (VSN) to turn in their weapons and to take the
                    necessary actions to enforce this requirement.
        (c) \4\ * * * [Repealed--1998]
    ---------------------------------------------------------------------------
        \4\ Sec. 2219(a)(4) of the Foreign Relations Authorization Act,
    Fiscal Years 1998 and 1999 (division G, subdivision B of Public Law
    105-277; 112 Stat. 2681), repealed subsec. (c), which had read as
    follows:
        ``(c) Reports.--Not later than three months after the President
    submits his certification under subsection (b) and every three months
    thereafter, the President shall report to the Congress on the extent to
    which the actions of the Government of Haiti are consistent with each
    of the objectives specified in subsection (b). Half of the assistance
    provided pursuant to subsection (a) shall be withheld from delivery
    until the President submits the first such report.''.
    ---------------------------------------------------------------------------
        (d) Notification to Congress.--Funds made available
    pursuant to subsection (a) may be obligated only if the
    Committee on Appropriations and the Committee on Foreign
    Affairs of the House of Representatives and the Committee on
    Appropriations and the Committee on Foreign Relations of the
    Senate are notified fifteen days in advance.
        (e) Relation to Existing Provision.--Assistance under
    subsection (a) may be provided notwithstanding the limitations
    contained in section 705(e) of the International Security and
    Development Cooperation Act of 1985 and is in addition to the
    assistance allowed under that section.

    SEC. 204. RECOVERY BY HAITI OF ASSETS STOLEN BY DUVALIER REGIME.

        (a) Findings.--The Congress finds that--
              (1) the Government of Haiti believes that former
            president-for-life Jean Claude Duvalier and other
            individuals associated with the Duvalier regime
            illegally diverted to their own use substantial amounts
            of the assets of the Government of Haiti:
              (2) the Government of Haiti is attempting to locate
            and recover those assets through legal means;
              (3) virtually every relevant jurisdiction, both in
            the United States and abroad, requires the posting of
            some form of security to secure the issuance of orders
            of attachment or other judicial seizures of property;
              (4) the Government of Haiti is unable, without
            outside assistance, to post the necessary security
            because of its lack of assets;
              (5) Haiti's economic situation could be significantly
            improved, and the need for external resources reduced,
            if the Government of Haiti is able to pursue its legal
            remedies against those who are in large part
            responsible for the economic crisis in Haiti; and
              (6) the United States has a substantial foreign
            policy interest in helping the Government of Haiti
            recover any assets which were illegally diverted by
            those associated with the Duvalier regime.
        (b) Actions to Assist Haiti.--The President shall exercise
    the authorities granted by section 203 of the International
    Emergency Economic Powers Act (50 U.S.C. App. 1702) to assist
    the Government of Haiti in its efforts to recover, through
    legal proceedings, assets which the Government of Haiti alleges
    were stolen by former president-for-life Jean Claude Duvalier
    and other individuals associated with the Duvalier regime. This
    subsection shall be deemed to satisfy the requirements of
    section 202 of that Act.
               * * * * * * *
       t. International Security and Development Cooperation Act of 1985

       Partial text of Public Law 99-83 [S. 960], 99 Stat. 190, approved
      August 8, 1985 as amended by Public Law 99-399 [Omnibus Diplomatic
      Security and Antiterrorism Act of 1986, H.R. 4151], 100 Stat. 853,
      approved August 27, 1986; Public Law 99-570 [Anti-Drug Abuse Act of
    1986, H.R. 5484], 100 Stat. 3207, approved October 27, 1986; Public Law
    99-591 [Continuing Appropriations Act, 1987; H.J. Res. 738], 100 Stat.
        3341, approved October 30, 1986; Public Law 100-202 [Continuing
      Appropriations Act, 1988; H.J. Res. 395], 101 Stat. 1329, approved
    December 22, 1987; Public Law 101-246 [Foreign Relations Authorization
      Act, Fiscal Years 1990 and 1991; H.R. 3792], 104 Stat. 15, approved
           February 16, 1990; Public Law 102-145 [Further Continuing
     Appropriations, 1992; H.J. Res. 360], 105 Stat. 968, approved October
       28, 1991; Public Law 103-149 [South African Democratic Transition
    Support Act of 1993; H.R. 3225], 107 Stat. 1503, approved November 23,
     1993; Public Law 103-272 [H.R. 1758], 108 Stat. 745, approved July 5,
    1994; and by Public Law 105-277 [Departments of Commerce, Justice, and
      State, the Judiciary and Related Agencies Appropriations Act, 1999
      (division A, sec. 101(b)), and Foreign Relations Authorization Act,
    Fiscal Years 1998 and 1999 (division G, subdivision B); H.R. 4328], 112
                     Stat. 2681, approved October 21, 1998

              Note.--Except for the provisions noted below, the
            International Security and Development Cooperation Act
            of 1985 consists of amendments to the Foreign
            Assistance Act of 1961, the Arms Export Control Act,
            the Peace Corps Act, Public Law 480, and to several
            former foreign aid annual authorization acts. These
            amendments are incorporated into the texts of these
            Acts at the appropriate locations.

     AN ACT To authorize international development and security assistance
     programs and Peace Corps programs for fiscal years 1986 and 1987, and
                              for other purposes.

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

    SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the
    ``International Security and Development Cooperation Act of
    1985''.
              * * * * * * *

          TITLE I--MILITARY ASSISTANCE AND SALES AND RELATED PROGRAMS

    SEC. 101. FOREIGN MILITARY SALES CREDITS.

        (a) * * *
        (b) * * *
        (c) FMS Financing for Israel.--(1) Of the total amount of
    credits extended under section 23 of the Arms Export Control
    Act, not less than $1,800,000,000 for fiscal year 1986 \1\ and
    not less than $1,800,000,000 for fiscal year 1987 \2\ shall be
    available only for Israel.
    ---------------------------------------------------------------------------
        \1\ Title III of the Foreign Assistance and Related Programs
    Appropriations Act, 1986 (sec. 101(i) of the Further Continuing
    Appropriations Act, 1986; Public Law 99-190; 99 Stat. 1301), provided
    that ``not less than $1,800,000,000 shall be available only for
    Israel.''. The Act further provided that: if the Government of Israel
    requests that funds be used for such purposes, up to $150,000,000 of
    the amount of credits made available for Israel pursuant to this
    paragraph shall be available for research and development in the United
    States for the Lavi program, and not less than $300,000,000 shall be
    for the procurement in Israel of defense articles and services,
    including research and development, for the Lavi program and other
    activities if requested by Israel * * *''.
        \2\ The Foreign Assistance and Related Programs Appropriations Act,
    1987 (sec. 101(f) of the Continuing Appropriations Act, 1987; Public
    Law 99-591; 100 Stat. 3341-224), contained language identical to that
    cited in note 1 and provided further:
        ``That funds for the Lavi program shall be expended upon the
    Department of Defense's determination that the proposed contracts meet
    application technical standards: Provided further, That during fiscal
    year 1987, gross obligations for the principal amount of direct loans,
    exclusive of loan guarantee defaults, shall not exceed $4,040,441,284:
    Provided further, That any funds made available by this paragraph,
    other than funds made available for Israel and Egypt, may be made
    available at concessional rates of interest, notwithstanding section
    31(b)(2) of the Arms Export Control Act''.
    ---------------------------------------------------------------------------
        (2) Israel shall be released from its contractual liability
    to repay the United States Government with respect to the
    credits provided pursuant to paragraph (1).
        (3) If the Government of Israel requests that funds be used
    for such purposes--
              (A) up to $150,000,000 of the amount of credits made
            available for Israel pursuant to paragraph (1) for each
            of the fiscal years 1986 and 1987 shall be available
            for research and development in the United States for
            the Lavi \1\ program, and
              (B) not less than $250,000,000 of the amount of
            credits made available for Israel pursuant to paragraph
            (1) for each of the fiscal years 1986 and 1987 shall be
            available for the procurement in Israel of defense
            articles and defense services (including research and
            development) for the Lavi \1\ program.
        (d) FMS Financing for Egypt.--(1) Of the total amount of
    credits extended under section 23 of the Arms Export Control
    Act, not less than $1,300,000,000 for fiscal year 1986 \3\ and
    not less than $1,300,000,000 for fiscal year 1987 shall be
    available only for Egypt.
    ---------------------------------------------------------------------------
        \3\ Title III of the Foreign Assistance and Related Programs
    Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
    1302), provided an appropriation of $1,300,000,000 for Egypt, as did
    title III of the 1987 version of the Act (Public Law 99-591; 100 Stat.
    3341-224).
    ---------------------------------------------------------------------------
        (2) Egypt shall be released from its contractual liability
    to repay the United States Government with respect to the
    credits extended pursuant to paragraph (1).
        (e) FMS Financing for Greece.--(1) Of the total amount of
    credits extended under section 23 of the Arms Export Control
    Act, $500,000,000 for each of the fiscal years 1986 \4\ and
    1987 shall be available only for Greece.
    ---------------------------------------------------------------------------
        \4\ Title III of the Foreign Assistance and Related Programs
    Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
    1302), provided $450,000,000 for Greece; the 1987 version of the Act
    (Public Law 99-591; 100 Stat. 3341-225) appropriated $343,000,000 for
    Greece.
    ---------------------------------------------------------------------------
        (2) For each of the fiscal years 1986 and 1987, of the
    total amount of credits extended for Greece under section 23 of
    the Arms Export Control Act, Greece shall receive the same
    proportion of credits extended at concessional rates of
    interest as the proportion of credits extended at concessional
    rates of interest which Turkey receives out of the total amount
    of credits extended for Turkey under that section, and the
    average annual rate of interest on the credits extended for
    Greece at concessional rates of interest shall be comparable to
    the average annual rate of interest on the credits extended for
    Turkey at concessional rates of interest. Credits extended for
    Greece for each of the fiscal years 1986 and 1987 at
    concessional rates of interest shall not be counted toward any
    ceiling established by law on concessional financing under the
    Arms Export Control Act.
        (f) FMS Financing and MAP for Turkey.--For each of the
    fiscal years 1986 \5\ and 1987, the aggregate total of
    financing under the Arms Export Control Act and assistance
    under chapter 2 of part II of the Foreign Assistance Act of
    1961 provided for Turkey may not exceed $714,280,000. Of this
    amount, up to $215,000,000 may be used for assistance under
    chapter 2 of part II of the Foreign Assistance Act of 1961,
    with the understanding that the United States Government is
    acting with urgency and determination to oppose any actions
    aimed at effecting a permanent bifurcation of Cyprus.
    ---------------------------------------------------------------------------
        \5\ Title III of the Foreign Assistance and Related Programs
    Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
    1302), provided Foreign Military Sales appropriation of $427,852,000
    for Turkey; the 1987 version of the Act (Public Law 99-591; 100 Stat.
    3341-225) appropriated $490,000 for Turkey.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 106. GUARANTY RESERVE FUND.

        (a) Report on Replenishment.--For the purpose of providing
    recommendations for improving the security interests of the
    United States and the friends and allies of the United States,
    the President shall prepare and transmit to the Congress within
    90 days after the date of enactment of this Act a report which
    sets forth the history of United States foreign military sales
    financing under the Foreign Assistance Act of 1961 and the Arms
    Export Control Act. Such report shall include recommendations
    on replenishing the Guaranty Reserve Fund under section 24 of
    the Arms Export Control Act and recommendations on other
    matters agreed to in consultation with the chairman and ranking
    minority member of the Committee on Foreign Relations of the
    Senate and of the Committee on Foreign Affairs of the House of
    Representatives.
              * * * * * * *

    SEC. 129.\6\ CONVENTIONAL ARMS TRANSFERS.

        (a) Negotiations.--At the earliest possible date, the
    President should, in consultation with United States allies,
    initiate discussions with the Soviet Union and France aimed at
    beginning multilateral negotiations to limit and control the
    transfer of conventional arms to less developed countries.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 2751 note.
    ---------------------------------------------------------------------------
        (b) Report.--Within one year after the date of enactment of
    this Act, the President shall submit to the Speaker of the
    House of Representatives and the chairman of the Committee on
    Foreign Relations of the Senate a report which specifies steps
    being taken to fulfill the requirements of subsection (a) and
    which examines and analyzes United States policies concerning
    the export of conventional arms, especially sophisticated
    weapons, and possible approaches to developing multilateral
    limitations on conventional arms sales. This report shall
    examine and analyze--
              (1) the lessons of earlier efforts to negotiate
            restraints on the export of conventional arms;
              (2) the evolution of supplier practices and policies;
              (3) the evolution of recipient country attitudes
            regarding conventional arms transfers;
              (4) the effect upon regional stability and security
            of conventional arms transfer by the United States and
            its allies and the Soviet Union and its allies;
              (5) the relationship between arms imports and the
            external debt of recipient countries, the allocation of
            their internal resources, and their economic well-
            being;
              (6) the relationship between arms exports by Western
            European countries and the needs of those countries to
            support their domestic military procurement programs;
              (7) the prospects for engaging the Soviet Union in
            serious discussions concerning arms transfers, both
            globally and as they relate to regional security
            problems;
              (8) possible measures by the United States and
            Western European suppliers to control levels of
            sophisticated weapons sales, both regionally and
            globally; and
              (9) the timing and phasing of international
            conventional arms control negotiations.

    SEC. 130.\7\ FOREIGN MILITARY SALES FOR JORDAN.

        (a) Middle East Peace.--The foreign military sales
    financing authorized by this Act for Jordan is provided and
    increased in the recognition of progress Jordan has made in the
    search for a just and lasting peace in the Middle East, to
    encourage further progress, in recognition of the continuing
    defense needs of Jordan, and in the expectation that Jordan
    will enter into direct negotiations with Israel based on United
    Nations Security Council Resolutions 242 and 338 in order to
    resolve the state of war between those two countries.
    ---------------------------------------------------------------------------
        \7\ Sec. 545 of the Foreign Assistance and Related Programs
    Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
    1311), substantively contained the same provisions as this section.
    ---------------------------------------------------------------------------
        (b) Sense of Congress.--It is the sense of the Congress
    that no foreign military sales financing authorized by this Act
    may be used to finance the procurement by Jordan of United
    States advanced aircraft, new air defense weapons systems, or
    other new advanced military weapons systems, and no
    notification may be made pursuant to section 36(b) of the Arms
    Export Control Act with respect to a proposed sale to Jordan of
    United States advanced aircraft, new air defense systems, or
    other new advanced military weapons systems, unless Jordan is
    publicly committed to the recognition of Israel and to
    negotiate promptly and directly with Israel under the basic
    tenets of United Nations Security Council Resolutions 242 and
    338.
        (c) \8\ Certification.--Any notification made pursuant to
    section 36(b) of the Arms Export Control Act with respect to a
    proposed sale to Jordan of United States advanced aircraft, new
    air defense systems, or other new advanced military weapons,
    shall be accompanied by a Presidential certification of
    Jordan's public commitment to the recognition of Israel and to
    negotiate promptly and directly with Israel under the basic
    tenets of United Nations Security Council Resolutions 242 and
    338.
    ---------------------------------------------------------------------------
        \8\ On June 23, 1995, the President certified ``that Jordan is
    publicly committed to the recognition of Israel and to negotiate [sic]
    promptly and directly with Israel under basic tenets of United Nations
    Security Council Resolutions 242 and 338.'' (Presidential Determination
    No. 95-27; 60 F.R. 35461).
    ---------------------------------------------------------------------------

    SEC. 131. CERTIFICATION CONCERNING AWACS SOLD TO SAUDI ARABIA.

        (a) The President's 1981 AWACS Communication to the
    Senate.--(1) The Congress finds that in his October 28, 1981,
    communication to the Senate concerning the proposed sale of
    AWACS aircraft and F15 enhancement items to Saudi Arabia which
    was then being reviewed by the Congress (hereafter in this
    section referred to as the ``1981 AWACS communication''), the
    President stated the following:
            ``Transfer of the AWACS will take place . . . only
            after the Congress has received in writing a
            Presidential certification, containing agreements with
            Saudi Arabia, that the following conditions have been
            met:
            ``1. Security of Technology
              ``A. That a detailed plan for the security of
            equipment, technology, information, and supporting
            documentation has been agreed to by the United States
            and Saudi Arabia and is in place; and
              ``B. The security provisions are no less stringent
            than measures employed by the U.S. for protection and
            control of its equipment of like kind outside the
            continental U.S.; and
              ``C. The U.S. has the right of continual on-site
            inspection and surveillance by U.S. personnel of
            security arrangements for all operations during the
            useful life of the AWACS. It is further provided that
            security arrangements will be supplemented by
            additional U.S. personnel if it is deemed necessary by
            the two parties; and
              ``D. Saudi Arabia will not permit citizens of third
            nations either to perform maintenance on the AWACS or
            to modify any such equipment without prior, explicit
            mutual consent of the two governments; and
              ``E. Computer software, as designated by the U.S.
            Government, will remain the property of the USG.
            ``2. Access to Information
              ``That Saudi Arabia has agreed to share with the
            United States continuously and completely the
            information that it acquires from use of the AWACS.
            ``3. Control Over Third-Country Participation
              ``A. That Saudi Arabia has agreed not to share access
            to AWACS equipment, technology, documentation, or any
            information developed from such equipment or technology
            with any nation other than the U.S. without the prior,
            explicit mutual consent of both governments; and
              ``B. There are in place adequate and effective
            procedures requiring the screening and security
            clearance of citizens of Saudi Arabia and that only
            cleared Saudi citizens and cleared U.S. nationals will
            have access to AWACS equipment, technology, or
            documentation, or information derived therefrom,
            without the prior, explicit mutual consent of the two
            governments.
            ``4. AWACS Flight Operations
              ``That the Saudi AWACS will be operated solely within
            the boundaries of Saudi Arabia, except with the prior,
            explicit mutual consent of the two governments, and
            solely for defensive purposes as defined by the United
            States, in order to maintain security and regional
            stability.
            ``5. Command Structure
              ``That agreements as they concern organizational
            command and control structure for the operation of
            AWACS are of such a nature to guarantee that the
            commitments above will be honored.
            ``6. Regional Peace and Security
              ``That the sale contributes directly to the stability
            and security of the area, enhances the atmosphere and
            prospects for progress toward peace, and that
            initiatives toward the peaceful resolution of disputes
            in the region have either been successfully completed
            or that significant progress toward that goal has been
            accomplished with the substantial assistance of Saudi
            Arabia.''.
        (2) The Congress finds that the President also stated in
    the 1981 AWACS communications that should circumstances arise
    that might require changes in the arrangements described in
    that communication, ``they would be made only with
    Congressional participation''.
        (b) Requirement for Presidential Certification.--As
    provided in the 1981 AWACS communication, before the E3A
    airborne warning and control system (AWACS) aircraft which were
    the subject of that communication are transferred to Saudi
    Arabia, the President shall submit to the Congress a written
    Presidential certification, containing agreements with Saudi
    Arabia, that the conditions set forth in that communication
    have been met.
        (c) Congressional Participation in Changes in AWACS
    Arrangements.--In order to facilitate the congressional
    participation provided for in the 1981 AWACS communication, the
    President shall notify the Congress promptly of any changes
    being considered by the United States in the arrangements
    described in that communication.

    SEC. 132. COOPERATIVE AGREEMENTS ON AIR DEFENSE IN CENTRAL EUROPE.

        (a) General Authorities.--The Secretary of Defense may
    carry out the European air defense agreements. In carrying out
    those agreements, the Secretary--
              (1) may provide without monetary charge to the
            Federal Republic of Germany articles and services as
            specified in the agreements; and
              (2) may accept from the Federal Republic of Germany
            (in return for the articles and services provided under
            paragraph (1)) articles and services as specified in
            the agreements.
        (b) Special Authorities.--In connection with the
    administration of the European air defense agreements, the
    Secretary of Defense may--
              (1) waive any surcharge for administrative services
            otherwise chargeable under section 21(e)(1)(A) of the
            Arms Export Control Act;
              (2) waive any charge not otherwise waived for
            services associated with contract administration for
            the sale under the Arms Export Control Act of Patriot
            air defense missile fire units to the Federal Republic
            of Germany contemplated in the agreements;
              (3) use, to the extent contemplated in the
            agreements, the NATO Maintenance and Supply Agency--
                      (A) for the supply of logistical support in
                    Europe for the Patriot missile system, and
                      (B) for the acquisition of such logistical
                    support,
            to the extent that the Secretary determines that the
            procedures of that Agency governing such supply and
            acquisition are appropriate;
              (4) share, to the extent contemplated in the
            agreements, the costs of setup charges of facilities
            for use by that Agency to perform depot-level support
            of Patriot missile fire units in Europe; and
              (5) delivery to the Federal Republic of Germany one
            Patriot missile fire unit configured for training, to
            be purchased by the Federal Republic of Germany under
            the Arms Export Control Act as contemplated in the
            agreements, without regard to the requirement in
            section 22 of that Act for payment in advance of
            delivery for any purchase under that Act.
        (c) Rate Charged for Certain Services.--Notwithstanding the
    rate required to be charged under section 21 of the Arms Export
    Control Act for services furnished by the United States, in the
    case of 14 Patriot missile fire units which the Federal
    Republic of Germany purchases from the United States under the
    Arms Export Control Act as contemplated in the European air
    defense agreements, the rate charged by the Secretary of
    Defense for packing, crating, handling, and transportation
    services associated with that purchase may not exceed the
    established Department of Defense rate for such services.
        (d) Limitation on Contract Authority.--The authority of the
    Secretary of Defense to enter into contracts under the European
    air defense agreements is available only to the extent that
    appropriated funds, other than those made available under
    section 31 of the Arms Export Control Act, are available for
    that purpose.
        (e) Relation to Fiscal Year 1985 Authorization.--The
    authorities provided by this section are an extension of, and
    not in addition to, the authorities provided by section 1007 of
    the Department of Defense Authorization Act, 1985 (98 Stat.
    2579), relating to the authority of the Secretary of Defense to
    carry out the European air defense agreements during fiscal
    year 1985.
        (f) Definition of European Air Defense Agreements.--For the
    purposes of this section, the term ``European air defense
    agreements'' means--
              (1) the agreement entitled ``Agreement between the
            Secretary of Defense of the United States of America
            and the Minister of Defense of the Federal Republic of
            Germany on Cooperative Measures for Enhancing Air
            Defense for Central Europe'', signed on December 6,
            1983; and
              (2) the agreement entitled ``Agreement between the
            Secretary of Defense of the United States of America
            and the Minister of Defense of the Federal Republic of
            Germany in implementation of the 6 December 1983
            Agreement on Cooperative Measures for Enhancing Air
            Defense for Central Europe'', signed on July 12, 1984.

                        TITLE II--ECONOMIC SUPPORT FUND

              * * * * * * *

    SEC. 202. ASSISTANCE FOR THE MIDDLE EAST.

        (a) Israel.\9\, \10\--(1) Of the amounts
    authorized to be appropriated to carry out chapter 4 of part II
    of the Foreign Assistance Act of 1961, not less than
    $1,200,000,000 for fiscal year 1986 \11\ and not less than
    $1,200,000,000 for fiscal year 1987 shall be available only for
    Israel.
    ---------------------------------------------------------------------------
        \9\ Title II of the Foreign Assistance and Related Programs
    Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190), contained
    the following:
        ``That it is the sense of the Congress that the recommended levels
    of assistance for Egypt and Israel are based in great measure upon
    their continued participation in the Camp David Accords and upon the
    Egyptian-Israeli peace treaty; and that Egypt and Israel are urged to
    continue their efforts to restore a full diplomatic relationship,
    including ambassadors, and achieve realization of the Camp David
    Accords.''.
        Identical language was contained in title II of the 1987 version of
    the Act (Public Law 99-591; 100 Stat. 3341-221).
        \10\ Sec. 532 of the Foreign Assistance and Related Programs
    Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
    1308), provided the following:
        ``Sec. 532. The Congress finds that progress on the peace process
    in the Middle East is vitally important to United States security
    interests in the region. The Congress recognizes that, in fulfilling
    its obligations under the Treaty of Peace Between the Arab Republic of
    Egypt and the State of Israel, done at Washington on March 26, 1979,
    Israel incurred severe economic burdens. Furthermore, the Congress
    recognizes that an economically and militarily secure Israel serves the
    security interests of the United States, for a secure Israel is an
    Israel which has the incentive and confidence to continue pursuing the
    peace process. Therefore, the Congress declares that it is the policy
    and the intention of the United States that the funds provided in
    annual appropriations for the Economic Support Fund which are allocated
    to Israel shall not be less than the annual debt repayment (interest
    and principal) from Israel to the United States Government in
    recognition that such a principle serves United States interests in the
    region.''.
        Section 531 of the 1987 version of the Act (Public Law 99-591; 100
    Stat. 3341-231), contained identical language to sec. 532 above.
        \11\ Title II of the Foreign Assistance and Related Programs
    Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
    1298), provided appropriations for the Economic Support Fund:
        ``* * * not less than $1,200,000,000 shall be available only for
    Israel, which sum shall be available on a grant basis as a cash
    transfer and shall be disbursed within 30 days of enactment of this Act
    or by October 31, 1985, whichever is later * * *.''.
        Title II of the 1987 Act (Public Law 99-591; 100 Stat. 3341-220)
    contained identical language to that above except that the amount is
    ``$1,200,000,000'', and the date is ``October 31, 1986''.
    ---------------------------------------------------------------------------
        (2) The total amounts of funds allocated for Israel under
    that chapter for fiscal year 1986 and fiscal year 1987 shall be
    made available as a cash transfer on a grant basis. Such
    transfer shall be made on an expedited basis in the first 30
    days of the respective fiscal year. In exercising the authority
    of this paragraph, the President shall ensure that the level of
    cash transfer made to Israel does not cause an adverse impact
    on the total level of nonmilitary exports from the United
    States to Israel.
        (b) Egypt.--(1) Of the amounts authorized to be
    appropriated to carry out chapter 4 of part II of the Foreign
    Assistance Act of 1961, not less than $815,000,000 for fiscal
    year 1986 \12\ and not less than $815,000,000 for fiscal year
    1987 shall be available only for Egypt.
    ---------------------------------------------------------------------------
        \12\ Title II of the Foreign Assistance and Related Programs
    Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
    1298), provided the following for Economic Support Fund for Egypt:
        ``not less than $815,000,000 shall be available only for Egypt,
    which sum shall be provided on a grant basis, of which not less than
    $115,000,000 shall be provided as a cash transfer in accordance with
    the provisions of section 202(b) of Public Law 99-83, and not less than
    $200,000,000 shall be provided as a Commodity Import Program:''.
        Title II of the 1987 version of the Act (Public Law 99-591; 100
    Stat. 3341-220) contained identical language, as well as the following:
        ``* * * Provided further, That notwithstanding any other provision
    of law, the Agency for International Development is authorized to
    obligate such funds as it deems necessary in excess of $115,000,000
    from the funds appropriated for assistance to Egypt for the fiscal year
    1987 as direct cash transfer for Egypt: Provided further, That such
    obligations in excess of $115,000,000 shall only be made in support of
    the implementation of a comprehensive structural economic reform
    program by the Government of Egypt: Provided further, That all such
    cash transfers in excess of $115,000,000 shall be subject to the
    regular notification procedures of the Committee on Foreign Affairs of
    the House of Representatives, the Committee on Foreign Relations of the
    Senate, and the Appropriations Committee of the House and Senate:
    Provided further, That such notifications for the provision of cash
    transfers in excess of $115,000,000 shall include detailed descriptions
    of the comprehensive structural economic reform program of the
    Government of Egypt: Provided further, That if the Agency for
    International Development obligates cash transfer assistance for Egypt
    exceeding $115,000,000, as permitted above, then such increased funding
    shall be derived through proportionate reductions in both the Commodity
    Import Program and project assistance: Provided further, That it is the
    sense of the Congress that the recommended levels of assistance for
    Egypt and Israel are based in great measure upon their continued
    participation in the Camp David Accords and upon the Egyptian-Israeli
    peace treaty; and that Egypt and Israel are urged to continue their
    efforts to restore a full diplomatic relationship, including
    ambassadors, and achieve realization of the Camp David Accords: * *
    *''.
    ---------------------------------------------------------------------------
        (2) All of the funds made available to Egypt under that
    chapter for the fiscal years 1986 and 1987 shall be provided on
    a grant basis.
        (3) Up to $115,000,000 of the amounts provided for Egypt
    for each of the fiscal years 1986 and 1987 pursuant to
    paragraph (1) may be provided as a cash transfer with the
    understanding that Egypt will undertake economic reforms or
    development activities which are additional to those which
    would be undertaken in the absence of the cash transfer.
        (c) Cooperative Scientific and Technological Projects.--It
    is the sense of the Congress that, in order to continue to
    build the structure of peace in the Middle East, the United
    States should finance, and where appropriate participate in,
    cooperative projects of a scientific and technological nature
    involving Israel and Egypt and other Middle East countries
    wishing to participate. These cooperative projects should
    include projects in the fields of agriculture, health, energy,
    the environment, education, water resources, and the social
    sciences.

    SEC. 203. ASSISTANCE FOR CYPRUS.

        (a) Earmarks.--Of the amounts authorized to be appropriated
    to carry out chapter 4 of part II of the Foreign Assistance Act
    of 1961, not less than $15,000,000 for fiscal year 1986 \13\
    and not less than $15,000,000 for fiscal year 1987 shall be
    available only for Cyprus.
    ---------------------------------------------------------------------------
        \13\ Title II of the Foreign Assistance and Related Programs
    Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190), provided
    the following for Economic Support Fund for Cyprus for fiscal year
    1986:
        ``* * * of the funds appropriated or otherwise made available under
    this heading, $15,000,000 shall be available only for Cyprus (except
    that any offshore procurement must meet Agency for International
    Development procurement source and origin regulations)''.
        Title II of the 1987 version of the Act (Public Law 99-591; 100
    Stat. 3341-221) provided: ``That not less than $15,000,000 of the funds
    appropriated under this paragraph shall be available for Cyprus''.
    ---------------------------------------------------------------------------
        (b) Cyprus Peace and Reconstruction Fund.--It is the sense
    of the Congress that, at the appropriate time, $250,000,000
    should be authorized to be appropriated to provide assistance
    for Cyprus under chapter 4 of part II of the Foreign Assistance
    Act of 1961 if the President certifies to the Congress that an
    agreement has been concluded by the Greek and Turkish Cypriots
    which is supported by Greece and Turkey and which achieves
    substantial progress toward settlement of the Cyprus dispute.
    Such an agreement should include an agreement on Varosha/
    Famagusta, foreign troop levels in the Republic of Cyprus, the
    disposition of the international airport on Cyprus, or other
    significant steps which are evidence of substantial progress
    toward an overall settlement of the Cyprus dispute.

    SEC. 204. ASSISTANCE FOR PORTUGAL.

        Of the amounts authorized to be appropriated to carry out
    chapter 4 of part II of the Foreign Assistance Act of 1961,
    $80,000,000 for fiscal year 1986 and $80,000,000 for fiscal
    year 1987 shall be available only for Portugal.

    SEC. 205. ACQUISITION OF AGRICULTURAL COMMODITIES UNDER COMMODITY
                        IMPORT PROGRAMS.

        The President shall use not less than 18 percent of the
    funds which are authorized to be appropriated to carry out
    chapter 4 of part II of the Foreign Assistance Act of 1961 for
    each of the fiscal years 1986 and 1987, and which are made
    available for commodity import programs, for the purchase of
    agricultural commodities of United States-origin.

    SEC. 206. TIED AID CREDIT PROGRAM.

        Of the amounts authorized to be appropriated to carry out
    chapter 4 of part II of the Foreign Assistance Act of 1961
    which are allocated for Commodity Import Programs--
              (1) not less than $50,000,000 for fiscal year 1986,
            and
              (2) an aggregate of not less than $100,000,000 for
            both fiscal years 1986 and 1987,
    shall be deposited in the fund authorized by subsection (c)(2)
    of section 645 of the Trade and Development Enhancement Act of
    1983 (12 U.S.C. 635r) and shall be used by the Agency for
    International Development in carrying out the program of tied
    aid credits for United States exports which is provided for in
    that section. Funds that have not been obligated pursuant to
    the tied aid credit program by the end of the third quarter of
    the fiscal year for which they were appropriated may be used
    for other purposes under chapter 4 of part II of the Foreign
    Assistance Act of 1961 if the Administrator of the Agency for
    International Development certifies to the Congress that (A) no
    trade credit application acceptable and timely under the Trade
    and Development Enhancement Act of 1983 is pending, or (B)
    those funds are not needed for that program because other
    countries are not engaging in predatory financing practices in
    order to compete with United States exports.

    SEC. 207. RESTRICTION ON USE OF FUNDS FOR NUCLEAR FACILITIES.

        Funds authorized to be appropriated to carry out chapter 4
    of part II of the Foreign Assistance Act of 1961 for fiscal
    year 1986 or fiscal year 1987 may not be used to finance the
    construction of, the operation or maintenance of, or the
    supplying of fuel for, any nuclear facility in a foreign
    country unless the President certifies to the Congress that
    such country is a party to the Treaty on the Non-Proliferation
    of Nuclear Weapons or the Treaty for the Prohibition of Nuclear
    Weapons in Latin America (the ``Treaty of Tlatelolco''),
    cooperates fully with the International Atomic Energy Agency,
    and pursues nonproliferation policies consistent with those of
    the United States.

    SEC. 208. FISCAL YEAR 1985 SUPPLEMENTAL AUTHORIZATION.

        (a) Authorization.--In addition to the amount appropriated
    for such purpose by Public Law 98-473, there are authorized to
    be appropriated $2,008,000,000 for fiscal year 1985 to carry
    out the purposes of chapter 4 of part II of the Foreign
    Assistance Act of 1961. Of this amount, $1,500,000,000 shall be
    available only for Israel, $500,000,000 shall be available only
    for Egypt, and $8,000,000 shall be available only for the
    Middle East Regional Program. Amounts appropriated pursuant to
    this section are authorized to remain available until September
    30, 1986.
        (b) Effective Date.--This section shall take effect on the
    date of enactment of this Act.

                       TITLE III--DEVELOPMENT ASSISTANCE

              * * * * * * *

    SEC. 305. PROMOTION OF IMMUNIZATION AND ORAL REHYDRATION.

        (a) * * *
        (b) Annual Reports.--Each annual report required by section
    634 of the Foreign Assistance Act of 1961 shall describe the
    progress achieved during the preceding fiscal year in carrying
    out section 104(c)(3) of such Act.
              * * * * * * *

    SEC. 311.\14\ USE OF PRIVATE AND VOLUNTARY ORGANIZATIONS, COOPERATIVES,
                        AND THE PRIVATE SECTOR.

        (a) Study.--The Administrator of the Agency for
    International Development shall undertake a comprehensive study
    of additional ways to provide development assistance through
    nongovernmental organizations, including United States and
    indigenous private and voluntary organizations, cooperatives,
    the business community, and other private entities. Such study
    shall include--
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 2151u note.
    ---------------------------------------------------------------------------
              (1) an analysis of the percentage of development
            assistance allocated to governmental and
            nongovernmental programs;
              (2) an analysis of structural impediments, within
            both the United States and foreign governments, to
            additional use of nongovernmental programs; and
              (3) an analysis of the comparative economic benefits
            of governmental and nongovernmental programs.
        (b) Report.--The Administrator shall report the results of
    this study to the Congress no later than September 30, 1986.
              * * * * * * *

    SEC. 315. MINORITY SET-ASIDE.

        Except to the extent that the Administrator of the Agency
    for International Development determines otherwise, not less
    than 10 percent of the aggregate of the funds made available
    for each of the fiscal years 1986 and 1987 to carry out chapter
    1 of part I of the Foreign Assistance Act of 1961 shall be made
    available only for activities of economically and socially
    disadvantaged enterprises (within the meaning of section
    133(c)(5) of the International Development and Food Assistance
    Act of 1977), historically black colleges and universities, and
    private and voluntary organizations which are controlled by
    individuals who are black Americans, Hispanic Americans, or
    Native Americans, or who are economically and socially
    disadvantaged (within the meaning of section 133(c)(5) (B) and
    (C) of the International Development and Food Assistance Act of
    1977). For purposes of this section, economically and socially
    disadvantaged individuals shall be deemed to include women.

                  TITLE IV--OTHER FOREIGN ASSISTANCE PROGRAMS

              * * * * * * *

    SEC. 402. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS AND
                        PROGRAMS.

        (a) * * *
        (b) Fiscal Year 1985 Contribution to United Nations
    Environment Program.--Notwithstanding section 614 of the
    Foreign Assistance Act of 1961 or any other provision of law,
    $10,000,000 \15\ of the funds appropriated for the fiscal year
    1985 to carry out chapter 3 of part I of such Act shall be
    available only for the United Nations Environment Program. This
    subsection shall take effect on the date of enactment of this
    Act.
    ---------------------------------------------------------------------------
        \15\ Title I of the Foreign Assistance and Related Programs
    Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
    1294), made available $9,000,000.
    ---------------------------------------------------------------------------
              * * * * * * *

         TITLE V--INTERNATIONAL TERRORISM AND FOREIGN AIRPORT SECURITY

                 Part A--International Terrorism Generally \16\

              * * * * * * *

    SEC. 502. COORDINATION OF ALL UNITED STATES TERRORISM-RELATED \17\
                        ASSISTANCE TO FOREIGN COUNTRIES.

        (a) Coordination.--The Secretary of State shall be
    responsible for coordinating all assistance related to
    international terrorism \17\ which is provided by the United
    States Government.
    ---------------------------------------------------------------------------
        \16\ Title II of the Foreign Assistance and Related Programs
    Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
    1300), appropriated $7,420,000 for anti-terrorism assistance for fiscal
    year 1986.
        Title II of the 1987 Act (Public Law 99-591; 100 Stat. 3341-223)
    provided the following:
    ---------------------------------------------------------------------------

                          ``anti-terrorism assistance
    ---------------------------------------------------------------------------
        ``For necessary expenses to carry out the provisions of chapter 8
    of part II, $9,840,000.''.
        In addition, Title I, chapter V of the Urgent Supplemental
    Appropriations Act, 1986 (Public Law 99-349; 100 Stat. 725), provided
    the following:
    ---------------------------------------------------------------------------

                             ``Department of State

                ``anti-terrorism assistance (transfers of funds)
    ---------------------------------------------------------------------------
        ``For an additional amount to carry out the provisions of chapter 8
    of part II of the Foreign Assistance Act of 1961, $2,739,000, to be
    derived by transfer from any of the funds appropriated or otherwise
    made available in titles I, II, III, and IV of the Foreign Assistance
    and Related Programs Appropriations Act, 1986 (as enacted in Public Law
    99-190).''.
        \17\ Sec. 503 of Public Law 99-399 (100 Stat. 871) inserted
    references to ``terrorism-related'' or ``related to international
    terrorism'' in lieu of references to ``anti-terrorism''.
    ---------------------------------------------------------------------------
        (b) Reports.--Not later than February 1 each year, the
    Secretary of State, in consultation with appropriate United
    States Government agencies, shall report to the appropriate
    committees of the Congress on the assistance related to
    international terrorism \17\ which was provided by the United
    States Government during the preceding fiscal year. Such
    reports may be provided on a classified basis to the extent
    necessary, and shall specify the amount and nature of the
    assistance provided.
        (c) \18\ Rule of Construction.--Nothing contained in this
    section shall be construed to limit or impair the authority or
    responsibility of any other Federal agency with respect to law
    enforcement, domestic security operations, or intelligence
    activities as defined in Executive Order 12333.\19\
    ---------------------------------------------------------------------------
        \18\ Subsection (c) was added by sec. 503 of Public Law 99-399 (100
    Stat. 871).
        \19\ For text, see Legislation on Foreign Relations Through 2000,
    vol. II, sec. D.
    ---------------------------------------------------------------------------

    SEC. 503.\20\ PROHIBITION ON ASSISTANCE TO COUNTRIES SUPPORTING
                        INTERNATIONAL TERRORISM. * * *
    ---------------------------------------------------------------------------

        \20\ Sec. 503(a) amended sec. 620A of the FAA of 1961. Sec. 503(b)
    amended sec. 3(f) of the AECA.
    ---------------------------------------------------------------------------

    SEC. 504. PROHIBITION ON IMPORTS FROM AND EXPORTS TO LIBYA.

        (a) Prohibition on Imports.--Notwithstanding any other
    provision of law, the President may prohibit any article grown,
    produced, extracted, or manufactured in Libya from being
    imported into the United States.
        (b) Prohibition on Exports.--Notwithstanding any other
    provision of law, the President may prohibit any goods or
    technology, including technical data or other information,
    subject to the jurisdiction of the United States or exported by
    any person subject to the jurisdiction of the United States,
    from being exported to Libya.
        (c) Definition.--For purposes of this section, the term
    ``United States'', when used in a geographical sense, includes
    territories and possessions of the United States.

    SEC. 505.\21\ BAN ON IMPORTING GOODS AND SERVICES FROM COUNTRIES
                        SUPPORTING TERRORISM.

        (a) Authority.--The President may ban the importation into
    the United States of any good or service from any country which
    supports terrorism or terrorist organizations or harbors
    terrorists or terrorist organizations.
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 2349aa-9.
    ---------------------------------------------------------------------------
        (b) Consultation.--The President, in every possible
    instance, shall consult with the Congress before exercising the
    authority granted by this section and shall consult regularly
    with the Congress so long as that authority is being exercised.
        (c) Reports.--Whenever the President exercises the
    authority granted by this section, he shall immediately
    transmit to the Congress a report specifying--
              (1) The country with respect to which the authority
            is to be exercised and the imports to be prohibited;
              (2) the circumstances which necessitate the exercise
            of such authority;
              (3) why the President believes those circumstances
            justify the exercise of such authority; and
              (4) why the President believes the prohibitions are
            necessary to deal with those circumstances.
    At least once during each succeeding 6-month period after
    transmitting a report pursuant to this subsection, the
    President shall report to the Congress with respect to the
    actions taken, since the last such report, pursuant to this
    section and with respect to any changes which have occurred
    concerning any information previously furnished pursuant to
    this subsection.
        (d) Definition.--For purposes of this section, the term
    ``United States'' includes territories and possessions of the
    United States.

    SEC. 506. INTERNATIONAL ANTI-TERRORISM COMMITTEE.

        The Congress calls upon the President to seek the
    establishment of an international committee, to be known as the
    International Anti-Terrorism Committee, consisting of
    representatives of the member countries of the North Atlantic
    Treaty Organization, Japan, and such other countries as may be
    invited and may choose to participate. The purpose of the
    Committee should be to focus the attention and secure the
    cooperation of the governments and the public of the
    participating countries and of other countries on the problems
    and responses to international terrorism, by serving as a forum
    at both the political and law enforcement levels.

    SEC. 507. INTERNATIONAL TERRORISM CONTROL TREATY.

        It is the sense of the Congress that the President should
    establish a process by which democratic and open societies of
    the world, which are those most plagued by terrorism, negotiate
    a viable treaty to effectively prevent and respond to terrorist
    attacks. Such a treaty should incorporate an operative
    definition of terrorism, and should establish effective close
    intelligence-sharing, joint counterterrorist training, and
    uniform laws on asylum, extradition, and swift punishment for
    perpetrators of terrorism. Parties to such a treaty should
    include, but not be limited to, those democratic nations who
    are most victimized by terrorism.

    SEC. 508. STATE TERRORISM.

        It is sense of the Congress that all civilized nations
    should firmly condemn the increasing use of terrorism by
    certain states as an official instrument for promoting their
    policy goals, as evidenced by such examples as the brutal
    assassination of Major Arthur D. Nicholson, Junior, by a member
    of the Soviet armed forces.

                        Part B--Foreign Airport Security

    SEC. 551. SECURITY STANDARDS FOR FOREIGN AIR TRANSPORTATION.

        (a) \22\ Security at Foreign Airports.-- * * * [Repealed--
    1994]
    ---------------------------------------------------------------------------
        \22\ Sec. 7(b) of Public Law 103-272 (108 Stat. 1379) repealed sec.
    551(a) and (b), which enacted an amendment to sec. 1115 of the Federal
    Aviation Act of 1958, and related amendments, concerning security
    standards in foreign air transportation, codified at 49 U.S.C. App.
    1515.
    ---------------------------------------------------------------------------
        (b) Conforming Amendments.-- * * * [Repealed--1994]
        (c) Closing of Beirut International Airport.--It is the
    sense of the Congress that the President is urged and
    encouraged to take all appropriate steps to carry forward his
    announced policy of seeking the effective closing of the
    international airport in Beirut, Lebanon, at least until such
    time as the Government of Lebanon has instituted measures and
    procedures designed to prevent the use of that airport by
    aircraft hijackers and other terrorists in attacking civilian
    airlines or their passengers, hijacking their aircraft, or
    taking or holding their passengers hostage.

    SEC. 552.\23\ * * * [Repealed--1994]

    SEC. 553.\24\ * * * [Repealed--1994]

    SEC. 554. ENFORCEMENT OF INTERNATIONAL CIVIL AVIATION ORGANIZATION
                        STANDARDS.

        The Secretary of State and the Secretary of Transportation,
    jointly, shall call on the member countries of the
    International Civil Aviation Organization to enforce that
    Organization's existing standards and to support United States
    actions enforcing such standards.
    ---------------------------------------------------------------------------
        \23\ Formerly at 49 U.S.C. app. 1515a. Sec. 552, relating to travel
    advisories and suspension of foreign assistance, was repealed by sec.
    7(b) of Public Law 103-272 (108 Stat. 1379).
        \24\ Formerly at 49 U.S.C. app. 1356b. Sec. 553, relating to the
    United States airmarshal program, was repealed by sec. 7(b) of Public
    Law 103-272 (108 Stat. 1379).
    ---------------------------------------------------------------------------

    SEC. 555. INTERNATIONAL CIVIL AVIATION BOYCOTT OF COUNTRIES SUPPORTING
                        INTERNATIONAL TERRORISM.

        It is the sense of the Congress that the President--
              (1) should call for an international civil aviation
            boycott with respect to those countries which the
            President determines--
                      (A) grant sanctuary from prosecution to any
                    individual or group which has committed an act
                    of international terrorism, or
                      (B) otherwise support international
                    terrorism; and
              (2) should take steps, both bilateral and
            multilateral, to achieve a total international civil
            aviation boycott with respect to those countries.

    SEC. 556.\25\ * * * [Repealed--1994]
    ---------------------------------------------------------------------------

        \25\ Formerly 49 U.S.C. app. 1515 note. Sec. 556, relating to
    multilateral and bilateral agreements with respect to aircraft
    sabotage, aircraft hijacking, and airport security, was repealed by
    sec. 7(b) of Public Law 103-272 (108 Stat. 1379).
    ---------------------------------------------------------------------------

    SEC. 557. RESEARCH ON AIRPORT SECURITY TECHNIQUES FOR DETECTING
                        EXPLOSIVES.

        In order to improve security at international airports,
    there are authorized to be appropriated to the Secretary of
    Transportation from the Airport and Airway Trust Fund (in
    addition to amounts otherwise available for such purpose)
    $5,000,000, without fiscal year limitation, to be used for
    research on and the development of airport security devices or
    techniques for detecting explosives.

    SEC. 558. HIJACKING OF TWA FLIGHT 847 AND OTHER ACTS OF TERRORISM.

        The Congress joins with all Americans in celebrating the
    release of the hostages taken from Trans World Airlines flight
    847. It is the sense of the Congress that--
              (1) purser Uli Derickson, pilot John Testrake, co-
            pilot Philip Maresca, flight engineer Benjamin
            Zimmermann, and the rest of the crew of Trans World
            Airlines flight 847 displayed extraordinary valor and
            heroism during the hostages' ordeal and therefore
            should be commended;
              (2) the hijackers who murdered United States Navy
            Petty Officer Stethem should be immediately brought to
            justice;
              (3) all diplomatic means should continue to be
            employed to obtain the release of the 7 United States
            citizens previously kidnapped and still held in
            Lebanon;
              (4) acts of international terrorism should be
            universally condemned; and
              (5) the Secretary of State should be supported in his
            efforts to gain international cooperation to prevent
            future acts of terrorism.

    SEC. 559. EFFECTIVE DATE.

        This part shall take effect on the date of enactment of
    this Act.

                   TITLE VI--INTERNATIONAL NARCOTICS CONTROL

              * * * * * * *

    SEC. 607. PROCUREMENT OF WEAPONS TO DEFEND AIRCRAFT INVOLVED IN
                        NARCOTICS CONTROL EFFORTS.

        Of the funds available to carry out chapter 2 of part II of
    the Foreign Assistance Act of 1961 (relating to grant military
    assistance), $1,000,000 for each of the fiscal years 1986 and
    1987 shall be made available to arm, for defensive purposes,
    aircraft used in narcotic control eradication or interdiction
    efforts. The Committee on Foreign Affairs of the House of
    Representatives and the Committee on Foreign Relations of the
    Senate shall be notified of the use of any such funds for that
    purpose at least 15 days in advance in accordance with the
    reprogramming procedures applicable under section 634A of the
    Foreign Assistance Act of 1961.
              * * * * * * *

    SEC. 610.\26\ ASSISTANCE FOR JAMAICA.

        In allocating assistance for Jamaica for fiscal year 1986
    under chapter 4 of part II of the Foreign Assistance Act of
    1961 (relating to the economic support fund), the President
    shall give major consideration to whether the Government of
    Jamaica has prepared, presented, and committed itself to a
    comprehensive plan or strategy for the control and reduction of
    illicit cultivation, production, processing, transportation,
    and distribution of marijuana within a specifically stated
    period of time.
    ---------------------------------------------------------------------------
        \26\ Sec. 537 of the Foreign Assistance and Related Programs
    Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
    1308), provided in part:
        ``Of the funds made available by this Act for Jamaica and Peru, not
    more than 50 per centum of the funds made available for each country
    shall be obligated unless the President determines and reports to the
    Congress that the governments of these countries are sufficiently
    responsive to the United States Government concerns on drug control and
    that the added expenditures of the funds for that country are in the
    national interest of the United States: Provided, That this provision
    shall not be applicable to funds made available to carry out section
    481 of the Foreign Assistance Act of 1961.''.
        The 1987 version of the Act (Public Law 99-591; 100 Stat. 3341-232)
    contained identical text in sec. 536.
    ---------------------------------------------------------------------------

    SEC. 611.\27\ ASSISTANCE FOR BOLIVIA.

        Assistance may be provided to Bolivia for fiscal years 1986
    and 1987 under chapter 2 (relating to grant military
    assistance), chapter 4 (relating to the economic support fund),
    and chapter 5 (relating to international military education and
    training) of part II of the Foreign Assistance Act of 1961, and
    under chapter 2 of the Arms Export Control Act (relating to
    foreign military sales financing), only under the following
    conditions:
    ---------------------------------------------------------------------------
        \27\ Sec. 537 of the Foreign Assistance and Related Programs
    Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
    1308), provided:
        ``That assistance may be provided to Bolivia for Fiscal Year 1986,
    under chapter 2 (relating to grant military assistance), chapter 4
    (relating to the economic support fund), and chapter 5 (relating to
    international military education and training) of part II of the
    Foreign Assistance Act of 1961, and under chapter 2 of the Arms Export
    Control Act (relating to foreign military sales financing), only under
    the following conditions:
        ``For Fiscal Year 1986--
        ``(A) up to 50 percent of the aggregate amount of such assistance
    allocated for Bolivia may be provided at any time after the President
    certifies to the Congress that the Government of Bolivia has enacted
    legislation that will establish its legal coca requirements, provide
    for the licensing of the number of hectares necessary to produce the
    legal requirement, and make unlicensed coca production illegal; and
        ``(B) the remaining amount of such assistance may be provided at
    any time following a certification pursuant to subparagraph (A) if the
    President certifies to the Congress that the Government of Bolivia
    achieved the eradication targets for the calendar year 1985 contained
    in its 1983 narcotics agreements with the United States.''.
        Sec. 535 of the 1987 Act (Public Law 99-591; 100 Stat. 3341-232)
    provided:
        ``* * * That assistance may be provided to Bolivia for fiscal year
    1987, under chapter 2 (relating to grant military assistance), chapter
    4 (relating to the economic support fund), and chapter 5 (relating to
    international military education and training) of part II of the
    Foreign Assistance Act of 1961, and under chapter 2 of the Arms Export
    Control Act (relating to foreign military sales financing), only in
    accordance with the provisions of section 611 of the International
    Security and Development Cooperation Act of 1985 (Public Law 99-83) as
    amended by section 2011 of H.R. 5484 as passed by the Senate on
    September 30, 1986.''.
    ---------------------------------------------------------------------------
              (1) For fiscal year 1986--
                      (A) up to 50 percent of the aggregate amount
                    of such assistance allocated for Bolivia may be
                    provided at any time after the President
                    certifies to the Congress that the Government
                    of Bolivia has enacted legislation that will
                    establish its legal coca requirements, provide
                    for the licensing of the number of hectares
                    necessary to produce the legal requirement, and
                    make unlicensed coca production illegal; and
                      (B) the remaining amount of such assistance
                    may be provided at any time following a
                    certification pursuant to subparagraph (A) if
                    the President certifies to the Congress that
                    the Government of Bolivia has achieved the
                    eradication targets for the calendar year 1985
                    contained in its 1983 narcotics agreements with
                    the United States.
              (2) For fiscal year 1987, such assistance may not be
            provided unless the President certifies to the Congress
            that the Government of Bolivia has developed a plan to
            eliminate illicit narcotics production countrywide and
            is prepared to enter into an agreement with the United
            States to implement that plan. If that certification is
            made, then--
                      (A) \28\ up to 50 percent of the aggregate
                    amount of such assistance allocated for Bolivia
                    may be provided at any time after the President
                    certifies to the Congress that Bolivia has
                    engaged in narcotics interdiction operations
                    which have significantly disrupted the illicit
                    coca industry in Bolivia or has cooperated with
                    the United States in such operations; and
    ---------------------------------------------------------------------------
        \28\ Sec. 2012(b) of Public Law 99-570 (100 Stat. 3207) amended
    subpars. (A) and (B) of par. (2), which previously read as follows:
        ``(A) up to 50 percent of the aggregate amount of such assistance
    allocated for Bolivia may be provided at any time after the President
    certifies to the Congress that the Government of Bolivia has achieve at
    least half of the eradication target for the calendar year 1986 agreed
    to by the United States and the Government of Bolivia; and
        ``(B) the remaining amount of such assistance may be provided at
    any time the President certifies to the Congress that the Government of
    Bolivia fully achieved that eradication target.''.
    ---------------------------------------------------------------------------
                      (B) \28\ the remaining amount of such
                    assistance may be provided at any time after
                    the President certifies to the Congress that
                    Bolivia has either met in calendar year 1986
                    the eradication targets for the calendar year
                    1985 contained in its 1983 narcotics agreements
                    with the United States or has entered into an
                    agreement of cooperation with the United States
                    for implementing that plan for 1987 and beyond
                    (including numerical eradication targets) and
                    is making substantial progress toward the
                    plan's objectives, including substantial
                    eradication of illicit coca crops and effective
                    use of United States assistance.
    In the certification required by subparagraph (B), the
    President shall explain why the terms of the 1983 agreement
    provided unattainable and the reasons why a new agreement was
    necessary.

    SEC. 612.\26\ ASSISTANCE TO PERU.

        (a) Conditions on Assistance.--United States assistance (as
    defined by section 481(i)(4) of the Foreign Assistance Act of
    1961) may be provided for Peru--
              (1) for fiscal year 1986, only if the President
            reports to the Congress that the Government of Peru has
            demonstrated substantial progress in developing a plan
            that will establish its legal coca requirements,
            license the number of hectares necessary to produce the
            legal requirement, and eliminate illicit and unlicensed
            coca production; and
              (2) for fiscal year 1987, only if the President
            reports to the Congress that the Government of Peru has
            developed such a plan and is implementing it.
        (b) Upper Huallaga Valley Project.--Funds authorized to be
    appropriated for fiscal year 1987 to carry out chapter 1 of
    part I of the Foreign Assistance Act of 1961 (relating to
    development assistance) may be made available for the project
    of the Agency for International Development in the Upper
    Huallaga Valley of Peru only if the Administrator of that
    Agency, after consultation with the Congress, determines that a
    comprehensive review of that project has been completed which
    establishes the effectiveness of that project in reducing and
    eradicating coca leaf production, distribution, and marketing
    in the Upper Huallaga Valley. The assistance for Peru described
    in this subsection may be provided only if the report required
    by subsection (a)(2) has been submitted to the Congress.

    SEC. 613. REALLOCATION OF FUNDS IF CONDITIONS NOT MET.

        If any of the assistance described in section 611 is not
    provided for Bolivia because the conditions specified in that
    section are not met, or if any of the assistance described in
    section 612(a) is not provided for Peru because the conditions
    specified in that section are not met, the President shall
    reprogram such assistance in order to provide additional
    assistance to countries which have taken significant steps to
    halt illicit drug production or trafficking.
              * * * * * * *

    SEC. 615. LATIN AMERICAN REGIONAL NARCOTICS CONTROL ORGANIZATION.

        (a) Feasibility Study.--The Secretary of State, with the
    assistance of the National Drug Enforcement Policy Board, shall
    conduct a study of the feasibility of establishing a regional
    organization in Latin America which would combat narcotics
    production and trafficking through regional information-sharing
    and a regional enforcement unit.
        (b) Report.--No later than six months after the date of
    enactment of this Act, a report on the advisability of
    encouraging the establishment of such an organization shall be
    submitted to the Committee on Foreign Affairs and the Committee
    on the Judiciary of the House of Representatives and the
    Committee on Foreign Relations and the Committee on the
    Judiciary of the Senate.

    SEC. 616. GREATER EFFORT BY UNITED STATES ARMED FORCES TO SUPPORT
                        NARCOTICS CONTROL EFFORTS ABROAD.

        No later than 60 days after the date of enactment of this
    Act, the President shall report to the Congress on why the
    United States Armed Forces should not exert greater effort in
    facilitating and supporting interception of narcotics
    traffickers, and in gathering narcotics-related intelligence,
    outside the United States.

    SEC. 617. CUBAN DRUG TRAFFICKING.

        (a) Findings.--The Congress finds that--
              (1) the subject of the flow, use, and control of
            narcotic and psychotropic substances is a matter of
            great international importance;
              (2) the problem of drug abuse and drug trafficking
            continues to worsen throughout most parts of the world;
              (3) the concerns of the governments of many countries
            have become manifest in several bilateral and
            multilateral narcotics control projects;
              (4) United Nations agencies monitor and apply
            controls on the flow and use of drugs and coordinate
            multilateral efforts to control production,
            trafficking, and abuse of drugs;
              (5) the United Nations Fund for Drug Abuse Control
            funds narcotics projects throughout the world and has
            been a vehicle since 1971 for multilateral
            implementation of narcotics control and reduction
            programs;
              (6) the International Narcotics Control Board is
            charged with monitoring compliance with the Single
            Convention on Narcotic Drugs, 1961, and the Convention
            on Psychotropic Substances, and Cuba is a party to both
            Conventions;
              (7) the United Nations Commission on Narcotic Drugs
            is responsible for formulating policies, coordinating
            activities, supervising the implementation of
            international conventions, and making recommendations
            to governments for international drug control;
              (8) the promotion of drug abuse and participation in
            drug trafficking is universally considered egregious
            criminal behavior wherever it occurs, whether it occurs
            locally, nationally, or internationally;
              (9) a Federal grand jury of the United States has
            indicted four prominent Cuban officials on charges of
            conspiring to smuggle drugs into the United States;
              (10) United States Government officials have
            testified at several congressional hearings that the
            Government of Cuba is facilitating the flow of illicit
            drugs into the United States in order to obtain hard
            currency, support guerrilla/terrorist activities, and
            undermine United States society; and
              (11) such alleged conduct on the part of the
            Government of Cuba would be injurious to the world
            community and counter to the general principle of
            international law that no country has the right to use
            or permit the use of its territory in such a manner as
            to injure another country or persons therein.
        (b) Recommended Actions.--It is the sense of the Congress
    that the President should--
              (1) acting through the Permanent Representative of
            the United States to the United Nations, take such
            steps as may be necessary to place the question of the
            involvement by the Government of Cuba in illicit drug
            trafficking on the agenda of the United Nations;
              (2) acting through the Representative of the United
            States to the Organization of American States, request
            the Organization of American States to consider this
            question as soon as possible; and
              (3) request other appropriate international
            organizations and international forums to consider this
            question.
        (c) Report.--The President shall report to the Congress on
    the actions taken pursuant to this section.
              * * * * * * *

    SEC. 619.\29\ DRUG TRAFFICKING AND THE PROBLEM OF TOTAL CONFIDENTIALITY
                        OF CERTAIN FOREIGN BANK ACCOUNTS.

        (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \29\ 22 U.S.C. 2291 note.
    ---------------------------------------------------------------------------
              (1) several banks in Latin America and the Caribbean
            are used by narcotics traffickers as depositories for
            money obtained in providing illicit drugs to the United
            States and other countries of the region;
              (2) offshore banks which provide total
            confidentiality provide a service which materially
            assists the operations of illicit drug traffickers; and
              (3) cooperation in gaining access to the bank
            accounts of such narcotics traffickers would materially
            assist United States authorities in controlling the
            activities of such traffickers.
        (b) Policy.--The Congress--
              (1) requests the President to negotiate treaties or
            appropriate international agreements with all countries
            providing confidential banking services (giving high
            priority to countries in the Caribbean region) to
            provide disclosure to the United States Government of
            information contained in official records, and in
            records of bank accounts, concerning persons under
            investigation for violations of United States law, in
            particular those regarding international drug
            trafficking;
              (2) directs the President to include reports on the
            results of such efforts in the annual International
            Narcotics Control Strategy Report; and
              (3) reaffirms its intention to obtain maximum
            cooperation on the part of all governments for the
            purpose of halting international drug trafficking, and
            constantly to evaluate the cooperation of those
            governments receiving assistance from the United
            States.

                         TITLE VII--WESTERN HEMISPHERE

              * * * * * * *

    SEC. 702.\30\ EL SALVADOR.

        (a) Support for El Salvador.--(1) The Congress finds that--
    ---------------------------------------------------------------------------
        \30\ The Foreign Assistance and Related Programs Appropriations
    Act, 1987 (sec. 101(f) of Public Law 99-591; 100 Stat. 3341-232),
    provided the following:
        ``Sec. 537. None of the funds available in this Act may be used to
    make available to El Salvador any helicopters or other aircraft, and
    licenses may not be issued under section 38 of the Arms Export Control
    Act for the export to El Salvador of any such aircraft, unless the
    Committee on Appropriations of the House of Representatives and the
    Committee on Appropriations of the Senate are notified at least fifteen
    days in advance in accordance with the procedures applicable to
    notifications.
    ---------------------------------------------------------------------------
              * * * * * * *
    ---------------------------------------------------------------------------
        ``Sec. 545. Of the amounts made available by this Act for military
    assistance and financing for El Salvador under chapters 2 and 5 of part
    II of the Foreign Assistance Act of 1961 and under the Arms Export
    Control Act, $5,000,000 may not be expended until the President
    reports, following the conclusion of the Appeals process in the case of
    Captain Avila, to the Committees on Appropriations that the Government
    of El Salvador has (1) substantially concluded all investigative action
    with respect to those responsible for the January 1981 deaths of the
    two United States land reform consultants Michael Hammer and Mark
    Pearlman and the Salvadoran Land Reform Institute Director Jose Rodolfo
    Viera, and (2) pursued all legal avenues to bring to trial and obtain a
    verdict of those who ordered and carried out the January 1981
    murders.''.
    ---------------------------------------------------------------------------
              (A) a free and democratic El Salvador is in the
            security interest of the United States;
              (B) Jose Napoleon Duarte was elected President of El
            Salvador in 1984 in the most democratic election held
            in El Salvador in many years;
              (C) political violence in El Salvador has declined
            dramatically under President Duarte's leadership;
              (D) President Duarte's policies of respect for human
            rights, political pluralism, dialogue and
            reconciliation with the Salvadoran guerrilla force,
            legal and social reform and effective defense against
            the violent overthrow of the Salvadoran government are
            deserving of praise from all who believe in a
            democratic form of government;
              (E) the March 31, 1985, legislation and municipal
            elections were successfully carried out, with 64
            percent of the electorate defying guerrilla attacks to
            vote;
              (F) the victory of President Duarte's Christian
            Democratic Party reaffirms the support for these
            policies by his fellow citizens, the essential test of
            any government or movement;
              (G) in spite of the state of siege technically in
            effect due to the insurgent threat, observance of free
            speech, free press, and free assembly are widely
            enjoyed in El Salvador and permit public airing of
            opposing political views;
              (H) President Duarte is firmly committed to judicial
            reform and prosecution of cases involving ``death
            squads'';
              (I) President Duarte's leadership and popular support
            has notably weakened the popular support given the
            guerrillas, as evidenced by the high levels of voter
            participation in the free elections held in El Salvador
            since 1982, the reduction in territory in which the
            guerrillas can freely operate, their inability to mount
            frontal military attacks, and their resort to economic
            sabotage, ambushes, political assassination, and urban
            terrorism with blatant disregard for basic human
            rights; and
              (J) President Duarte has succeeded in reversing the
            decline in his country's economy which, though still
            weak, has better prospects than in recent years.
        (2) Therefore, it is the sense of the Congress that--
              (A) President Duarte is to be congratulated for his
            outstanding leadership under difficult circumstances
            and for his efforts to foster democratic government and
            institutions in his country, and he is encouraged to
            continue his efforts to promote political pluralism,
            democratic institutions, and respect for human rights
            in his country; and
              (B) the armed services of El Salvador are to be
            congratulated for their improved performance and
            professionalism in defending Salvadoran citizens and
            their democratically elected government from attack by
            armed insurgents, and especially for their role in
            helping to protect and uphold the electoral process.
        (3) The Congress reaffirms the importance of continued
    support for democratic principles and institutions and respect
    for human rights by the various sectors of Salvadoran society,
    which is a major factor in United States support for El
    Salvador.
        (b) Objectives.--The Congress expects that--
              (1) the Government of El Salvador will be willing to
            pursue a dialogue with the armed opposition forces and
            their political representatives for the purposes of
            achieving an equitable political settlement of the
            conflict, including free and fair elections;
              (2) the elected civilian government will be in
            control of the Salvadoran military and security forces,
            and those forces will comply with applicable rules of
            international law and with Presidential directives
            pertaining to the protection of civilians during combat
            operations, including Presidential directive C111-03-
            984 (relating to aerial fire support);
              (3) the Government of El Salvador will make
            demonstrated progress, during the period covered by
            each report pursuant to subsection (c), in ending the
            activities of the death squads;
              (4) the Government of El Salvador will make
            demonstrated progress, during the period covered by
            each report pursuant to subsection (c), in establishing
            an effective judicial system; and
              (5) the Government of El Salvador will make
            demonstrated progress, during the period covered by
            each report pursuant to subsection (c), in implementing
            the land reform program.
        (c) Reports.--On October 1, 1985, April 1, 1986, October 1,
    1986, and April 1, 1987, the President shall report to the
    Speaker of the House of Representatives and the chairman of the
    Committee on Foreign Relations of the Senate on the extent to
    which the objectives described in subsection (b) are being met.
    With respect to the objective described in paragraph (4) of
    that subsection, each report shall discuss whether the
    commission proposed by the President of El Salvador to
    investigate human rights cases has been established, funded,
    and given sufficient investigative powers; whether the evidence
    that commission collects may be used in the Salvadoran judicial
    process; whether that commission has issued a comprehensive
    report with regard to its investigation of all Americans
    murdered in El Salvador; and whether those responsible for the
    Las Hojas massacre are being prosecuted.
        (d) Aircraft for Aerial Warfare.--(1) The authorities of
    part II of the Foreign Assistance Act of 1961 and the Arms
    Export Control Act may not be used to make available to El
    Salvador any helicopters or other aircraft, and licenses may
    not be issued under section 38 of the Arms Export Control Act
    for the export to El Salvador of any such aircraft, unless the
    Committee on Foreign Affairs of the House of Representatives
    and the Committee on Foreign Relations of the Senate are
    notified at least 15 days in advance in accordance with the
    procedures applicable to reprogramming notifications under
    section 634A of the Foreign Assistance Act of 1961.
        (2) Paragraph (1) shall take effect on the date of
    enactment of this Act and shall remain in effect until October
    1, 1987.
        (e) Special Account for Local Currencies.--(1) All local
    currencies, which are generated with the funds provided to El
    Salvador for balance-of-payments support for fiscal years 1986
    and 1987 under chapter 4 of part II of the Foreign Assistance
    Act of 1961 (relating to the economic support fund), shall be
    deposited in accordance with section 609 of that Act in a
    special account established by the Government of El Salvador.
        (2) Local currencies deposited pursuant to paragraph (1)
    shall be used for projects assisting agrarian reform and the
    agricultural sector (and particular emphasis shall be placed on
    projects for these purposes); judicial reform, employment
    generation; health, education, and other social services;
    infrastructure repair; and credits and other support for the
    private sector (principally for small and medium sized
    businesses).
        (3) For purposes of subsection--
              (A) the term ``agrarian reform'' means projects
            assisting or enhancing the abilities of agencies,
            cooperatives, and farms to implement land reform
            decrees in El Salvador, notwithstanding section 620(g)
            of the Foreign Assistance Act of 1961; and
              (B) the term ``judicial reform'' means projects
            assisting or enhancing the abilities of agencies of the
            Salvadoran Government to investigate and prosecute
            politically motivated violence.
        (f) Development Assistance.--Of the amounts available to
    carry out chapter 1 of part I of the Foreign Assistance Act of
    1961, $79,600,000 for fiscal year 1986 and $79,600,000 for
    fiscal year 1987 shall be available only for El Salvador.
        (g) Suspension of Assistance if a Military Coup Occurs.--
    All assistance authorized by this Act which is allocated for El
    Salvador shall be suspended if the elected President of that
    country is deposed by military coup or decree.

    SEC. 703. ASSISTANCE FOR GUATEMALA.\31\

        (a) Conditions on Military Assistance and Sales.--For
    fiscal years 1986 and 1987, assistance may be provided for
    Guatemala under chapter 2 of part II of the Foreign Assistance
    Act of 1961 (relating to grant military assistance) and sales
    may be made and financing may be provided for Guatemala under
    the Arms Export Control Act (relating to foreign military
    sales) only if the President makes the following certifications
    to the Congress:
    ---------------------------------------------------------------------------
        \31\ Title III of the Foreign Assistance and Related Programs
    Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
    1302), provided the following appropriation for fiscal year 1986
    (assuming certification requirements are met):
        ``* * * That not more than $553,900,000 of the funds made available
    under this paragraph shall be available at concessional rates of
    interest: Provided further, That all country and funding level changes
    in requested concessional financing allocations shall be submitted
    through the regular notification process of the Committee on
    Appropriations.''.
        Sec. 538 of the 1987 Act (Public Law 99-591; 100 Stat. 3341-232)
    provided the following:
        ``Funds provided in this Act for Guatemala may not be provided to
    the Government of Guatemala for use in its rural resettlement program,
    except through the regular notification procedures of the Committees on
    Appropriations.''.
    ---------------------------------------------------------------------------
              (1) For fiscal year 1986, an elected civilian
            government is in power in Guatemala and has submitted a
            formal written request to the United States for the
            assistance, sales, or financing to be provided.
              (2) For both fiscal years 1986 and 1987, the
            Government of Guatemala made demonstrated progress
            during the preceding year--
                      (A) in achieving control over its military
                    and security forces,
                      (B) toward eliminating kidnapings and
                    disappearances, forced recruitment into the
                    civil defense patrols, and other abuses by such
                    forces of internationally recognized human
                    rights, and
                      (C) in respecting the internationally
                    recognized human rights of its indigenous
                    Indian population.
        (b) Construction Equipment and Mobile Medical Facilities
    and Related Training.--If the conditions specified in
    subsection (a) are met, Guatemala may be provided with the
    following for fiscal years 1986 and 1987 (in addition to such
    other assistance, sales, or financing as may be provided for
    Guatemala):
              (1) Sales of construction equipment and mobile
            medical facilities to assist in development programs
            that will directly assist the poor in Guatemala.
              (2) Sales of training, to be provided outside of
            Guatemala, which is related to the sales described in
            paragraph (1).
              (3) A total for both fiscal years 1986 and 1987 of no
            more than $10,000,000 in credits under the Arms Export
            Control Act for sales described in paragraphs (1) and
            (2).
    Such sales and credits shall be provided only to enable the
    military forces of Guatemala to obtain equipment and training
    for civilian engineering and construction projects and mobile
    medical teams, which would not be used in the rural
    resettlement program.
        (c) Prohibition on Furnishing Weapons.--Funds authorized to
    be appropriated by title I of this Act may not be used for the
    procurement by Guatemala of any weapons or ammunition.
        (d) Suspension of Assistance if a Military Coup Occurs.--
    All assistance authorized by this Act which is allocated for
    Guatemala shall be suspended if the elected civilian government
    of that country is deposed by military coup or decree.
        (e) Rural Resettlement Program.--Assistance provided for
    Guatemala for the fiscal year 1986 and fiscal year 1987 under
    chapter 1 of part I (relating to development assistance) or
    under chapter 4 of part II (relating to the economic support
    fund) of the Foreign Assistance Act of 1961--
              (1) may not be provided to the Government of
            Guatemala for use in its rural resettlement program;
            and
              (2) shall be provided through private and voluntary
            organizations to the maximum extent possible.
        (f) Invitation for ICRC To Visit Guatemala.--The Congress
    calls upon the President to urge the Government of Guatemala to
    allow the International Committee of the Red Cross--
              (1) to conduct an unimpeded visit to Guatemala in
            order to investigate humanitarian needs in that country
            and to report on human rights abuses in that country;
            and
              (2) to investigate the possibilities of its providing
            humanitarian services in that country.
        (g) Relations Between Belize and Guatemala.--It is the
    sense of the Congress that the United States should use its
    good offices and influence to encourage the Government of
    Guatemala to recognize the independence of Belize and to enter
    into a mutual nonaggression treaty with Belize.
        (h) Human Rights Groups in Guatemala.--(1) The Congress
    finds that--
              (A) the Group for Mutual Support was formed in 1984
            to protest the disappearances of Guatemalan civilians;
              (B) the Group for Mutual Support has carried out its
            work in a peaceful, non-ideological manner, and is the
            only indigenous human rights group operating in
            Guatemala; and
              (C) two of the Group's six steering committee
            members, Hector Gomez and Maria Rosario Godyo \32\ de
            Cuevas, were recently killed.
    ---------------------------------------------------------------------------
        \32\ Should read ``Godoy''.
    ---------------------------------------------------------------------------
        (2) It is the sense of the Congress that--
              (A) human rights groups in Guatemala, particularly
            the Group for Mutual Support, should be allowed to
            carry out their work against human rights abuses with
            the full cooperation, protection, and support of the
            Government of Guatemala; and
              (B) whether the Government of Guatemala allows human
            rights groups, including the Group for Mutual Support,
            to carry out their work should be taken into account by
            the United States in determining whether there is human
            rights progress in Guatemala.

    SEC. 704. REFUGEES IN HONDURAS.

        Funds authorized to be appropriated by this Act and funds
    authorized to be appropriated for the ``Migration and Refugee
    Assistance'' account for fiscal years 1986 and 1987--
              (1) which are to be used for refugee assistance or
            other assistance for Nicaraguan Indian refugees in
            Honduras shall be channeled, to the maximum extent
            possible, through the United Nations High Commissioner
            for Refugees, the International Committee of the Red
            Cross, the Intergovernmental Committee for Migration,
            or other established and recognized international
            refugee relief organizations; and
              (2) may not be used to facilitate the involuntary
            repatriation of Salvadoran refugees who are in
            Honduras.

    SEC. 705. PROMOTING THE DEVELOPMENT OF THE HAITIAN PEOPLE AND PROVIDING
                        FOR ORDERLY EMIGRATION FROM HAITI.\33\

        (a) Use of PVOs.--To the maximum extent practicable,
    assistance for Haiti under chapter 1 of part I (relating to
    development assistance) and under chapter 4 of part II
    (relating to the economic support fund) of the Foreign
    Assistance Act of 1961 should be provided through private and
    voluntary organizations.
    ---------------------------------------------------------------------------
        \33\ Title I, chapter V of the Urgent Supplemental Appropriations
    Act, 1986 (Public Law 99-349; 100 Stat. 726), provided:
    ---------------------------------------------------------------------------

                             ``assistance for haiti
    ---------------------------------------------------------------------------
        ``Of the funds made available in title II of the Foreign Assistance
    and Related Programs Appropriations Act, 1986 (as enacted in Public Law
    99-190), subject to the notification process of the Committees on
    Appropriations, up to $21,700,000 shall be made available for
    assistance to Haiti. Of this amount, $1,700,000, or the equivalent
    amount in local currencies, may be transferred to the Inter-American
    Foundation for use by the Foundation for programs for Haiti. The
    assistance made available pursuant to this paragraph shall be used to
    promote the transition to democracy by means such as generating local
    currency for use for literacy projects, rural development, and job
    creation. The assistance provided for Haiti pursuant to this paragraph
    shall be in addition to the assistance previously allocated for Haiti.
        ``It is the sense of the Congress that the United States Government
    should cooperate with the Government of Haiti in recovering for the
    Haitian people the wealth that was illegally obtained by former
    president Jean-Claude Duvalier and his former government ministers and
    associates through diversions of funds and property, regardless of
    whether that wealth is located in the United States or abroad.
        ``Notwithstanding any limitations on assistance to Haiti contained
    in Public Law 98-473 or Public Law 99-83, funds in the amount of
    $750,000 previously appropriated for the purposes of chapter 2 of part
    II of the Foreign Assistance Act of 1961, as amended, may be made
    available for Haiti to carry out such purposes: Provided, That none of
    the funds made available pursuant to this paragraph may be made
    available for obligation unless the Appropriations Committees of both
    Houses of Congress are previously notified fifteen days in advance:
    Provided further, That the funds provided under this paragraph shall be
    made available only to provide nonlethal military assistance for
    Haiti.''.
    ---------------------------------------------------------------------------
        (b) Conditions on Assistance.--Funds available for fiscal
    year 1986 and for fiscal year 1987 to carry out chapter 1 of
    part I (relating to development assistance), chapter 4 of part
    II (relating to the economic support fund), or chapter 5 of
    part II (relating to international military education and
    training) of the Foreign Assistance Act of 1961 may be
    obligated for Haiti only if the President determines that the
    Government of Haiti--
              (1) is continuing to cooperate with the United States
            in halting illegal emigration to the United States from
            Haiti;
              (2) is cooperating fully in implementing United
            States development, food, and other economic assistance
            programs in Haiti (including programs for prior fiscal
            years); and
              (3) is making progress toward improving the human
            rights situation in Haiti and progress toward
            implementing political reforms which are essential to
            the development of democracy in Haiti, such as progress
            toward the establishment of political parties, free
            elections, free labor unions, and freedom of the press.
        (c) \34\ * * * [Repealed--1998]
    ---------------------------------------------------------------------------
        \34\ Sec. 2219(a)(2) of the Foreign Relations Authorization Act,
    Fiscal Years 1998 and 1999 (division G, subdivision B of public Law
    105-277; 112 Stat. 2681), repealed subsec. (c), which had read as
    follows:
        ``(c) Reports to the Congress.--Not later than one year after the
    date of the enactment of this Act and one year thereafter, the
    President shall report to the Congress on the extent to which the
    actions of the Government of Haiti are consistent with each paragraph
    of subsection (b).''.
    ---------------------------------------------------------------------------
        (d) Assistance in Halting Illegal Emigration From Haiti.--
    Notwithstanding the limitations of section 660 of the Foreign
    Assistance Act of 1961 (relating to police training), funds
    made available under such Act may be used for programs with
    Haiti, which shall be consistent with prevailing United States
    refugee policies, to assist in halting significant illegal
    emigration from Haiti to the United States.
        (e) Limitation on MAP and FMS Financing.--Assistance may
    not be provided for Haiti for fiscal year 1986 or fiscal year
    1987 under chapter 2 of part II of the Foreign Assistance Act
    of 1961 (relating to grant military assistance) or under the
    Arms Export Control Act (relating to foreign military sales
    financing), except for necessary transportation, maintenance,
    communications, and related articles and services to enable the
    continuation of migrant and narcotics interdiction operations.
        (f) Literacy and Other Education Programs.--Of the amounts
    authorized to be appropriated to carry out chapter 1 of part I
    of the Foreign Assistance Act of 1961 (relating to development
    assistance) which are allocated for Haiti, $1,000,000 for
    fiscal year 1986 and $1,000,000 for fiscal year 1987 shall be
    available only for literacy and other education programs in
    Haiti.

    SEC. 706. MILITARY ASSISTANCE FOR PARAGUAY.

        For the fiscal years 1986 and 1987, none of the funds
    authorized to be appropriated to carry out chapter 2 of part II
    of the Foreign Assistance Act of 1961 (relating to grant
    military assistance) or to carry out the Arms Export Control
    Act (relating to foreign military sales financing) may be used
    for assistance for Paraguay unless the President certifies to
    the Congress that the Government of Paraguay has ended the
    practice of torture and abuse of individuals held in detention
    by its military and security forces and has instituted
    procedures to ensure that those arrested promptly charged and
    brought to trial.

    SEC. 707. ASSISTANCE FOR PERU.\35\

        (a) Human Rights Training in IMET Programs.--Respect for
    internationally recognized human rights shall be an important
    component of the training provided for Peru under chapter 5 of
    part II of the Foreign Assistance Act of 1961 for fiscal year
    1986 and for fiscal year 1987.
    ---------------------------------------------------------------------------
        \35\ See sec. 612 of this Act.
    ---------------------------------------------------------------------------
        (b) Strengthening the Peruvian Judicial System.--Of the
    amount authorized to be appropriated by this Act to carry out
    chapter 4 of part II of the Foreign Assistance Act of 1961
    (relating to the economic support fund), $1,000,000 for fiscal
    year 1986 and $1,000,000 for fiscal year 1987 shall be used to
    strengthen the judicial system in Peru under section 534 of the
    Foreign Assistance Act of 1961 (relating to administration of
    justice).
              * * * * * * *

    SEC. 709. COMPREHENSIVE REPORTS ON ASSISTANCE FOR LATIN AMERICA AND THE
                        CARIBBEAN.

        (a) Requirement for Comprehensive Accounting of
    Assistance.--In the annual reports required by section 634 of
    the Foreign Assistance Act of 1961, the President shall provide
    to the Congress a full, complete, and detailed accounting of
    all assistance provided during the fiscal years 1986 and 1987
    for Latin America and the Caribbean under the Foreign
    Assistance Act of 1961 and the Arms Export Control Act.
        (b) Information To Be Included.--The report provided
    pursuant to subsection (a) shall include for each fiscal year,
    among other things, the following with respect to each
    authorization account:
              (1) The specific projects and other activities
            carried out in each country.
              (2) The number of persons from each country who were
            provided with training, and the types of training
            provided.
              (3) The defense articles and defense services
            provided for each country.
              (4) The types of goods and commodities provided to
            each country for economic stabilization purposes under
            chapter 4 of part II of the Foreign Assistance Act of
            1961 (relating to the economic support fund), and a
            copy of each agreement for the furnishing of any
            assistance under that chapter.
              (5) The amounts of local currency generated by United
            States assistance to each country, the uses of those
            currencies, and the total amount of those currencies
            still available for use as of the time of the report.
              (6) A report on any transfers or reprogrammings of
            funds, and a description of how transferred or
            reprogrammed funds modified the amounts requested for
            each account.
              (7) A report on the funds which have been obligated
            but remain unexpended for each country in each account.
              (8) An analysis of the amount of funds and programs
            provided through nongovernmental as contrasted to
            governmental channels.

    SEC. 710. USE OF PRIVATE AND VOLUNTARY ORGANIZATIONS.

        To the maximum extent practicable, assistance under chapter
    1 of part I (relating to development assistance) and chapter 4
    of part II (relating to the economic support fund) of the
    Foreign Assistance Act of 1961 for countries in Latin America
    and the Caribbean should be provided through private and
    voluntary organizations which have a proven record of
    development assistance efforts overseas.
              * * * * * * *

    SEC. 713. USE OF EMPLOYEE STOCK OWNERSHIP PLANS IN DEVELOPMENT EFFORTS.

        (a) Findings.--The Congress declares that--
              (1) employee stock ownership plans in industrial,
            farming, banking, and other enterprises in Central
            America and the Caribbean can be an important component
            in achieving United States goals in Central America and
            the Caribbean; and
              (2) employee stock ownership plans should be used as
            an instrument in financing growth and transfers of
            equity in the region, in reorganizing state-owned
            enterprises into viable employee-owned businesses, in
            expanding political and economic pluralism, and in
            strengthening democratic institutions in the region.
        (b) Plan for Expanded Use of ESOPs.--The President is urged
    to develop a plan for the expanded use of employee stock
    ownership plans in development efforts of the United States in
    Central America and the Caribbean, with an emphasis on policy
    and infra-structural changes needed to encourage voluntary
    employee stock ownership initiatives by multinational
    corporations and other private sector enterprises which have
    investments, are considering making new investments, or are
    interested in management contracts and joint ventures in the
    region.
        (c) Task Force.--To assist in this effort, there is
    established a Presidential Task Force on Project Economic
    Justice (hereafter in this section referred to as the ``Task
    Force''), which shall consist of individuals appointed by the
    President who are distinguished leaders of the private sector
    of the United States, including significant representation of
    union representatives of workers in successful companies with
    employee stock ownership plans and of nationally recognized
    experts in all phases of design, implementation, and operation
    of employee stock ownership plans. The President shall
    designate one of the members of the Task Force to serve as
    Chairman. The Chairman of the Task Force shall appoint a
    volunteer fund-raising committee, and all the expenses of the
    Task Force shall be paid without the use of public funds.
        (d) Report.--Not later than December 31, 1985, the Task
    Force shall prepare and transmit to the President and the
    Congress a report on the expanded use of employee stock
    ownership plans in the development efforts of the United States
    in Central America and the Caribbean, including specific
    recommendations on strategies for using employee stock
    ownership plans as a means of accelerating the rate of private
    sector capital formation in Central America and the Caribbean
    that is systematically linked to expanding ownership and
    profit-sharing opportunities for all employees.

    SEC. 714. INTERNATIONAL ADVISORY COMMISSION FOR THE CARIBBEAN REGION.

        (a) Findings.--The Congress finds that--
              (1) many of the social, agricultural, educational,
            and economic problems which confront nations in the
            Caribbean Region result primarily from social and
            economic injustice and inadequate economic and
            agricultural development;
              (2) such problems are not addressed sufficiently by
            current United States policies toward that region;
              (3) the development of the Caribbean Region is of
            vital importance to the economic and strategic
            interests of the United States and its allies; and
              (4) for purposes of defining development plans,
            providing an international forum for Caribbean Region
            development issues, and providing expert advice to
            donor-aid countries, an international commission is
            needed as the prime institution for promoting economic
            cooperation and development in the Caribbean Region.
        (b) Invitations to Participate in Commission.--
              (1) Invitation to caribbean countries.--The President
            may invite the countries which comprise the Caribbean
            Region to participate with the United States in a
            commission to be known as the International Advisory
            Commission for the Caribbean Region (hereafter in this
            section referred to as the ``Commission'').
              (2) Invitation to certain other countries.--The
            President may also invite the Netherlands, the United
            Kingdom, France, Canada, the Commonwealth of Puerto
            Rico, and the Virgin Islands to participate in the
            Commission.
        (c) Functions of Commission.--It is the sense of the
    Congress that the Commission should--
              (1) examine social, agricultural, educational, and
            economic issues which affect the Caribbean Region; and
              (2) consult with leaders of the countries in the
            Caribbean Region and with representatives from public
            and private organizations involved in matters related
            to the Caribbean Region in order to evaluate the
            problems and needs of such countries.
        (d) Funding for Organizational Meeting of Commission.--Of
    the funds authorized to be appropriated to carry out section
    106 of the Foreign Assistance Act of 1961 (relating to
    development assistance for energy, private and voluntary
    organizations, and selected development activities), up to a
    total of $100,000 for fiscal years 1986 and 1987 may be made
    available to--
              (1) pay reasonable administrative expenses associated
            with the organizational meeting of the Commission; and
              (2) pay reasonable travel and lodging expenses
            incurred by commissioners from other participant
            governments incident to their attendance at the
            organizational meeting of the Commission.
        (e) Request to Congress Relating to United States
    Participation in the Commission.--The President should provide
    cost estimates and request authorization from the Congress in
    order to provide for the participation of the United States in
    the Commission (other than United States participation
    associated with the organizational meeting).
        (f) Appointment of United States Representative and
    Observers.--Upon the creation of the Commission--
              (1) the President should consider appointing one
            individual as the United States representative to the
            Commission;
              (2) the Speaker of the House of Representatives
            should consider appointing two Members of the House,
            one from each major political party, as observers at
            the Commission; and
              (3) the majority leader of the Senate should consider
            appointing two Members of the Senate, one from each
            major political party, as observers at the Commission.

    SEC. 715.\36\ * * *
    ---------------------------------------------------------------------------

        \36\ Sec. 715 amended sec. 726 of the International Security and
    Development Cooperation Act, 1981.
    ---------------------------------------------------------------------------

    SEC. 716. RURAL ELECTRIFICATION.

        It is the sense of the Congress that funds appropriated for
    the fiscal years 1986 and 1987 under section 103(a)(2) of the
    Foreign Assistance Act of 1961 (relating to development
    assistance for agriculture, rural development, and nutrition)
    should be used for a comprehensive rural electrification
    program in Central America in order to establish conditions of
    stability and a foundation for economic development.

    SEC. 717. FACILITATING INTERNATIONAL COMMERCE THROUGH MEXICO.

        (a) Finding.--Recognizing that increased levels of balanced
    international trade are an essential component in an economic
    development program for the region and that the United States
    has traditionally been the most important trading partner for
    each of the nations of Latin America, it is the sense of the
    Congress that current procedures and laws of the Government of
    Mexico, and practices of its officials, constitute a
    significant impediment to the transit of vehicles carrying the
    commodities of international trade through Mexican territory.
        (b) Negotiations and Cooperative Steps Concerning
    Transit.--As the Government of Mexico has played a valuable
    role in assisting and encouraging the economic and political
    development of the region, and in offering advice to the United
    States as to constructive policies this nation might pursue
    with respect to peace and prosperity in the area, the Secretary
    of State, acting independently or with representatives of other
    Latin America nations, shall initiate negotiations with the
    Government of Mexico aimed at eliminating or reducing those
    impediments to international trade. The agenda for such
    negotiations should include discussions to encourage the
    Government of Mexico to accede to existing international custom
    conventions on international in-transit shipments. Such actions
    are to be taken in concert with the institution by the United
    States, and the nations of the region where the transiting
    shipments originate, of appropriate and cooperative steps to
    make sealed-truck, no-inspection transit administratively
    acceptable to the Government of Mexico and other transited
    countries. Similar bilateral or multilateral negotiations by
    the Secretary of State with nations respecting the same
    international customs conventions is also encouraged.
        (c) Report.--The Secretary of State shall report the status
    of these negotiations to Congress by January 1, 1986.

    SEC. 718. CONDEMNING HUMAN RIGHTS VIOLATIONS AND THE SUBVERSION OF
                        OTHER GOVERNMENTS BY THE GOVERNMENT OF CUBA.

        (a) Condemnation of Certain Action by the Government of
    Cuba.--The Congress condemns--
              (1) the consistent pattern of gross violations of
            internationally recognized human rights by the Cuban
            Government, including--
                      (A) cruel, inhumane, and degrading treatment
                    and punishment of prisoners;
                      (B) the suppression of free speech, press,
                    and assembly; and
                      (C) restrictions on religious activity and
                    the freedom to emigrate; and
              (2) the provision by the Cuban government of material
            aid and personnel support for the purposes of
            subversion.
        (b) Call Upon the Government of Cuba.--The Congress calls
    upon the Government of Cuba to restore civil liberties and
    cease in the violation of human rights of the Cuban people and
    cease the subversion of other governments through material and
    personnel support.

    SEC. 719. REPORTS ON FOREIGN DEBT IN LATIN AMERICA.

        (a) Findings.--The Congress finds that--
              (1) the foreign debt of Latin American countries has
            soared from $27,000,000,000 in 1970 to over
            $350,000,000,000 in 1983;
              (2) the foreign debt of Latin American countries is a
            serious obstacle to their economic progress, threatens
            their stability, and endangers the democratic processes
            in those nations;
              (3) the economic and political futures of many of the
            Latin American countries hang in the balance and depend
            upon a successful resolution of the foreign debt
            crisis; and
              (4) the confidence of the American people in the
            United States system of banking is also involved in a
            successful resolution of the foreign debt crisis.
        (b) Report.--Not later than January 1, 1986, the Secretary
    of State shall prepare and transmit to the Congress a report
    on--
              (1) the magnitude of the foreign debt crisis in the
            Western Hemisphere;
              (2) the impact of the foreign debt crisis on the
            economies of the countries of Latin America;
              (3) the degree to which the national security
            interests of the United States are implicated in this
            crisis;
              (4) the steps being taken and the policy being
            pursued by the United States aimed at dealing with this
            crisis;
              (5) the degree to which the foreign debt crisis
            affects the system of banking in the United States; and
              (6) the steps being taken and the policy being
            pursued by the United States Government aimed at
            dealing with this crisis.

    SEC. 720. ECONOMIC ASSISTANCE FOR URUGUAY.

        Of the amounts authorized to be appropriated to carry out
    chapter 4 of part II of the Foreign Assistance Act of 1961
    (relating to the economic support fund), $15,000,000 for fiscal
    year 1986 and $15,000,000 for fiscal year 1987 shall be
    available only for Uruguay.

    SEC. 721. CANADIAN EXPORTS TO THE UNITED STATES.

        (a) Cattle and Hogs.--(1) The Congress finds that--
              (A) livestock prices have been in decline for some
            time due to excessive supply partially caused by
            dramatic increases in importation of live cattle and
            hogs from Canada, which has increased by 1,000 percent
            in the last decade in the case of hogs alone;
              (B) American livestock producers are suffering from
            the same general economic crisis affecting all of
            agriculture, and many will face liquidation or
            foreclosure in the near future; and
              (C) the disparity between the United States and the
            Canadian dollar amounts to 32 to 34 percent and results
            in even further increases in Canadian hogs and cattle
            being imported into the United States.
        (2) Therefore, it is the sense of the Congress that the
    President should direct appropriate officials of the executive
    branch, including the United States Trade Representative, the
    Secretary of Agriculture, and the Secretary of Commerce, to
    aggressively pursue discussions with the Canadian Government
    directed toward immediate reduction in the Canadian export of
    cattle and hogs to the United States.
        (b) Softwood Timber.--(1) The Congress finds that--
              (A) softwood timber prices have been in decline for
            some time due to excessive supply partially caused by
            dramatic increases in importation of processed softwood
            timber from Canada, which has increased from 18 percent
            of the United States market in the last two years to 35
            to 40 percent today;
              (B) American timber producers are suffering from this
            economic crisis, and the difficulty in acquiring timber
            from the National Forest System; and
              (C) the disparity between the United States and the
            Canadian dollar amounts to 32 to 34 percent and results
            in even further increases in processed softwood timber
            being imported into the United States.
        (2) Therefore, it is the sense of the Congress that the
    President should direct appropriate officials of the executive
    branch, including the United States Trade Representative, the
    Secretary of Agriculture, and the Secretary of Commerce, to
    aggressively pursue discussions with the Canadian Government
    directed toward immediate reduction in the Canadian export of
    softwood timber to the United States.

    SEC. 722. NICARAGUA.

        (a) Settlement of the Conflict.--The Congress--
              (1) strongly supports national reconciliation in
            Nicaragua and the creation of a framework for
            negotiating a peaceful settlement to the Nicaraguan
            conflict; and
              (2) finds that the United States should, in assisting
            efforts to reach comprehensive and verifiable final
            agreements based on the Contadora Document of
            Objectives, encourage the Government of Nicaragua to
            pursue a dialogue with the armed opposition forces and
            their political representatives for the purposes of
            achieving an equitable political settlement of the
            conflict, including free and fair elections.
        (b) United States Concerns About Nicaraguan Foreign and
    Domestic Policies.--The Congress finds and declares the
    following:
              (1) Despite positive actions by the Congress
            signaling support for negotiated solutions to conflicts
            in Central America, there are disturbing trends in
            Nicaragua's foreign and domestic policies, including--
                      (A) President Daniel Ortega's April 1985 trip
                    to the Soviet Union at a time when the Congress
                    signaled its strong disapproval of increasing
                    Nicaraguan-Soviet ties;
                      (B) the Sandinista government's close
                    military ties with Cuba, the Soviet Union, and
                    its Warsaw Pact allies; the disappointing and
                    insufficient reduction of the number of Cuban
                    advisors in Nicaragua by only 100 out of an
                    approximately 2,500; and the continuing
                    military buildup that Nicaragua's neighbors
                    consider threatening;
                      (C) the Sandinista government's curtailment
                    of individual liberties, political expression,
                    freedom of worship, and the independence of the
                    media;
                      (D) the subordination of military, judicial,
                    and internal security functions to the ruling
                    political party; and
                      (E) the Sandinista government's efforts to
                    export its influence and ideology.
              (2) If Nicaragua does not address the concerns
            described in paragraph (1), the United States has
            several options to address this challenge to peace and
            stability in the region, including political,
            diplomatic, and trade sanctions. In addition, the
            United States--
                      (A) should through appropriate regional
                    organizations, such as the Organization of
                    American States, seek to maintain multilateral
                    pressure on Nicaragua to address these
                    concerns; and
                      (B) should, if called upon to do so, give
                    serious consideration to supporting any
                    sanctions adopted by such an organization.
              (3) In assessing whether or not progress is being
            made in addressing these concerns, the Congress will
            expect prompt and significant initiatives by the
            Government of Nicaragua such as--
                      (A) the removal of foreign military advisors
                    from Nicaragua;
                      (B) the end to Sandinista support for
                    insurgencies in other countries in the region,
                    including the cessation of military supplies to
                    the rebel forces fighting the democratically
                    elected government in El Salvador;
                      (C) restoration of individual liberties,
                    political expression, freedom of worship, and
                    the independence of the media; and
                      (D) progress toward international
                    reconciliation and a pluralistic democratic
                    system, including steps to liberalize
                    institutions in order to allow the internal
                    opposition in Nicaragua to become a viable
                    partner in the Nicaraguan political process.
        (c) Resolution of the Conflict in Nicaragua.--
              (1) Basis for policy.--The Congress finds that--
                      (A) the people of Nicaragua are suffering the
                    horrors of a fierce armed conflict that is
                    causing grave hardships and loss of life, has
                    thrown the country into a serious political,
                    social, and economic upheaval, and is of
                    serious concern to the nations of the region
                    and to the United States;
                      (B) this conflict is fundamentally a
                    continuation of efforts of the Nicaraguan
                    people to attain a representative government at
                    peace with its neighbors, efforts which began
                    under the Somoza regime; and
                      (C) the United States recognized these noble
                    aspirations of the Nicaraguan people in the
                    June 23, 1979, resolution of the Seventeenth
                    Meeting of Consultation of Ministers of Foreign
                    Affairs of the Organization of American States,
                    which reads as follows:
    ``WHEREAS:
              ``The people of Nicaragua are suffering the horrors
            of a fierce armed conflict that is causing grave
            hardships and loss of life, and has thrown the country
            into a serious political, social and economic upheaval;
              ``The inhumane conduct of the dictatorial regime
            governing the country, as evidenced by the report of
            the Inter-American Commission on Human Rights, is the
            fundamental cause of the dramatic situation faced by
            the Nicaraguan people; and
              ``The spirit of solidarity that guides Hemisphere
            relations places an unavoidable obligation on the
            American countries to exert every effort within their
            power, to put an end to the bloodshed and to avoid the
            prolongation of this conflict which is disrupting the
            peace of the Hemisphere;
              ``THE SEVENTEENTH MEETING OF CONSULTATION OF
            MINISTERS OF FOREIGN AFFAIRS,
    ``DECLARES:
              ``That the solution of the serious problem is
            exclusively within the jurisdiction of the people of
            Nicaragua.
               ``That in the view of the Seventeenth Meeting of
            Consultation of Ministers of Foreign Affairs this
            solution should be arrived at on the basis of the
            following:
                      ``1. Immediate and definitive replacement of
                    the Somoza regime.
                      ``2. Installation in Nicaraguan territory of
                    a democratic government, the composition of
                    which should include the principal
                    representative groups which oppose the Somoza
                    regime and which reflects the free will of the
                    people of Nicaragua.
                      ``3. Guarantee of the respect for human
                    rights of all Nicaraguans without exception.
                      ``4. The holding of free elections as soon as
                    possible, that will lead to the establishment
                    of a truly democratic government that
                    guarantees peace, freedom, and justice.
    ``RESOLVES:
              ``1. To urge the member states to take steps that are
            within their reach to facilitate an enduring and
            peaceful solution of the Nicaraguan problem on the
            bases set forth above, scrupulously respecting the
            principle of nonintervention and abstaining from any
            action that might be in conflict with the above bases
            or be incompatible with a peaceful and enduring
            solution to the problem.
              ``2. To commit their efforts to promote humanitarian
            assistance to the people of Nicaragua and to contribute
            to the social and economic recovery of the country.
              ``3. To keep the Seventeenth Meeting of Consultation
            of Ministers of Foreign Affairs open while the present
            situation continues.''.
              (2) The government of nicaragua.--The Congress
            further finds that--
                      (A) the Government of National Reconstruction
                    of Nicaragua formally accepted the June 23,
                    1979, resolution as a basis for resolving the
                    Nicaraguan conflict in its ``Plan to Achieve
                    Peace'' which was submitted to the Organization
                    of American States on July 12, 1979;
                      (B) the June 23 1979, resolution and its
                    acceptance by the Government of National
                    Reconstruction of Nicaragua was the formal
                    basis for the removal of the Somoza regime and
                    the installation of the Government of National
                    Reconstruction;
                      (C) the Government of National
                    Reconstruction, now known as the Government of
                    Nicaragua and controlled by the Frente
                    Sandinista (the FSLN), has flagrantly violated
                    the provisions of the June 23, 1979,
                    resolution, the rights of the Nicaraguan
                    people, and the security of the nations in the
                    region, in that it--
                              (i) no longer includes the democratic
                            members of the Government of National
                            Reconstruction in the political
                            process;
                              (ii) is not a government freely
                            elected under conditions of freedom of
                            the press, assembly, and organization,
                            and is not recognized as freely elected
                            by its neighbors, Costa Rica, Honduras,
                            and El Salvador;
                              (iii) has taken significant steps
                            towards establishing a totalitarian
                            Communist dictatorship, including the
                            formation of FSLN neighborhood watch
                            committees and the enactment of laws
                            that violate human rights and grant
                            undue executive power;
                              (iv) has committed atrocities against
                            its citizens as documented in reports
                            by the Inter-American Commission on
                            Human Rights of the Organization of
                            American States;
                              (v) has aligned itself with the
                            Soviet Union and Soviet allies,
                            including the German Democratic
                            Republic, Bulgaria, Libya, and the
                            Palestine Liberation Organization;
                              (vi) has committed and refuses to
                            cease aggression in the form of armed
                            subversion against its neighbors in
                            violation of the Charter of the United
                            Nations, the Charter of the
                            Organization of American States, the
                            Inter-American Treaty of Reciprocal
                            Assistance, and the 1965 United Nations
                            General Assembly Declaration on
                            Intervention; and
                              (vii) has built up an army beyond the
                            needs of immediate self-defense, at the
                            expense of the needs of the Nicaraguan
                            people and about which the nations of
                            the region have expressed deepest
                            concern.
              (3) The nicaraguan democratic opposition.--The
            Congress further finds that--
                      (A) as a result of these violations, the
                    Government of Nicaragua has lost the support of
                    virtually all independent sectors of Nicaraguan
                    society who initially supported the removal of
                    the Somoza regime (including democratic
                    political parties of the left, center, and
                    right; the leadership of the Church; free
                    unions; and the business, farmer, and
                    professional sectors) and who still seek
                    democracy, reject the rule of the Frente
                    Sandinista, and seek the free elections
                    promised in 1979;
                      (B) the Nicaraguan political opposition has
                    joined with the armed opposition groups in
                    issuing the San Jose Manifesto of March 1,
                    1985, calling for a national dialogue under
                    mediation by the Nicaraguan Bishops Conference
                    to peacefully attain the fulfillment of the
                    Government of Nicaragua's commitments to the
                    Organization of American States, including
                    ``the democratization of Nicaragua, conscious
                    that democracy is the only means to carry out
                    an authentic revolution and secure our national
                    identity and sovereignty'';
                      (C) on June 12, 1985, in San Salvador, El
                    Salvador, the political and armed opposition
                    groups representing the entire democratic
                    political spectrum of Nicaragua formed the
                    United Nicaraguan Opposition and affirmed their
                    ``historical commitment to achieve for
                    Nicaragua the reconciliation of her children,
                    to establish the foundation for democracy and
                    the moral and material reconstruction of the
                    nation''; and
                      (D) the United Nicaraguan Opposition further
                    declared its intention to ``give priority at
                    all times to a political solution which will
                    ease the suffering of our people''.
              (4) Concerns in the region and united states
            responsibilities.--The Congress further finds that--
                      (A) Nicaragua's neighbors, Costa Rica, El
                    Salvador, and Honduras, have expressed,
                    individually and through the Contadora process,
                    their belief that their peace and freedom is
                    not safe so long as the Government of Nicaragua
                    excludes from power most of Nicaragua's
                    political leadership and is controlled by a
                    small sectarian party, without regard to the
                    will of the majority of Nicaraguans; and
                      (B) the United States, given its role in the
                    installation of the current Government of
                    Nicaragua, has a special responsibility
                    regarding the implementation of the commitments
                    made by that Government in 1979, especially to
                    those who fought against Somoza to bring
                    democracy to Nicaragua with United States
                    support.
              (5) Resolution of the conflict.--The Congress--
                      (A) condemns the Government of Nicaragua for
                    violating its solemn commitments to the
                    Nicaraguan people, the United States, and the
                    Organization of American States;
                      (B) affirms that the Government of Nicaragua
                    will be regarded as having achieved political
                    legitimacy when it fulfills its 1979 commitment
                    to the Organization of American States to
                    implement genuinely democratic elections, under
                    the supervision of the Organization of American
                    States, in which all elements of the Nicaraguan
                    resistance can peacefully participate under
                    conditions recognized as necessary for free
                    elections by international bodies;
                      (C) urges the Government of Nicaragua to
                    enter a national dialogue, as proposed by the
                    Nicaraguan democratic resistance in San Jose,
                    Costa Rica, on March 1, 1985, under mediation
                    by the Nicaraguan Bishops Conference in order
                    to peacefully resolve the current crisis
                    through internationally recognized elections in
                    which all elements of Nicaraguan society can
                    freely participate;
                      (D) supports the Nicaraguan democratic
                    resistance in its efforts to peacefully resolve
                    the Nicaraguan conflict and to achieve the
                    fulfillment of the Government of Nicaragua's
                    solemn commitments to the Nicaraguan people,
                    the United States, and the Organization of
                    American States;
                      (E) supports efforts by the Contadora
                    nations, the Organization of American States,
                    and other appropriate regional organizations to
                    maintain multilateral pressure on Nicaragua to
                    fulfill its commitments; and
                      (F) requests that the Secretary of State
                    transmit the text of this subsection to the
                    Foreign Ministers of the member states of the
                    Organization of American States.
        (d) Prohibition Relating to Military or Paramilitary
    Operations in Nicaragua.--Notwithstanding any other provision
    of law, no funds authorized to be appropriated or otherwise
    made available by this Act (except the funds authorized to be
    appropriated in this section), by the Foreign Assistance Act of
    1961, or by the Arms Export Control Act shall be used to
    provide assistance of any kind, either directly or indirectly,
    to any person or group engaging in an insurgency or other act
    of rebellion against the Government of Nicaragua. The United
    States shall not enter into any arrangement conditioning,
    expressly or impliedly, the provision of assistance under this
    Act or the purchase of defense articles and services under the
    Arms Export Control Act upon the provision of assistance by a
    recipient to persons or groups engaging in an insurgency or
    other act of rebellion against the Government of Nicaragua.
        (e) Limitation on Use of Funds Against Nicaragua.--None of
    the funds authorized to be appropriated in this or any other
    Act can be used to fund directly, or indirectly, activities
    against the Government of Nicaragua which have not been
    authorized by, or pursuant to, law and which would place the
    United States in violation of our obligations under the Charter
    of the Organization of American States, to which the United
    States is a signatory, or under international law as defined by
    treaty commitments agreed to, and ratified by, the Government
    of the United States.
        (f) Food Aid to the Nicaraguan People.--In cooperation with
    Cardinal Miguel Obando y Bravo and private and voluntary
    organizations, the President should explore and promote means
    for providing food aid to the Nicaraguan people through private
    and voluntary organizations and the Catholic Church.
        (g) Humanitarian Assistance for Nicaraguan Democratic
    Resistance.--(1) Effective upon the date of enactment of this
    Act, there are authorized to be appropriated $27,000,000 for
    humanitarian assistance to the Nicaraguan democratic
    resistance. Such assistance shall be provided to such
    department or agency of the United States as the President
    shall designate, except the Central Intelligence Agency or the
    Department of Defense.
        (2) The assistance authorized by this subsection is
    authorized to remain available for obligation until March 31,
    1986.
        (3) One-third of the assistance authorized by this
    subsection shall be available for obligation at any time after
    the appropriation of funds pursuant to such authorization, an
    additional one-third shall be available for obligation upon
    submission of the first report required by subsection (j), and
    the remaining one-third shall be available for obligation upon
    submission of the second such report.
        (4) The President shall establish appropriate procedures to
    ensure that any humanitarian assistance provided by the United
    States Government to the Nicaraguan democratic resistance is
    used only for the intended purpose and is not diverted (through
    barter, exchange, or any other means) for acquisition of
    weapons systems, ammunition, or other equipment, vehicle, or
    material which can be used to inflict serious bodily harm or
    death.
        (5) As used in this subsection, the term ``humanitarian
    assistance'' means the provision of food, clothing, medicine,
    and other humanitarian assistance, and it does not include the
    provision of weapons, weapons systems, ammunition, or other
    equipment, vehicles, or material which can be used to inflict
    serious bodily harm or death.
        (h) Assistance for Implementation of a Contadora
    Agreement.--Effective upon the date of enactment of this Act,
    there are authorized to be appropriated $2,000,000, which are
    authorized to remain available until expended, for payment by
    the Secretary of State for the expenses arising from
    implementation by the Contadora nations (Mexico, Panama,
    Colombia, and Venezuela) of an agreement among the countries of
    Central America based on the Contadora Document of Objectives
    of September 9, 1983, including peacekeeping, verification, and
    monitoring systems.
        (i) Policies With Respect to Nicaragua.--The President is
    hereby urged and requested--
              (1) to pursue vigorously the use of diplomatic and
            economic measures to resolve the conflict in Nicaragua,
            including simultaneous negotiations--
                      (A) to implement the Contadora Document of
                    Objectives of September 8, 1983; and
                      (B) to develop, in close consultation and
                    cooperation with other nations, trade and
                    economic measures to complement such policies
                    of the United States and to encourage the
                    Government of Nicaragua to take the necessary
                    steps to resolve the conflict;
              (2) to suspend the economic sanctions imposed by the
            President on May 1, 1985, and the United States
            military maneuvers in Honduras and off the coast of
            Nicaragua, if the Government of Nicaragua agrees--
                      (A) to a cease fire,
                      (B) to open a dialogue with all elements of
                    the opposition, including the Nicaraguan
                    democratic resistance, and
                      (C) to suspend the state of emergency in
                    Nicaragua;
              (3) to call upon the Nicaraguan democratic resistance
            to remove from their ranks any individuals who have
            engaged in human rights abuses; and
              (4) to resume bilateral discussions with the
            Government of Nicaragua with a view to encouraging--
                      (A) a church-mediated dialogue between the
                    Government of Nicaragua and all elements of the
                    opposition, including the Nicaraguan democratic
                    resistance, in support of internal
                    reconciliation as called for by the Contadora
                    Document of Objectives; and
                      (B) a comprehensive, verifiable agreement
                    among the nations of Central America, based on
                    the Contadora Document of Objectives.
        (j) Reports.--The President shall submit a report to the
    Congress 90 days after the date of enactment of this Act, and
    every 90 days thereafter, on any actions taken to carry out
    subsections (g) and (h). Each such report shall include--
              (1) a detailed statement of any progress made in
            reaching a negotiated settlement referred to in
            subsection (i)(1), including the willingness of the
            Nicaraguan democratic resistance and the Government of
            Nicaragua to negotiate a settlement;
              (2) a detailed accounting of the disbursements made
            to provide humanitarian assistance with the funds
            provided pursuant to subsection (g); and
              (3) a discussion of the alleged human rights
            violations by the Nicaraguan democratic resistance and
            the Government of Nicaragua, including a statement of
            the steps taken by the Nicaraguan democratic resistance
            to comply with the request referred to in subsection
            (i)(3).
        (k) Submission of Request for Additional Assistance for the
    Central America Peace Process.--If the President determines at
    any time after the enactment of this Act that--
              (1) negotiations based on the Contadora Document of
            Objectives of September 9, 1983, have produced an
            agreement, or show promise of producing an agreement,
            or
              (2) other trade and economic measures will assist in
            a resolution of the conflict, or to stabilization in
            the region,
    the President may submit to the Congress a request for budget
    and other authority to provide additional assistance for the
    furtherance of the Central America peace process.
        (l) Statement To Be Included.--The President's request
    pursuant to subsection (k) shall include a detailed statement
    as to progress made to resolve the conflict in the region.
        (m) Consultation With the Congress.--In formulating a
    request pursuant to subsection (k), the President shall consult
    with the Congress.
        (n) House Procedures.--(1) The provisions of this
    subsection apply, during the 99th Congress, to the
    consideration in the House of Representatives of a joint
    resolution with respect to the request submitted by the
    President pursuant to subsection (k).
        (2) For purposes of this subsection, the term ``joint
    resolution'' means only a joint resolution introduced within 3
    legislative days after the Congress receives the request
    submitted by the President pursuant to subsection (k)--
              (A) the matter after the resolving clause of which is
            as follows: ``That the Congress hereby approves the
            additional authority and assistance for the Central
            America peace process that the President requested
            pursuant to the International Security and Development
            Cooperation Act of 1985, notwithstanding section 10 of
            Public Law 91672.'';
              (B) which does not have a preamble; and
              (C) the title of which is as follows: ``Joint
            Resolution relating to Central America pursuant to the
            International Security and Development Cooperation Act
            of 1985.''.
        (3) A joint resolution shall, upon introduction, be
    referred to the appropriate committee or committees of the
    House of Representatives.
        (4) If all the committees of the House to which a joint
    resolution has been referred have not reported the same joint
    resolution by the end of 15 legislative days after the first
    joint resolution was introduced, any committee which has not
    reported the first joint resolution introduced shall be
    discharged from further consideration of that joint resolution
    and that joint resolution shall be placed on the appropriate
    calendar of the House.
        (5)(A) At any time after the first joint resolution placed
    on the appropriate calendar has been on that calendar for a
    period of 5 legislative days, it is in order for any Member of
    the House (after consultation with the Speaker as to the most
    appropriate time for the consideration of that joint
    resolution) to move that the House resolve itself into the
    Committee of the Whole House on the State of the Union for the
    consideration of that joint resolution. The motion is highly
    privileged and is in order even though a previous motion to the
    same effect has been disagreed to. All points of order against
    the joint resolution under clauses 2 and 6 of Rule XXI of the
    Rules of the House are waived. If the motion is agreed to, the
    resolution shall remain the unfinished business of the House
    until disposed of. A motion to reconsider the vote by which the
    motion is disagreed to shall not be in order.
        (B) Debate on the joint resolution shall not exceed ten
    hours, which shall be divided equally between a Member favoring
    and a Member opposing the joint resolution. A motion to limit
    debate is in order at any time in the House or in the Committee
    of the Whole and is not debatable.
        (C) An amendment to the joint resolution is not in order.
        (D) At the conclusion of the debate on the joint
    resolution, the Committee of the Whole shall rise and report
    the joint resolution back to the House, and the previous
    question shall be considered as ordered on the joint resolution
    to final passage without intervening motion.
        (6) As used in this subsection, the term ``legislative
    day'' means a day on which the House is in session.
        (o) Senate Procedures.--A joint resolution which is
    introduced in the Senate within 3 calendar days after the day
    on which the Congress receives a Presidential request described
    in subsection (k) and which, if enacted, would grant the
    President the authority to take any or all of the actions
    described in subsection (k) shall be considered in accordance
    with procedures contained in paragraphs (3) through (7) of
    section 8066(c) of the Department of Defense Appropriations
    Act, 1985 (as contained in Public Law 98-473), except that--
              (1) references in such paragraphs to the Committees
            on Appropriations of the Senate shall be deemed to be
            references to the appropriate committee or committees
            of the Senate; and
              (2) amendments to the joint resolution are in order.
        (p) \37\ * * * [Repealed--1987]
    ---------------------------------------------------------------------------
        \37\ Subsec. (p) was repealed by sec. 111(m)(1) of the Continuing
    Appropriations Act, 1988 (Public Law 100-202; 101 Stat. 1329-441). It
    formerly read as follows:
        ``Submission of Request for Additional Assistance for Nicaraguan
    Democratic Resistance.--If the President determines at any time after
    the enactment of this Act that--
    ---------------------------------------------------------------------------

            ``(1) negotiations based on the Contadora Document of
            Objectives of September 9, 1983, have failed to produce an
            agreement, or
            ``(2) other trade and economic measures have failed to resolve
            the conflict
    the President may submit to the Congress a request for budget and other
    authority to provide additional assistance for the Nicaraguan
    democratic resistance.''.
        (q) Statement To Be Included.--The President's request
    pursuant to subsection (p) shall include a detailed statement
    as to why the negotiations or other measures have failed to
    resolve the conflict in the region.
        (r) Consultation With the Congress.--In formulating a
    request pursuant to subsection (p), the President shall consult
    with the Congress.
        (s) \38\ * * * [Repealed--1987]
    ---------------------------------------------------------------------------
        \38\ Subsec. (s) was repealed by sec. 111(m)(1) of the Continuing
    Appropriations Act, 1988 (Public Law 100-202; 101 Stat. 1329-441). It
    formerly read as follows:
        ``House Procedures.--(1) The provisions of this subsection apply,
    during the 99th Congress, to the consideration in the House of
    Representatives of a joint resolution with respect to the request
    submitted by the President pursuant to subsection (p).
        ``(2) For purposes of this subsection, the term `joint resolution'
    means only a joint resolution introduced within 3 legislative days
    after the Congress receives the request submitted by the President
    pursuant to subsection (p)--
        ``(A) the matter after the resolving clause of which is as follows:
    `That the Congress hereby approves the additional authority and
    assistance for the Nicaraguan democratic resistance that the President
    requested pursuant to the International Security and Development
    Cooperation Act of 1985, notwithstanding section 10 of Public Law
    91672.';
        ``(B) which does not have a preamble; and
        ``(C) the title of which is as follows: `Joint Resolution relating
    to Central America pursuant to the International Security and
    Development Cooperation Act of 1985.'.
        ``(3) A joint resolution shall, upon introduction, be referred to
    the appropriate committee or committees of the House of
    Representatives.
        ``(4) If all the committees of the House to which a joint
    resolution has been referred have not reported the same joint
    resolution by the end of 15 legislative days after the first joint
    resolution was introduced, any committee which has not reported the
    first joint resolution introduced shall be discharged from further
    consideration of that joint resolution and that joint resolution shall
    be placed on the appropriate calendar of the House.
        ``(5)(A) At any time after the first joint resolution placed on the
    appropriate calendar has been on that calendar for a period of 5
    legislative days, it is in order for any Member of the House (after
    consultation with the Speaker as to the most appropriate time for the
    consideration of that joint resolution) to move that the House resolve
    itself into the Committee of the Whole House on the State of the Union
    for the consideration of that joint resolution. The motion is highly
    privileged and is in order even though a previous motion to the same
    effect has been disagreed to. All points or order against the joint
    resolution under clauses 2 and 6 of Rule XXI of the Rules of the House
    are waived. If the motion is agreed to, the resolution shall remain the
    unfinished business of the House until disposed of. A motion to
    reconsider the vote by which the motion is disagreed to shall not be in
    order.
        ``(B) Debate on the joint resolution shall not exceed ten hours,
    which shall be divided equally between a Member favoring and a Member
    opposing the joint resolution. A motion to limit debate is in order at
    any time in the House or in the Committee of the Whole and is not
    debatable.
        ``(C) An amendment to the joint resolution is not in order.
        ``(D) At the conclusion of the debate on the joint resolution, the
    Committee of the Whole shall rise and report the joint resolution back
    to the House, and the previous question shall be considered as ordered
    on the joint resolution to final passage without intervening motion.
        ``(6) As used in this subsection, the term `legislative day' means
    a day on which the House is in session.''.
    ---------------------------------------------------------------------------
        (t) \39\ * * * [Repealed--1987]
    ---------------------------------------------------------------------------
        \39\ Subsec. (t) was repealed by sec. 111(m)(1) of the Continuing
    Appropriations Act, 1988 (Public Law 100-202). It formerly read as
    follows:
        ``Senate Procedures.--A joint resolution which is introduced in the
    Senate within 3 calendar days after the day on which the Congress
    receives a Presidential request described in subsection (p) and which,
    if enacted, would grant the President the authority to take any or all
    of the actions described in subsection (p) shall be considered in
    accordance with procedures contained in paragraphs (3) through (7) of
    section 8066(c) of the Department of Defense Appropriations Act, 1985
    (as contained in Public Law 98-473), except that--
        ``(1) references in such paragraphs to the Committees on
    Appropriations of the Senate shall be deemed to be references to the
    appropriate committee or committees of the Senate; and
        ``(2) amendments to the joint resolution are in order.''.
    ---------------------------------------------------------------------------
        (u) Congressional Rulemaking Powers.--Subsections (n), (o),
    (s), and (t) are enacted--
              (1) as exercises of the rulemaking powers of the
            House of Representatives and Senate, and as such they
            are deemed a part of the Rules of the House and the
            Rules of the Senate, respectively, but applicable only
            with respect to the procedure to be followed in the
            House and the Senate in the case of joint resolutions
            under this section, and they supersede other rules only
            to the extent that they are inconsistent with such
            rules; and
              (2) with full recognition of the constitutional right
            of the House and the Senate to change their rules at
            any time, in the same manner, and to the same extent as
            in the case of any other rule in the House or Senate,
            and of the right of the Committee on Rules of the House
            of Representatives to report a resolution for the
            consideration of any measure.

                               TITLE VIII--AFRICA

    SEC. 801. BALANCE-OF-PAYMENTS SUPPORT FOR COUNTRIES IN AFRICA.

        (a) ESF Commodity Import and Sector Programs.--Agreements
    with countries in Africa which provide for the use of funds
    made available to carry out chapter 4 of part II of the Foreign
    Assistance Act of 1961 for the fiscal years 1986 and 1987 to
    finance imports by those countries (under commodity import
    programs or sector programs) shall require that those imports
    be used to meet long-term development needs in those countries
    in accordance with the following criteria:
              (1) Spare parts and other imports shall be allocated
            on the basis of evaluations, by the agency primarily
            responsible for administering part I of that Act, of
            the ability of likely recipients to use such spare
            parts and imports in a maximally productive, employment
            generating, and cost effective way.
              (2) Imports shall be coordinated with investments in
            accordance with the recipient country's plans for
            promoting economic development. The agency primarily
            responsible for administering part I of that Act shall
            assess such plans to determine whether they will
            effectively promote economic development.
              (3) Emphasis shall be placed on imports for
            agricultural activities which will expand agricultural
            production, particularly activities which expand
            production for export or production to reduce reliance
            on imported agricultural products.
              (4) Emphasis shall also be placed on a distribution
            of imports having a broad development impact in terms
            of economic sectors and geographic regions.
              (5) In order to maximize the likelihood that the
            imports financed by the United States under such
            chapter are in addition to imports which would
            otherwise occur, consideration shall be given to
            historical patterns of foreign exchange uses.
              (6)(A) Seventy-five percent of the foreign currencies
            generated by the sale of such imports by the government
            of the country shall be deposited in a special account
            established by that government and, except as provided
            in subparagraph (B), shall be available only for use in
            accordance with the agreement for economic development
            activities which are consistent with the policy
            directions of section 102 of the Foreign Assistance Act
            of 1961 and which are the types of activities for which
            assistance may be provided under sections 103 through
            106 of that Act.
              (B) The agreement shall require that the government
            of the country make available to the United States
            Government such portion of the amount deposited in the
            special account as may be determined by the President
            to be necessary for requirements of the United States
            Government.
        (b) Annual Evaluations.--The agency primarily responsible
    for administering part I of the Foreign Assistance Act of 1961
    shall conduct annual evaluations of the extent to which the
    criteria set forth in this subsection have been met.

    SEC. 802.\40\ ECONOMIC SUPPORT ASSISTANCE FOR SOUTHERN AFRICA.

        (a) Funds for Southern Africa Regional Programs.--Of the
    amounts authorized to be appropriated to carry out chapter 4 of
    part II of the Foreign Assistance Act of 1961, not less than
    $30,000,000 for fiscal year 1986 and not less than $30,000,000
    for fiscal year 1987 shall be available only for regional
    programs in southern Africa. Not less than 50 percent of each
    of these amounts shall be allocated to assist sector projects
    supported by the Southern Africa Development Coordination
    Conference (SADCC) to enhance the economic development of the
    nine member states forming this important regional institution,
    especially in the following sectors: transportation,
    agriculture research and training, manpower development, and
    institutional support for the SADCC secretariat.
    ---------------------------------------------------------------------------
        \40\ Sec. 4(b)(1) of the South African Democratic Transition
    Support Act of 1993 (Public Law 103-149; 107 Stat. 1505) repealed
    subsec. (c) and (d) of this section. Those subsections stated
    eligibility criteria for funds for South Africa educational training
    programs and for the Human Rights Fund for South Africa through chapter
    4 of part II of the Foreign Assistance Act of 1961 for fiscal years
    1986 and 1987.
    ---------------------------------------------------------------------------
        (b) Studies Relating to Southern Africa Regional
    Programs.--(1) The administrator of the agency primarily
    responsible for administering part I of the Foreign Assistance
    Act of 1961 shall conduct a study which evaluates--
              (A) the assistance which that agency provides to the
            Southern Africa Development Coordination Conference and
            other African regional institutions and economic
            development organizations, and
              (B) ways to improve such assistance.
        (2) The administrator shall also conduct a study which
    assesses what type of bureaucratic mechanism within that agency
    might be established to coordinate assistance to all African
    regional institutions.
        (3) The administrator shall submit the results of the
    studies conducted pursuant to this subsection to the Congress
    within 3 months after the date of enactment of this Act.

    SEC. 803. POLICY TOWARD SOUTH AFRICAN ``HOMELANDS''.

        (a) Findings.--The Congress finds that--
              (1) the sanctity of the family, individual liberty,
            maximum freedom of choice, ownership of private
            property, and equal treatment of all citizens,
            regardless of race, are principles which are fully
            supported by the American people;
              (2) the forced relocation of blacks by the Government
            of the Republic of South Africa to designated
            ``homelands'' divides families, as families are
            required to remain in the ``homelands'' while fathers
            seek work in the so-called ``white areas'';
              (3) the forced removal of persons living in so-called
            ``black spots'' in ``white'' rural areas in South
            Africa denies them the fundamental right to live and to
            farm on land they have legally occupied for years, and
            subjects them to arbitrary arrest and detention when
            they seek these rights;
              (4) compared to ``white'' South Africa, the
            designated ``homelands'', which are meant to
            accommodate the largest South African population group
            on a fraction of South African territory and were
            established without the consent of the vast majority of
            the governed, are characterized by high rates of infant
            mortality, unemployment, and malnutrition and by a
            severe shortage of medical services;
              (5) the policy of the Government of the Republic of
            South Africa denies blacks their rightful claim to full
            South African citizenship; and
              (6) the recent violence in South Africa must be seen
            as an inevitable result of the denial of the full
            rights of citizenship.
        (b) Statement of Policy.--It is the sense of the Congress
    that--
              (1) the policy of separate development and the forced
            relocation of the people of the Republic of South
            Africa are inconsistent with fundamental American
            values and internationally recognized principles of
            human rights;
              (2) the Government of the United States should
            continue to regard as citizens of South Africa all
            persons born within the internationally recognized
            boundaries of the Republic of South Africa, and not
            differentiate among these citizens on the basis of the
            South African Government's claim to have granted
            independence to various ``homelands'';
              (3) at such times that any ``homeland'' official
            applies for a visa for travel to the United States,
            such visa should not be granted unless that official
            holds a passport which is recognized as valid by the
            Government of the United States; and
              (4) the Government of the United States should urge
            that the forced relocation of South African citizens be
            discontinued and that policies be adopted for all South
            Africa's citizens which protect the sanctity of the
            family, individual liberty, maximum freedom of choice,
            ownership of private property, and equal treatment of
            all citizens, regardless of race.

    SEC. 804. ASSISTANCE FOR ZAIRE.

        (a) Economic Support Assistance.--Funds allocated for
    assistance for Zaire under chapter 4 of part II of the Foreign
    Assistance Act of 1961 for each of the fiscal years 1986 and
    1987 shall be used only for assistance which is provided in
    accordance with the provisions applicable to assistance under
    chapter 1 of part I of the Foreign Assistance Act of 1961. Such
    assistance shall be provided, to the maximum extent
    practicable, through private and voluntary organizations.
        (b) Military Assistance.--For each of the fiscal years 1986
    and 1987--
              (1) the value of assistance provided under chapter 2
            of part II of the Foreign Assistance Act of 1961 for
            Zaire may not exceed $7,000,000; and
              (2) financing may not be provided under the Arms
            Export Control Act of Zaire.

    SEC. 805. ASSISTANCE FOR TUNISIA.

        (a) Policy Concerning Security Assistance.--The United
    States provides security assistance to Tunisia in recognition
    of the traditional friendship between the United States and
    Tunisia and our common interests in the region. The provision
    of such assistance is also based on the expectation that
    political stability and development in Tunisia will be best
    advanced through continued growth of democratic institutions.
        (b) Earmarking of MAP and ESF.--For each of the fiscal
    years 1986 and 1987--
              (1) not less than $15,000,000 of the amounts
            authorized to be appropriated to carry out chapter 2 of
            part II of the Foreign Assistance Act of 1961, and
              (2) not less than $20,000,000 \41\ of the amounts
            authorized to be appropriated to carry out chapter 4 of
            part II of that Act,
    ---------------------------------------------------------------------------
        \41\ Title III of the Foreign Assistance and Related Programs
    Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
    1301), appropriated for Foreign Military Sales for fiscal year 1986:
    ``not less than $27,000,000 of concessional credits shall be provided
    only for Tunisia.''.
    ---------------------------------------------------------------------------
    shall be available only for Tunisia.

    SEC. 806. POLITICAL SETTLEMENT IN SUDAN.

        (a) Findings.--The Congress finds that--
              (1) friendship and mutual interests bind the United
            States and Sudan; and
              (2) the peace, security, and economic development of
            Sudan depend in large part on addressing the problems
            associated with the traditional north- south division
            in that country through political rather than military
            means.
        (b) \42\ United States Policy.--It is, therefore, the
    policy of the United States that the provision of security
    assistance to Sudan shall be based on the expectation that the
    Government of Sudan will make progress toward reaching a
    political settlement with all parties to the conflict in the
    south of Sudan.
    ---------------------------------------------------------------------------
        \42\ Sec. 542 of the Foreign Assistance and Related Programs
    Appropriations Act, 1987 (sec. 101(f) of Public Law 99-591; 100 Stat.
    3341-236), provided:
        ``None of the funds provided in this Act shall be available for the
    Sudan if the President determines that the Sudan is acting in a manner
    that would endanger the stability of the region, or the Camp David
    peace process.''.
    ---------------------------------------------------------------------------

    SEC. 807. ELECTIONS IN LIBERIA.

        In recognition of the special relationship that the United
    States has with Liberia and of the wide variety of interests
    that the United States has in Liberia, security assistance for
    Liberia for fiscal years 1986 and 1987 is based on the
    expectation of a successful completion of free and fair
    elections, on a multiparty basis, in October 1985 as proposed
    by the Government of Liberia and on a return to full civilian,
    constitutional rule as a consequence of those elections.

    SEC. 808. WESTERN SAHARA.

        (a) United States Policy.--The policy of the United States
    shall be to support a negotiated political solution to the
    conflict in the Western Sahara taking into account the
    principle of self-determination as outlined in the 1981 Nairobi
    resolution and to encourage all parties to the conflict to
    reach a peaceful internationally recognized settlement. As part
    of this policy, the United States should carefully consider
    each type of military assistance it furnishes to any of the
    parties to the conflict and should seek to insure that the
    furnishing of such military assistance is consistent with
    United States policy which seeks a negotiated settlement.
        (b) Further Statement of Policy.--It is the further policy
    of the United States to support Morocco's legitimate defense
    needs and to discourage aggression by any country in North
    Africa against another.
              * * * * * * *

    SEC. 812.\43\ FAILURE OF THE ETHIOPIAN GOVERNMENT TO RESPONSIBLY
                        AMELIORATE FAMINE CONDITIONS. * * * [Repealed--
                        1991]
    ---------------------------------------------------------------------------
        \43\ Sec. 118 of the Further Continuing Appropriations, 1992
    (Public Law 102-145, as amended), repealed sec. 812, subsecs. (c) and
    (d) of which provided the following:
        ``(c) Prohibition on Imports and Exports.--(1) The President shall
    determine, within 30 days after the date of enactment of this Act,
    whether the Ethiopian regime is conducting a deliberate policy of
    starvation of its people and has not granted fundamental human rights
    to its citizens. The President shall submit that determination, and the
    basis for the determination, to the Congress.
        ``(2) If the President determines that such a policy is being
    conducted and that such rights are not being granted, paragraph (3)
    shall take effect if the Congress enacts a joint resolution approving
    that determination.
        ``(3) If the conditions specified in paragraph (1) and (2) are
    met--
    ---------------------------------------------------------------------------

              ``(A) goods and services of Ethiopian origin may not be
            imported into the United States; and
              ``(B) except for emergency relief, rehabilitation, and
            recovery assistance, goods, and services of United States
            origin may not be exported (directly or indirectly) to
            Ethiopia.
    ---------------------------------------------------------------------------
        ``(d) Prohibition on Economic Assistance.--The President shall
    suspend all forms of economic assistance to the Government of Ethiopia.
    This section shall not be construed to prevent the furnishing of
    international disaster assistance under section 491 of the Foreign
    Assistance Act of 1961 or economic assistance which will directly
    benefit people in accordance with section 116 of that Act.''.
    ---------------------------------------------------------------------------

    SEC. 813. ASSISTANCE FOR THE PEOPLE'S REPUBLIC OF MOZAMBIQUE.

        (a) Economic Assistance.--The funds authorized to be
    appropriated for fiscal years 1986 and 1987 to carry out
    chapter 1 of part I (relating to development assistance) and
    chapter 4 of part II (relating to the economic support fund) of
    the Foreign Assistance Act of 1961 that are allocated for
    bilateral assistance to the People's Republic of Mozambique
    shall be used solely for assistance to the private sector of
    the economy of Mozambique to the maximum extent practicable. To
    the maximum extent practicable, such funds shall be channeled
    to non-governmental entities in Mozambique.
        (b) Military Assistance.--(1) None of the funds authorized
    to be appropriated for fiscal year 1986 or fiscal year 1987 to
    carry out chapter 2 of part II (relating to grant military
    assistance) or chapter 5 of part II (relating to international
    military education and training) of the Foreign Assistance Act
    of 1961 shall be used to provide assistance to the People's
    Republic of Mozambique unless the President makes the
    certification described in paragraph (2) before providing any
    such assistance for that fiscal year.
        (2) The certification required by paragraph (1) is a
    certification by the President to the Speaker of the House of
    Representatives and to the chairman of the Committee on Foreign
    Relations of the Senate that the Government of the People's
    Republic of Mozambique--
              (A) is making a concerted and significant effort to
            comply with internationally recognized human rights;
              (B) is making continued progress in implementing
            essential economic and political reforms, including the
            restoration of private property and respect for the
            right to engage in free enterprise in all sectors of
            the economy;
              (C) has implemented a plan by September 30, 1986, to
            reduce the number of foreign military personnel to no
            more than 55; and
              (D)(i) in the case of a certification with respect to
            assistance for fiscal year 1986, is committed to
            holding free elections at a date no later than
            September 30, 1986, and to that end has demonstrated
            its good faith efforts to begin discussions with all
            major political factions in Mozambique which have
            declared their willingness to find and implement an
            equitable political solution to the conflict, with such
            solution to involve a commitment to--
                      (I) the electoral process with
                    internationally recognized observers; and
                      (II) the elimination of all restrictions on
                    the formation and activities of opposition
                    political parties; and
              (ii) in the case of a certification with respect to
            assistance for fiscal year 1987, held free elections by
            September 30, 1986.

                                 TITLE IX--ASIA

    SEC. 901. THE PHILIPPINES.\44\

        (a) Democracy in the Philippines.--It is the sense of the
    Congress that the United States should encourage the
    revitalization of democracy in the Philippines. To that end,
    the Congress affirms its intention to grant future aid to the
    Philippines according to the determination of the Congress that
    United States security interests are enhanced and sufficient
    progress is made by the Government of the Philippines in--
    ---------------------------------------------------------------------------
        \44\ Title II of the Foreign Assistance and Related Programs
    Appropriations Act, 1987 (sec. 101(f) of Public Law 99-591; 100 Stat.
    3341-221), provided:
    ---------------------------------------------------------------------------

                            ``ECONOMIC SUPPORT FUND
    ---------------------------------------------------------------------------
        ``That not less than an additional sum of $200,000,000 shall be
    available only for the Philippines: * * *.''
        Title I, Chapter V of the Urgent Supplemental Appropriations Act,
    1986 (Public Law 99-349; 100 Stat. 726), further provided:
    ---------------------------------------------------------------------------

                    ``Special Assistance to the Philippines

                            ``ECONOMIC SUPPORT FUND
    ---------------------------------------------------------------------------
        ``For an additional amount for the `Economic Support Fund',
    $100,000,000, to remain available until March 31, 1987: Provided, That
    this amount shall be available only for the Philippines: Provided
    further, That none of these funds may be available for obligation
    unless the Appropriations Committees of both Houses of Congress are
    previously notified fifteen days in advance.
    ---------------------------------------------------------------------------

                             ``MILITARY ASSISTANCE
    ---------------------------------------------------------------------------
        ``For an additional amount for `Military Assistance', $50,000,000,
    to remain available until March 31, 1987: Provided, That this amount
    shall be available only for the Philippines: Provided further, That
    none of these funds may be available for obligation unless the
    Appropriations Committees of both Houses of Congress are previously
    notified fifteen days in advance.''.
    ---------------------------------------------------------------------------
              (1) guaranteeing free, fair, and honest elections in
            1986 and 1987, or sooner should any such elections
            occur;
              (2) ensuring the full, fair, and open prosecution of
            those responsible for the murder of Benigno Aquino,
            including those involved in the cover-up;
              (3) ensuring freedom of speech and freedom of the
            press, and unrestricted access to the media on the part
            of all candidates for public office in the local and
            provincial elections of 1986 and the Presidential
            election of 1987;
              (4) establishing the writ of habeas corpus and the
            termination of the Presidential Detention Action and
            all other forms of detention without charge or trial;
              (5) releasing all individuals detained or imprisoned
            for peaceful political activities;
              (6) making substantial progress in terminating
            extrajudicial killings by the Philippine military and
            security forces and the prosecution of those
            responsible for such killings in the past;
              (7) implementing structural economic reforms and a
            strengthening of the private sector, including
            elimination of corruption and monopolies; and
              (8) enhancing the professional capability of the
            Philippine armed forces and security forces (including
            the Philippine Constabulary and the Civilian House
            Defense Forces).
        (b) Primary Purpose of United States Assistance.--The
    Congress finds and declares that the primary purpose of United
    States assistance to the Philippines should be to maintain and
    foster friendly relations between the people of the Philippines
    and the people of the United States and to encourage the
    restoration of internal security, both of which goals can be
    best served by the achievement of an open and stable democracy.
        (c) Congressional Oversight.--The Congress, in determining
    future aid levels for the Philippines, will take into account
    not only our military bases agreement with that country, but
    also the extent to which the objectives and goals specified in
    subsections (a) and (b) have been implemented. The Congress may
    defer assistance for the Philippines under both chapter 2 of
    part II of the Foreign Assistance Act of 1961 and the Arms
    Export Control Act if--
              (1) significant progress is not achieved with respect
            to the objectives and goals specified in subsections
            (a) and (b), or
              (2) the Congress finds that such assistance is used
            to violate the internationally recognized human rights
            of the Filipino people.
        (d) \45\ * * * [Repealed--1986]
    ---------------------------------------------------------------------------
        \45\ Sec. 556 of the Foreign Assistance and Related Programs
    Appropriations Act (in sec. 101(f) of Public Law 99-591; 100 Stat.
    334), repealed sec. (d). It formerly read as follows:
        ``(d) Amounts of Assistance.--Of the amounts authorized to be
    appropriated for each of the fiscal years 1986 and 1987--
    ---------------------------------------------------------------------------

              ``(1) to carry out the Arms Export Control Act (relating to
            foreign military sales financing), not more than $20,000,000
            may be used for assistance for the Philippines;
              ``(2) to carry out chapter 2 of part II of the Foreign
            Assistance Act of 1981 (relating to grant military assistance),
            not more than $50,000,000 may be used for assistance for the
            Philippines; and
              ``(3) to carry out chapter 4 of part II of the Foreign
            Assistance Act of 1981 (relating to the economic support fund),
            $110,000,000 shall be available only for the Philippines.''.
        (e) Nonlethal Assistance.--Assistance provided for the
    Philippines for fiscal year 1986 under the Arms Export Control
    Act or under chapter 2, of part II of the Foreign Assistance
    Act of 1961 shall be nonlethal in character.
              * * * * * * *

    SEC. 903. DISADVANTAGED CHILDREN IN ASIA.

        (a) * * *
        (b) Additional Steps To Help Amerasian Children.--The
    Congress finds that Amerasian children are currently the object
    of discrimination in the countries in Asia where they now
    reside. Therefore, the President shall report to the Congress
    on the quality of life of these children and on what additional
    steps, such as facilitating adoptions, the United States could
    take to enhance the lives of these children.

    SEC. 904.\46\ ASSISTANCE FOR AFGHANISTAN.

        (a) Authorization.--The President may make available funds
    authorized to be appropriated to carry out chapter 4 of part II
    of the Foreign Assistance Act of 1961 (relating to the economic
    support fund) for the provision of food, medicine, or other
    humanitarian assistance to the Afghan people, notwithstanding
    any other provision of law.
    ---------------------------------------------------------------------------
        \46\ 22 U.S.C. 2374 note.
    ---------------------------------------------------------------------------
        (b) \47\ Earmarking of Funds.--Each fiscal year, not less
    than $15,000,000 of the aggregate amount of funds available to
    carry out chapter 4 of part II of the Foreign Assistance Act of
    1961 shall be available only for humanitarian assistance to the
    Afghan people pursuant to subsection (a) of this section.
    ---------------------------------------------------------------------------
        \47\ Sec. 541 of the Foreign Assistance and Related Programs
    Appropriations Act, 1987 (sec. 101(f) of Public Law 99-591; 100 Stat.
    3341-236), provided:
        ``Not less than $300,000,000 of the aggregate amount of funds
    appropriated by this Act to carry out the provisions of chapter 1 of
    part I of the Foreign Assistance Act of 1961 and chapter 4 of part II
    of that Act, shall be available for the provision of food, medicine, or
    other humanitarian assistance to the Afghan people, notwithstanding any
    other provision of law.''.
    ---------------------------------------------------------------------------
        (c) Effective Dates.--This section shall take effect on the
    date of enactment of this Act, except that subsection (b) shall
    not apply to fiscal year 1985.

    SEC. 905. ASSISTANCE FOR THE CAMBODIAN PEOPLE.

        The President may make available to the noncommunist
    resistance forces in Cambodia up to $5,000,000 for fiscal year
    1986, and up to $5,000,000 for fiscal year 1987, of the funds
    authorized to be appropriated to carry out chapter 2 (relating
    to grant military assistance) or chapter 4 (relating to the
    economic support fund) of part II of the Foreign Assistance Act
    of 1961, notwithstanding any other provision of law.

    SEC. 906. PROHIBITION ON CERTAIN ASSISTANCE TO THE KHMER ROUGE.

        (a) Prohibition.--Notwithstanding any other provision of
    law, none of the funds authorized to be appropriated by this
    Act or any other Act may be obligated or expended for the
    purpose or with the effect of promoting, sustaining, or
    augmenting, directly or indirectly, the capacity of the Khmer
    Rouge or any of its members to conduct military of paramilitary
    operations in Cambodia or elsewhere in Indochina.
        (b) Deobligation of Certain Funds.--All funds appropriated
    before the date of enactment of this section which were
    obligated but not expended for activities having the purpose or
    effect described in subsection (a) shall be deobligated and
    shall be deposited in the Treasury of the United States as
    miscellaneous receipts.
        (c) Exception for Humanitarian Assistance.--This section
    shall not be construed as limiting the provision of food,
    medicine, or other humanitarian assistance to the Cambodian
    people.

    SEC. 907. POLITICAL SETTLEMENT IN SRI LANKA.

        (a) Findings.--The Congress finds that--
              (1) the Government and people of Sri Lanka and the
            Government and people of the United States share a
            common devotion to independence, democracy, and human
            rights;
              (2) the United States is concerned over the armed
            clashes between the security forces of the Government
            of Sri Lanka and some Sri Lankans who seek through
            violent means, including terrorist attacks, to divide
            that nation;
              (3) there have been acts of terrorism committed
            against members of the Sri Lankan security forces, as
            well as against civilians, and there have been human
            rights abuses by members of the security forces against
            civilians, particularly Tamils, despite the efforts of
            the Government, which the Congress believes must be
            intensified, to put an end to those abuses;
              (4) the differences and grievances in Sri Lanka
            cannot be resolved through the use of force; and
              (5) the United States is a proud participant through
            its economic assistance programs in Sri Lanka's highly
            regarded development efforts and looks forward to
            enhanced cooperation and assistance in the context of a
            political settlement in Sri Lanka leading to the kind
            of peaceful climate in which additional aid could be
            effectively utilized.
        (b) Political Settlement.--It is, therefore, the sense of
    the Congress that--
              (1) all parties in Sri Lanka, from all communities in
            and out of government, should renew their efforts to
            achieve a joint political settlement which meets the
            legitimate concerns of all the people of Sri Lanka,
            while preserving the territorial integrity of Sri
            Lanka; and
              (2) all parties outside Sri Lanka should do nothing
            which would impede progress toward such a settlement.

    SEC. 908. UNITED STATES POLICY TOWARD THE REPUBLIC OF KOREA.

        (a) Findings.--The Congress finds that--
              (1) the Government of the Republic of Korea has taken
            several significant and encouraging steps in
            liberalizing the political system in that country;
              (2) among the steps which have facilitated a more
            democratic environment are the release of hundreds of
            student demonstrators, the lifting of a political ban
            on more than 300 opposition leaders, and the holding of
            a vigorously contested election for the National
            Assembly in which the opposition made substantial
            gains;
              (3) despite these steps, the people of the Republic
            of Korea, who have become increasingly better educated
            and prosperous as a result of Korea's extraordinarily
            rapid economic development, have the desire and the
            capability to participate more fully and effectively in
            the government of their own country; and
              (4) while internationally recognized human rights are
            clearly respected much more in the Republic of Korea
            than in the Democratic People's Republic of Korea,
            continued progress toward democratization in the south
            is in the interests of both the Republic of Korea and
            the United States, inasmuch as long-term political
            stability cannot be assured in the absence of further
            progress towards democratic government.
        (b) United States Policy.--It is the policy of the United
    States to provide assistance to the Republic of Korea in order
    to help that country defend itself against external aggression.
    It is the hope of the United States that the continuing close
    relations between our two countries, including such assistance,
    will encourage the establishment of a genuinely democratic
    system in the Republic of Korea, in which internationally
    recognized human rights, including freedom of the press,
    freedom of association, and freedom of assembly are observed.

                   TITLE X--FOOD AND AGRICULTURAL ASSISTANCE

              * * * * * * *

    SEC. 1008. LONG-TERM AGRICULTURAL COMMODITY AGREEMENTS WITH FOOD
                        DEFICIT COUNTRIES.

        As part of the United States foreign assistance program,
    the President should explore the possibility of concluding
    long-term agricultural commodity agreements to help stabilize
    and increase the flow of concessional and commercial foodstuffs
    with food deficit countries. The President shall prepare and
    transmit to the Congress a report on his efforts to achieve
    such long-term agreements by June 1, 1986.

                             TITLE XI--PEACE CORPS

              * * * * * * *

    SEC. 1103.\48\ LIMITATION ON LENGTH OF PEACE CORPS EMPLOYMENT. * * *
    ---------------------------------------------------------------------------

        \48\ For text, see Legislation on Foreign Relations Through 2000,
    vol. I-B.
    ---------------------------------------------------------------------------

    SEC. 1104.\48\ PEACE CORPS NATIONAL ADVISORY COUNCIL.

              * * * * * * *

       TITLE XII--MISCELLANEOUS PROVISIONS RELATING TO FOREIGN ASSISTANCE

              * * * * * * *

    SEC. 1205.\49\ REPORTS ON ECONOMIC CONDITIONS IN CERTAIN COUNTRIES.

        (a) External Debt Burden of Certain Countries Receiving
    United States Assistance.--The Congress finds that the
    Governments of Egypt, Israel, Turkey, and Portugal each have an
    enormous external debt burden which may be made more difficult
    by virtue of financing provided for those governments under
    various United States assistance programs.
    ---------------------------------------------------------------------------
        \49\ 22 U.S.C. 2346 note. Sec. 209(e)(1) of the Admiral James W.
    Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
    2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of
    Public Law 106-113; 113 Stat. 1536), exempted the reports required
    pursuant to sec. 1205 from the application of sec. 3003(a)(1) of the
    Federal Reports Elimination and Sunset Act of 1995 (Public Law 104-66;
    31 U.S.C. 1113 note), as amended, which provided that ``each provision
    of law requiring the submittal to Congress (or any committee of the
    Congress) of any annual, semiannual, or other regular periodic report
    specified * * * shall cease to be effective, with respect to that
    requirement, May 15, 2000.''.
    ---------------------------------------------------------------------------
        (b) Annual Reports on Economic Conditions.--In order to
    assist the Congress in examining United States assistance for
    those countries, the President shall report to the Speaker of
    the House of Representatives and to the chairman of the
    Committee on Foreign Relations of the Senate, not later than
    January 15 of each year, regarding economic conditions
    prevailing in Egypt, Israel, Turkey, and Portugal which may
    affect their respective ability to meet their international
    debt obligations and to stabilize their economies.

    SEC. 1206. EGYPTIAN-ISRAELI RELATIONS.

        The Congress notes the recent effort of Egypt to move the
    peace process forward. However, the Congress continues to be
    concerned about the less than normal relations between Egypt
    and Israel. It is the sense of the Congress that all United
    States foreign assistance to Egypt is provided in the
    expectation that the Egyptian Government will continue in its
    efforts to bring peace to the region and that it will continue
    to support and fulfill the provisions of the Camp David Accords
    and the Egyptian-Israeli Peace Treaty.
              * * * * * * *

    SEC. 1210. REPORT ON UNITED STATES ASSISTANCE TO COAL EXPORTING
                        NATIONS.

        Not later then 30 days after the date of enactment of this
    Act, the President shall submit to the appropriate committees
    of the Congress a report describing the status and terms of,
    and containing all other pertinent information relating to, any
    United States Government assistance which is provided to
    foreign nations that produce or export coal for the purpose of
    financing or assisting in the development of coal production,
    transportation, export, or other coal-related activities or
    operations.
              * * * * * * *

                      TITLE XIII--MISCELLANEOUS PROVISIONS

    SEC. 1301.\50\ EFFECTIVE DATE.

        Except as otherwise provided in this Act, this Act shall
    take effect on October 1, 1985.
    ---------------------------------------------------------------------------
        \50\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

    SEC. 1302.\51\ CODIFICATION OF POLICY PROHIBITING NEGOTIATIONS WITH THE
                        PALESTINE LIBERATION ORGANIZATION

        (a) United States Policy.--The United States in 1975
    declared in a memorandum of agreement with Israel, and has
    reaffirmed since, that ``The United States will continue to
    adhere to its present policy with respect to the Palestine
    Liberation Organization, whereby it will not recognize or
    negotiate with the Palestine Liberation Organization so long as
    the Palestine Liberation Organization does not recognize
    Israel's right to exist and does not accept Security Council
    Resolutions 242 and 338.''.
    ---------------------------------------------------------------------------
        \51\ 22 U.S.C. 2151 note. Sec. 531 of the Foreign Assistance
    Appropriations Act, 1986 (Sec. 101(i) of Public Law 99-190; 99 Stat.
    1307), provided the following:
        ``In reaffirmation of the 1975 memorandum of agreement between the
    United States and Israel, and in accordance with section 1302 of the
    International Security and Development Cooperation Act of 1985 (Public
    Law 99-83), no employee of or individual acting on behalf of the United
    States Government shall recognize or negotiate with the Palestine
    Liberation Organization or representatives thereof, so long as the
    Palestine Liberation Organization does not recognize Israel's right to
    exist, does not accept Security Council Resolutions 242 and 338, and
    does not renounce the use of terrorism.''. Sec. 530 of the Foreign
    Assistance and Related Programs Appropriations Act, 1987 (sec. 101(f)
    of Public Law 99-591; 100 Stat. 3341-231) contained identical language.
        Sec. 527 of the Foreign Assistance and Related Agencies
    Appropriations Act 1987 (see. 101(f) of Public Law 99-591; 100 Stat.
    3341-230) provided:
        ``Notwithstanding any other provision of law or this Act, none of
    the funds provided for ``International organizations and programs''
    shall be available for the United States proportionate share for any
    programs for the Palestine Liberation Organization, the Southwest
    African Peoples Organization, Libya, Iran, or, at the discretion of the
    President, Communist countries listed in section 620(f) of the Foreign
    Assistance Act of 1961, as amended.''.
    ---------------------------------------------------------------------------
        (b) Reaffirmation and Codification of Policy.--The United
    States hereby reaffirms that policy. In accordance with that
    policy, no officer or employee of the United States Government
    and no agent or other individual acting on behalf of the United
    States Government shall negotiate with the Palestine Liberation
    Organization or any representatives thereof (except in
    emergency or humanitarian situations) unless and until the
    Palestine Liberation Organization recognizes Israel's right to
    exist, accepts United Nations Security Council Resolutions 242
    and 338 and renounces the use of terrorism, except that no
    funds authorized to be appropriated by this or any other Act
    may be obligated or made available for the conduct of the
    current dialogue on the Middle East process with any
    representative of the Palestine Liberation Organization if the
    President knows and advises the Congress that the
    representative directly participated in the planning or
    execution of a particular terrorist activity which resulted in
    the death or kidnapping of a United States citizen.\52\
    ---------------------------------------------------------------------------
        \52\ Sec. 108 of the Foreign Relations Authorization Act, Fiscal
    Years 1990 and 1991 (Public Law 101-246; 104 Stat. 15; approved
    February 16, 1990), added text to this point from ``, except that no
    funds * * *''.
    ---------------------------------------------------------------------------

    SEC. 1303.\53\ COMMISSION FOR THE PRESERVATION OF AMERICA'S HERITAGE
                        ABROAD.

        (a) Purpose.--Because the fabric of a society is
    strengthened by visible reminders of the historical roots of
    the society, it is in the national interest of the United
    States to encourage the preservation and protection of the
    cemeteries, monuments, and historic buildings associated with
    the foreign heritage of United States citizens.
    ---------------------------------------------------------------------------
        \53\ 16 U.S.C. 469j. Title IV of the Departments of Commerce,
    Justice, and State, the Judiciary, and Related Agencies Appropriations
    Act, 2001 (H.R. 5548, enacted by reference in sec. 1(a)(2) of Public
    Law 106-553; 114 Stat. 2762A-98), provided the following:
    ---------------------------------------------------------------------------

         ``COMMISSION FOR THE PRESERVATION OF AMERICA'S HERITAGE ABROAD

                            ``SALARIES AND EXPENSES
    ---------------------------------------------------------------------------
        ``For expenses for the Commission for the Preservation of America's
    Heritage Abroad, $490,000, as authorized by section 1303 of Public Law
    99-83.''.
    ---------------------------------------------------------------------------
        (b) Establishment.--There is established a commission to be
    known as the Commission for the Preservation of America's
    Heritage Abroad (hereafter in this section referred to as the
    ``Commission'').
        (c) Duties.--The Commission shall--
              (1) identify and publish a list of those cemeteries,
            monuments, and historic buildings located abroad which
            are associated with the foreign heritage of United
            States citizens from eastern and central Europe,
            particularly those cemeteries, monuments, and buildings
            which are in danger of deterioration or destruction;
              (2) encourage the preservation and protection of such
            cemeteries, monuments, and historic buildings by
            obtaining, in cooperation with the Department of State,
            assurances from foreign governments that the
            cemeteries, monuments, and buildings will be preserved
            and protected; and
              (3) prepare and disseminate reports on the condition
            of and the progress toward preserving and protecting
            such cemeteries, monuments, and historic buildings.
        (d) Membership.--(1) The Commission shall consist of 21
    members appointed by the President, 7 of whom shall be
    appointed after consultation with the Speaker of the House of
    Representatives and 7 of whom shall be appointed after
    consultation with the President pro tempore of the Senate.
        (2)(A) Except as provided in subparagraphs (B) and (C),
    members of the Commission shall be appointed for terms of 3
    years.
        (B) Of the members first appointed after consultation with
    the Speaker of the House of Representatives, 5 shall be
    appointed for 2 years.
        (C) A member appointed to fill a vacancy on the Commission
    shall serve for the remainder of the term for which the
    member's predecessor was appointed.
        (D) A member may retain membership on the Commission until
    the member's successor has been appointed.
        (3) The President shall designate the Chairman of the
    Commission from among its members.
        (e) Meetings. The Commission shall meet at least once every
    six \54\ months.
    ---------------------------------------------------------------------------
        \54\ Sec. 620 of the Departments of Commerce, Justice, and State,
    the Judiciary and Related Agencies Appropriations Act, 1999 (division
    A, sec. 101(b) of Public Law 105-277; 112 Stat. 2681) struck out
    ``three'' and inserted in lieu thereof ``six''.
    ---------------------------------------------------------------------------
        (f) Compensation and Per Diem.--(1) Members of the
    Commission shall receive no pay on account of their service on
    the Commission.
        (2) While away from their homes or regular places of
    business in the performance of services for the Commission,
    members of the Commission shall be allowed travel expenses,
    including per diem in lieu of subsistence, in the same manner
    as persons employed intermittently in the Government service
    are allowed expenses under section 5703 of title 5 of the
    United States Code.
        (g) Authorities.--(1) The Commission or any member it
    authorizes may, for the purposes of carrying out this section,
    hold such hearings, sit and act at such times and places,
    request such attendance, take such testimony, and receive such
    evidence, as the Commission considers appropriate.
        (2) The Commission may appoint such personnel (subject to
    the provisions of title 5 of the United States Code which
    govern appointments in the competitive service) and may fix the
    pay of such personnel (subject to the provisions of chapter 51
    and subchapter III of chapter 53 of such title, relating to
    classification and General Schedule pay rates) as the
    Commission deems desirable.
        (3) The Commission may procure temporary and intermittent
    services to the same extent as is authorized by section 3109(b)
    of title 5 of the United States Code, but at rates for
    individuals not to exceed the daily equivalent of the maximum
    annual rate of basic pay then in effect for grade GS-18 of the
    General Schedule (5 U.S.C. 5332(a)).
        (4) Upon request of the Commission, the head of any Federal
    department or agency, including the Secretary of State, may
    detail, on a reimbursable basis, any of the personnel of such
    department or agency to the Commission to assist it in carrying
    out its duties under this section.
        (5) The Commission may secure directly from any department
    or agency of the United States, including the Department of
    State, any information necessary to enable it to carry out this
    section. Upon the request of the Chairman of the Commission,
    the head of such department or agency shall furnish such
    information to the Commission.
        (6) The Commission may accept, use, and dispose of gifts or
    donations of money or property.
        (7) The Commission may use the United States mails in the
    same manner and upon the same conditions as other departments
    and agencies of the United States.
        (8) The Administrator of General Services shall provide to
    the Commission on a reimbursable basis such administrative
    support services as the Commission may request.
        (h) Reports.--The Commission shall transmit an annual
    report to the President and to each House of Congress as soon
    as practicable after the end of each fiscal year. Each report
    shall include a detailed statement of the activities and
    accomplishments of the Commission during the preceding fiscal
    year and any recommendations by the Commission for legislation
    and administrative actions.

    SEC. 1304.\55\ FEDERAL COAL EXPORT COMMISSION.

        (a) Establishment.--The Secretary of Commerce shall
    establish, within ninety days after the date of enactment of
    this Act, a Federal Coal Export Commission (hereafter in this
    section referred to as the ``Commission'').
    ---------------------------------------------------------------------------
        \55\ 15 U.S.C. 4011 note.
    ---------------------------------------------------------------------------
        (b) Membership.--The Commission shall be composed of thirty
    members appointed by the Secretary of Commerce, as follows:
              (1) Federal government representatives.--Ten members
            shall be representatives of the International Trade
            Administration, the Department of Energy, the
            Department of State, the Department of Transportation,
            the Office of the United States Trade Representative,
            and a Federal institution involved in export financing.
              (2) Private sector representatives.--
                      (A) Five members shall be representatives of
                    export coal producers, including traders and
                    brokers.
                      (B) Five members shall be representatives of
                    coal labor.
                      (C) Five members shall be representatives of
                    transporters of export coal, including
                    representatives of rail and barge carriers and
                    port authorities.
                      (D) Five members shall be representatives of
                    institutions having a substantial interest in
                    United States export coal financing.
        (c) Expenses.--Members of the Commission shall serve
    without pay. While away from their homes or regular places of
    business in the performance of services for the Commission,
    members of the Commission shall be allowed travel expenses,
    including per diem in lieu of subsistence, in the same manner
    as persons employed intermittently in Government service are
    allowed expenses under section 5703 of title 5 of the United
    States Code.
        (d) Cooperation.--All Federal departments and agencies are
    authorized to cooperate with the Commission and to furnish
    information, appropriate personnel, and such assistance as may
    be agreed upon by the Commission and the Federal department or
    agency involved.
        (e) Activities.--The Commission shall convene not less than
    four times a year for consultation on activities leading to
    increased cooperation among entities involved in United States
    coal exports, with the goal of expanding the United States
    share of the international coal market. Activities of the
    Commission shall include, but are not limited to, the
    identification of--
              (1) diplomatic channels to facilitate the exportation
            of United States coal and methods to increase the
            coordination of diplomatic efforts relating to such
            exports;
              (2) domestic and international impediments to coal
            exports;
              (3) foreign markets for United States export coal,
            with emphasis on increasing United States coal sales to
            developing nations and expanding the participation of
            the United States International Development Cooperation
            Agency in such an effort;
              (4) availability of, and methods of, financing United
            States coal exports, including the feasibility of
            increasing Federal export financial and economic
            assistance; and
              (5) methods to promote, market, and coordinate United
            States coal on the international market.
    The Commission shall also examine the potential for small- and
    medium-sized coal companies to enter the export coal trade
    through export trading companies with respect to the marketing,
    transportation, and financial services which such trading
    companies may provide pursuant to the Export Trading Company
    Act of 1982.
        (f) Report.--The Commission shall submit to the President
    and the Congress, within two years after its first meeting, a
    report which details its findings pursuant to subsection (e)
    and, based upon such findings, makes recommendations which
    would lead to the expansion of the United States share of the
    international metallurgical and steam coal market.
        (g) Termination.--The Commission shall cease to exist upon
    submission of its report pursuant to subsection (f).
    u. International Security and Development Assistance Authorizations Act
                                    of 1983

      Partial text of Public Law 98-151 [H.J. Res. 413], 97 Stat. at 964,
                           approved November 14, 1983

      A JOINT RESOLUTION Making further continuing appropriations for the
                               fiscal year 1984.

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That the
    following sums are hereby appropriated, out of any money in the
    Treasury not otherwise appropriated, and out of applicable
    corporate or other revenues, receipts, and funds, for the
    several departments, agencies, corporations, and other
    organizational units of the Government for the fiscal year
    1984, and for other purposes, namely:
        Sec. 101. (a) * * *
        (b)(1) \1\ * * *
    ---------------------------------------------------------------------------
        \1\ Sec. 101(b)(1) was cited as the ``Foreign Assistance and
    Related Programs Appropriations Act, 1984.''
    ---------------------------------------------------------------------------
        (2) Section 101(b)(2) of this joint resolution may be cited
    as the ``International Security and Development Assistance
    Authorizations Act of 1983''.

                        AUTHORIZATIONS OF APPROPRIATIONS

        There is authorized to be appropriated to the President
    $1,315,000,000 for the fiscal year 1984 to carry out section 23
    of the Arms Export Control Act. The total principal amount of
    loans guaranteed under section 24(a) of the Arms Export Control
    Act shall not exceed $4,446,500,000 for the fiscal year 1984.
        There are authorized to be appropriated for the fiscal year
    1984 the following amounts to carry out the following
    provisions of the Foreign Assistance Act of 1961:
              (1) $725,213,000 to carry out section 103.
              (2) $244,600,000 to carry out section 104(b).
              (3) $133,400,000 to carry out section 104(c).
              (4) $121,477,000 to carry out section 105.
              (5) $160,000,000 to carry out section 106.
              (6) $103,000,000 to carry out section 121.
              (7) $30,000,000 to carry out section 214.
              (8) $266,214,000 to carry out chapter 3 of part I.
              (9) $47,000,000 to carry out section 481.
              (10) $25,000,000 to carry out section 491.
              (11) $3,074,000,000 to carry out chapter 4 of part
            II.
              (12) $639,700,000 to carry out section 503.
              (13) $56,452,000 to carry out chapter 5 of part II.
              (14) $46,200,000 to carry out chapter 6 of part II.
              (15) $22,000,000 to carry out section 661.
              (16) $370,000,000 to carry out section 667.
        There is authorized to be appropriated to the President to
    carry out the African Development Foundation Act $3,000,000 for
    the fiscal year 1984.
        There is authorized to be appropriated to carry out the
    Peace Corps Act $116,000,000 of the fiscal year 1984.
        Section 10 of Public Law 91-672 and section 15(a) of the
    State Department Basic Authorities Act of 1956 shall not apply
    with respect to funds appropriated for ``Migration and Refugee
    Assistance'' or for the Inter-American Foundation by the joint
    resolution of October 1, 1983 (Public Law 98-107), as amended
    by this joint resolution.

                      ASSISTANCE FOR ISRAEL AND EGYPT \2\

              * * * * * * *

               CONDITIONS ON MILITARY ASSISTANCE FOR EL SALVADOR

        Not more than 70 percent of the amount available for the
    fiscal year 1984 for military assistance for El Salvador under
    chapters 2 and 5 of part II of the Foreign Assistance Act of
    1961 and under the Arms Export Control Act may be expended
    until--
    ---------------------------------------------------------------------------
        \2\ This paragraph amended sec. 31 of the Arms Export Control Act
    and sec. 532 of the Foreign Assistance Act of 1961, to provide
    authorization levels for Israel and Egypt for fiscal year 1984.
    ---------------------------------------------------------------------------
              (1) Salvadoran authorities have substantially
            concluded all investigative actions in the case of the
            National Guardsmen charged with murder in the deaths of
            the four United States churchwomen in December 1980
            that were set forth in communications from the
            Department of State (including the letters dated July 8
            and September 23, 1983); and
              (2) Salvadoran authorities have brought the accused
            to trial and have obtained a verdict.
        Not more than 90 percent of the amount made available for
    the fiscal year 1984 for military assistance for El Salvador
    under chapters 2 and 5 of part II of the Foreign Assistance Act
    of 1961 and under the Arms Export Control Act may be expended
    until the President has determined and certified to the
    Congress that--
              (1) the Government of El Salvador has not taken any
            action which would alter, suspend, or terminate the
            land reform program for phase I or phase III
            promulgated under Decree 154 (dated March 5, 1980) or
            Decree 207 (dated April 28, 1980) in a manner
            detrimental to the rights of the beneficiaries or the
            potential beneficiaries under those decrees; and
              (2) the Government of El Salvador continues to make
            documented progress on implementing the land reform
            program.

                               MINORITY SET-ASIDE

        Except to the extent that the Administrator of the Agency
    for International Development determines otherwise, not less
    than 10 percent of the aggregate of the funds made available
    for the fiscal year 1984 to carry out chapter 1 of part I of
    the Foreign Assistance Act of 1961 shall be made available only
    for activities of economically and socially disadvantaged
    enterprises (within the meaning of section 133(c)(5) of the
    International Development and Food Assistance Act of 1977),
    historically Black colleges and universities, and private and
    voluntary organizations which are controlled by individuals who
    are Black Americans, Hispanic Americans, or Native Americans,
    or who are economically and socially disadvantaged (within the
    meaning of section 133(c)(5) (B) and (C) of the International
    Development and Food Assistance Act of 1977). For purposes of
    this section, economically and socially disadvantaged
    individuals shall be deemed to include women.

                            MINORITY RESOURCE CENTER

        None of the funds authorized to be appropriated for the
    fiscal year 1984 to carry out the Foreign Assistance Act of
    1961 may be used to eliminate the Minority Resource Center as a
    separate and distinct entity within the Agency for
    International Development, including implementation of a
    consolidation of the Minority Resource Center with the Office
    of Small and Disadvantaged Business Utilization under section
    133(c)(8) of the International Development and Food Assistance
    Act of 1977.

       PROMOTING THE DEVELOPMENT OF THE HAITIAN PEOPLE AND PROVIDING FOR
                         ORDERLY EMIGRATION FROM HAITI

        It is the sense of the Congress that for the fiscal year
    1984 up to $24,000,000 of the funds available to carry out
    chapter 1 of part I of the Foreign Assistance Act of 1961, and
    up to $10,000,000 of the funds available to carry out chapter 4
    of part II of such Act, should be made available for
    development assistance for Haiti, subject to the limitation
    contained in the third paragraph of this heading.
        To the maximum extent practicable, assistance for Haiti
    under chapter 1 of part I and under chapter 4 of part II of the
    Foreign Assistance Act of 1961 should be provided through
    private and voluntary organizations.
        Funds available for fiscal year 1984 to carry out chapter 1
    of part I or chapter 2, 4, or 5 of part II of the Foreign
    Assistance Act of 1961 may be obligated for Haiti, and credits
    may be extended and guarantees may be issued under the Arms
    Export Control Act for Haiti, only if the President determines
    that the Government of Haiti--
              (1) is continuing to cooperate with the United States
            in halting illegal emigration to the United States from
            Haiti;
              (2) is cooperating fully in implementing United
            States development, food, and other economic assistance
            programs in Haiti (including programs for prior fiscal
            years); and
              (3) is making a concerted and significant effort to
            improve the human rights situation in Haiti by
            implementing the political reforms which are essential
            to the development of democracy in Haiti, including the
            establishment of political parties, free elections, and
            freedom of the press.
        Six months after the date of enactment of this section, the
    President shall report to the Congress on the extent to which
    the actions of the Government of Haiti are consistent with each
    numbered provision contained in the third paragraph of this
    heading.
        Notwithstanding the limitations of section 660 of the
    Foreign Assistance Act of 1961, funds made available under such
    Act for the fiscal year 1984 may be used for programs with
    Haiti, which shall be consistent with prevailing United States
    refugee policies, to assist in halting significant illegal
    emigration from Haiti to the United States.

                         PRIVATE SECTOR REVOLVING FUND

        The amendment contained in section 407 of H.R. 2992, as
    reported by the Committee on Foreign Affairs of the House of
    Representatives on May 17, 1983, is hereby enacted.\3\
    ---------------------------------------------------------------------------
        \3\ This amendment added a new sec. 108 to the Foreign Assistance
    Act of 1961.
    ---------------------------------------------------------------------------

                        ANTITERRORISM ASSISTANCE PROGRAM

        The amendments contained in title II of H.R. 2992, as
    reported by the Committee on Foreign Affairs of the House of
    Representatives on May 17, 1983, are hereby enacted,\4\ except
    that, for purposes of such enactment, section 575 of the
    Foreign Assistance Act of 1961 shall read as follows:
    ---------------------------------------------------------------------------
        \4\ These amendments added a new chapter 8 to part II of the
    Foreign Assistance Act of 1961.
    ---------------------------------------------------------------------------
        ``Sec. 575. Appropriations.--There is authorized to be
    appropriated to the President to carry out this chapter
    $5,000,000 for the fiscal year 1984. Amounts appropriated under
    this section are authorized to remain available until
    expended.''.
              * * * * * * *
       v. International Security and Development Cooperation Act of 1981

     Partial text of Public Law 97-113 [S. 1196], 95 Stat. 1519, approved
    December 29, 1981; as amended by Public Law 97-233 [H.J. Res. 494], 96
     Stat. 260, approved August 10, 1982; Public Law 98-53 [Conditions on
     Aid to El Salvador, H.R. 1271], 97 Stat. 287, approved July 15, 1983;
     Public Law 99-83 [International Security and Development Cooperation
      Act of 1985, S. 960], 99 Stat. 190 at 247, approved August 8, 1985;
     Public Law 101-162 [Departments of Commerce, Justice, and State, the
     Judiciary, and Related Agencies Appropriations Act, 1990; H.R. 2991],
    103 Stat. 1030, approved November 21, 1989; Public Law 101-513 [Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
      1991; H.R. 5114], 104 Stat. 1979, approved November 5, 1990; and by
        Public Law 103-199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317,
                           approved December 17, 1993

              Note.--Except for the provisions noted below, the
            International Security and Development Cooperation Act
            of 1981 consists of amendments to the Foreign
            Assistance Act of 1961, the Arms Export Control Act,
            the Peace Corps Act, Public Law 480, and to several
            former foreign aid annual authorization acts. These
            amendments are incorporated into the texts of these
            Acts at the appropriate locations.

     AN ACT To authorize appropriations for the fiscal years 1982 and 1983
    for international security and development assistance and for the Peace
     Corps, to establish the Peace Corps as an autonomous agency, and for
                                other purposes.

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

                                  SHORT TITLE

        Section 1. This Act may be cited as the ``International
    Security and Development Cooperation Act of 1981''.

                  TITLE I--MILITARY SALES AND RELATED PROGRAMS

              * * * * * * *

                        SPECIAL DEFENSE ACQUISITION FUND

        Sec. 108. (a) \1\ * * *
    ---------------------------------------------------------------------------
        \1\ Sec. 108(a) amended the Arms Export Control Act by adding a new
    ch. 5 concerning the Special Defense Acquisition Fund.
    ---------------------------------------------------------------------------
        (b) Section 138 of title 10, United States Code, is amended
    by adding immediately following subsection (f) the following
    new subsection:
        ``(g) The size of the Special Defense Acquisition Fund
    established pursuant to chapter 5 of the Arms Export Control
    Act may not exceed $300,000,000 in fiscal year 1982, may not
    exceed $600,000,000 in fiscal year 1983, and may not exceed
    $900,000,000 in fiscal year 1984 or any fiscal year
    thereafter.''.\2\
    ---------------------------------------------------------------------------
        \2\ Sec. 1103 of the Department of Defense Authorization Act, 1983
    (Public Law 97-252; 96 Stat. 738), amended subsec. (g) by inserting the
    ceiling figure for fiscal year 1984.
    ---------------------------------------------------------------------------
              * * * * * * *

                        TITLE II--ECONOMIC SUPPORT FUND

              * * * * * * *

      ACQUISITION OF AGRICULTURAL COMMODITIES AND RELATED PRODUCTS UNDER
                           COMMODITY IMPORT PROGRAMS

        Sec. 203.\3\ The Congress directs the President to allocate
    at least 15 percent of the funds which are made available each
    fiscal year under this title for commodity import programs for
    use in financing the purchase of agricultural commodities and
    agricultural related products which are of United States-
    origin.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2346 note.
    ---------------------------------------------------------------------------

                       TITLE III--DEVELOPMENT ASSISTANCE

                 AGRICULTURE, RURAL DEVELOPMENT, AND NUTRITION

        Sec. 301. (a) * * *
        (b)(1) It is the sense of the Congress that the United
    States should strongly support the efforts of developing
    countries to improve infant feeding practices, in particular
    through the promotion of breast feeding. As a demonstration of
    that support, the President is authorized to use up to
    $5,000,000 of the funds made available for the fiscal year 1982
    to carry out the purposes of sections 103 and 104(c) of the
    Foreign Assistance Act of 1961 in order to assist developing
    countries establish or improve programs to encourage improved
    infant feeding practices. In carrying out this paragraph, the
    Agency for International Development should provide funds for
    necessary research to obtain better information on the precise
    nature and magnitude of problems relating to infant feeding
    practices, including the use of infant formula, in developing
    countries.
        (2) The President shall, as part of the congressional
    presentation documentation for the fiscal years 1983 and 1984,
    include information relevant to the implementation of this
    subsection, including--
              (A) a description of actions taken by the Agency for
            International Development to promote breast feeding and
            to improve supplemental infant feeding practices in
            developing countries through funds made available in
            this subsection and through its regular programs in the
            fields of health, nutrition, and population activities;
              (B) a summary of the results of studies authorized by
            this subsection on the nature and magnitude of problems
            in developing countries related to infant feeding
            practices; and
              (C) a summary of reports by member countries of the
            World Health Organization on their actions to implement
            the International Code of Marketing of Breast Milk
            Substitutes.
              * * * * * * *

                       TITLE IV--FOOD FOR PEACE PROGRAMS

              * * * * * * *

    SELF-HELP MEASURES TO INCREASE AGRICULTURAL PRODUCTION; VERIFICATION OF
                              SELF-HELP PROVISIONS

        Sec. 403. (a) * * *
        (b) * * *
        (c) \4\ The amendments made by this section shall not be
    effective if the Agriculture and Food Act of 1981 is enacted
    (either before or after the enactment of this Act) and contains
    the same amendments.
    ---------------------------------------------------------------------------
        \4\ Subsecs. (a) and (b) of sec. 403 contained amendments to Public
    Law 83-480. The Agriculture and Food Act of 1981, referred to in
    subsec. (c) was enacted on December 22, 1981 (Public Law 97-98; 95
    Stat. 1213), and contained the same amendments as sec. 403. The
    amendments made by subsecs. (a) and (b), therefore, did not come into
    force.
    ---------------------------------------------------------------------------
              * * * * * * *

                       TITLE V--OTHER ASSISTANCE PROGRAMS

              * * * * * * *

                        INTERNATIONAL NARCOTICS CONTROL

        Sec. 502. (a)(1) \5\ * * *
    ---------------------------------------------------------------------------
        \5\ Par. (1) amended sec. 481(d) of the FA Act of 1961.
    ---------------------------------------------------------------------------
        (2) \6\ Assistance provided from funds appropriated, before
    the enactment of this Act, to carry out section 481 of the
    Foreign Assistance Act of 1961 may be made available for
    purposes prohibited by subsection (d) of such section as in
    effect immediately before the enactment of this subsection.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 2291 note.
    ---------------------------------------------------------------------------
        (3) \6\ Funds appropriated for the fiscal year 1980 to
    carry out section 481 of the Foreign Assistance Act of 1961
    which were obligated for assistance for the Republic of
    Colombia may be used for purposes other than those set forth in
    section 482(a)(2) of that Act as in effect immediately before
    the enactment of the International Security and Development
    Cooperation Act of 1980.
        (4) \6\ Paragraphs (2) and (3) of this subsection shall
    apply only to the extent provided in advance in an
    appropriations Act. For such purpose, the funds described in
    those paragraphs are authorized to be made available for the
    purposes specified in those paragraphs.
              * * * * * * *

                             TITLE VI--PEACE CORPS

                     ESTABLISHMENT AS AN INDEPENDENT AGENCY

        Sec. 601. (a) \7\ * * *
    ---------------------------------------------------------------------------
        \7\ Sec. 601(a) amended the Peace Corps Act by adding a new sec. 2A
    providing for the Peace Corps as an independent agency. For text, see
    Legislation on Foreign Relations Through 2000, vol. I-B.
    ---------------------------------------------------------------------------
        (b) \8\ * * *
    ---------------------------------------------------------------------------
        \8\ For text of freestanding provisions of sec. 601, see
    Legislation on Foreign Relations Through 2000, vol. I-B.
    ---------------------------------------------------------------------------
              * * * * * * *

     RESTORATION OF CERTAIN AUTHORITIES FORMERLY CONTAINED IN THE FOREIGN
                                  SERVICE ACT

        Sec. 604. (a) \9\ * * *
    ---------------------------------------------------------------------------
        \9\ Sec. 604(a) amended sec. 10 of the Peace Corps Act by adding
    new subsecs. (i) and (j). For text, see Legislation on Foreign
    Relations Through 2000, vol. I-B.
    ---------------------------------------------------------------------------
        (b) \10\ * * *
    ---------------------------------------------------------------------------
        \10\ Sec. 604(b) amended sec. 5(h) of the Peace Corps Act. For
    text, see Legislation on Foreign Relations Through 2000, vol. I-B.
    ---------------------------------------------------------------------------
        (c) \11\ * * *
    ---------------------------------------------------------------------------
        \11\ For text of sec. 604(c), see Legislation on Foreign Relations
    Through 2000, vol. I-B.
    ---------------------------------------------------------------------------
              * * * * * * *

                      TITLE VII--MISCELLANEOUS PROVISIONS

              * * * * * * *

                               INSPECTOR GENERAL

        Sec. 705.\12\ * * *
    ---------------------------------------------------------------------------
        \12\ Sec. 705 amended sec. 2 and 11 of and added a new sec. 8A to
    the Inspector General Act of 1978 (Public Law 95-452; 99 Stat. 1101).
    Sec. 705 also amended the FA Act of 1961 to conform with the new sec.
    8A.
    ---------------------------------------------------------------------------
              * * * * * * *

              EMERGENCY HUMANITARIAN HELP FOR THE PEOPLE OF POLAND

        Sec. 708. (a) The people of Poland, with whom the people of
    the United States have a longstanding friendship, now face
    serious domestic food shortages which will be worsened by
    large-scale loss of their livestock this winter if feed
    supplies do not arrive quickly. Therefore, the President is
    urged, for urgent humanitarian reasons, to use existing
    authorities promptly in order to provide to the people of
    Poland, under as favorable terms as possible, feed grains from
    Commodity Credit Corporation stocks or other appropriate
    commodities.
        (b) For the longer term, the President is encouraged to
    pursue discussions with other Western countries about a
    multilateral effort to help the people of Poland achieve self-
    sustaining economic recovery in the years ahead.
        (c) \13\ * * *
    ---------------------------------------------------------------------------
        \13\ Subsec. (c) amended the Foreign Assistance Act of 1961 by
    adding a new sec. 540 providing $5,000,000 for Poland during fiscal
    year 1982.
    ---------------------------------------------------------------------------

                        USE OF CERTAIN POLISH CURRENCIES

        Sec. 709. (a) Notwithstanding section 1415 of the
    Supplemental Appropriation Act, 1953, section 508 of the
    General Government Matters, Department of Commerce, and Related
    Agencies Appropriation Act, 1962, or any other provision of
    law, the currencies or credits received by the United States
    from the April 1981 sale and from the October 1981 sale of
    United States Government-held surplus dairy products to Poland
    shall, to such extent as may be provided in advance in an
    appropriation Act, be used by the President in Poland to serve
    United States interests, including use for activities of common
    benefit to the people of the United States and the people of
    Poland, such as joint programs in energy, agriculture,
    education, science, health, and culture, or for humanitarian
    activities.
        (b) Notwithstanding any other provision of law, the
    availability or expenditure of such foreign currencies or
    credits shall not affect or reduce appropriations otherwise
    available for the purposes described in subsection (a).

                       FINDINGS REGARDING GLOBAL SECURITY

        Sec. 710. (a) The Congress finds that the security of the
    United States and other countries is increasingly affected by a
    broad range of global problems including shortages or potential
    shortages of food, oil, water, wood, and other basic mineral
    and natural resources; desperate poverty; sickness; population
    pressures; environmental deterioration, including soil erosion
    and water pollution; and large-scale and destabilizing refugee
    problems.
        (b) The Congress finds that hunger, disease, and extreme
    poverty are among the most critical of these global problems.
    As ever greater numbers of people perceive the disparity
    between their own continuing deprivation and the prosperity of
    others, and judge their predicament to be neither just nor
    inevitable, it becomes increasingly likely that there will be
    unrest and violence with consequent disruption of the flow of
    essential materials, adverse effects on the world economy,
    decreased likelihood of cooperative efforts toward meeting the
    other critical problems threatening national and global
    security, and increased likelihood of confrontation between
    nations which possess nuclear arms.
        (c) Therefore, the Congress finds that the Nation's
    understanding of global and national security must be broad
    enough to include the problems cited in this section, and that
    adequate protection of the security of the United States
    requires effective action on these global problems, and in
    particular on the problems of hunger, disease, and extreme
    poverty.

                          WORLD FOOD SECURITY RESERVES

        Sec. 711. (a) The Congress finds that--
              (1) the Congress recently passed and the President
            signed into law an Act which provides for establishment
            of a United States food security reserve of up to four
            million metric tons of wheat to be used for emergency
            food assistance;
              (2) the food import needs of developing countries
            will increase over the next ten years; and
              (3) other grain exporting countries could take
            additional steps to assure continuity of food
            assistance during food crisis years.
        (b) The President shall encourage other grain exporting
    countries to establish their own food security reserves or take
    other measures that complement the United States food security
    reserve.
        (c) The President shall report to the Speaker of the House
    of Representatives and the Committee on Foreign Relations of
    the Senate within one year after the enactment of this Act on
    the actions he has taken and the response of other countries to
    these proposals.

           FINDINGS AND DECLARATION OF POLICY REGARDING WORLD HUNGER

        Sec. 712. The Congress, affirming the value of human life,
    finds and declares that the elimination of hunger and its
    causes is of fundamental moral significance and, further, that
    it is in the political, economic, and security interests of the
    United States. Therefore, the Congress declares that the
    elimination of hunger and its causes shall be a primary
    objective of United States relations with the developing
    countries.

              REAFFIRMATION OF SUPPORT FOR HUMAN RIGHTS PROVISIONS

        Sec. 713. (a) The Congress reaffirms its support for the
    various statutory provisions which have been enacted in order
    to promote internationally recognized human rights.
        (b) It is the sense of the Congress that a strong
    commitment to the defense of human rights should continue to be
    a central feature of United States foreign policy.

                           IMMIGRANT VISAS FOR TAIWAN

        Sec. 714.\14\ The approval referred to in the first
    sentence of section 202(b) of the Immigration and Nationality
    Act shall be considered to have been granted with respect to
    Taiwan (China).
    ---------------------------------------------------------------------------
        \14\ 8 U.S.C. 1152 note.
    ---------------------------------------------------------------------------

                                    LEBANON

        Sec. 715. It is the sense of the Congress that the
    Government of the United States should continue to support
    diplomatic efforts to resolve the current crisis in Lebanon,
    and to pursue a comprehensive and coordinated policy in Lebanon
    guided by the following principles:
              (1) maintenance of an effective cease-fire throughout
            Lebanon;
              (2) resolution of the issue of the Syrian missiles
            deployed in Lebanon;
              (3) freedom, security, and opportunity for the
            Christian and all other Lebanese communities, including
            the Moslem, Druze, Armenian, and Jewish communities in
            Lebanon;
              (4) reaffirmation of the historic United States-
            Lebanon relationship and strengthening the longstanding
            commitment of the United States to the independence,
            sovereignty, and territorial integrity of Lebanon,
            without partition, free from terrorism and violence,
            and free to determine its future without Soviet or
            other outside interference;
              (5) generous international support for relief,
            rehabilitation, and humanitarian assistance for
            Lebanon, particularly for those Lebanese citizens who
            have suffered from the terrorism and violence of recent
            events;
              (6) restoration of Lebanon's sovereignty free from
            outside domination or occupation; and
              (7) support for a free and open national election.

                       USE OF CHEMICAL AND TOXIN WEAPONS

        Sec. 716. (a) The Congress condemns the use of, and the
    provision for use of, chemical agents and toxin weapons against
    the peoples of Laos, Kampuchea, or Afghanistan.
        (b) It is the sense of the Congress that the President
    should, acting through the Permanent Representative of the
    United States to the United Nations and all other appropriate
    diplomatic agents, seek definite measures to bring to an end
    actions by any party or government in using, and providing for
    use, chemical agents or toxin weapons against the peoples of
    Laos, Kampuchea, and Afghanistan, in violation of the spirit
    and the provisions of--
              (1) the Convention on the Prohibition of the
            Development, Production and Stockpiling of
            Bacteriological (Biological) and Toxin Weapons and on
            Their Destruction (done at Washington, London, and
            Moscow on April 10, 1972); \15\
    ---------------------------------------------------------------------------
        \15\ For text, see Legislation on Foreign Relations Through 1988,
    vol. V, sec. F.
    ---------------------------------------------------------------------------
              (2) the Protocol for the Prohibition of the Use in
            War of Asphyxiating, Poisonous or Other Gases, and of
            Bacteriological Methods of Warfare (signed at Geneva on
            June 17, 1925); \15\ and
              (3) customary international law.
        (c) It is further the sense of Congress that the President
    should--
              (1) allocate the highest possible priority to the
            development of further evidence clarifying the nature
            and origins of the chemical agents and toxin weapons
            being used against the peoples of Laos, Kampuchea, and
            Afghanistan; and
              (2) vigorously seek a satisfactory explanation from
            the Government of the Soviet Union regarding the strong
            circumstantial and presumptive evidence of its role in
            the use, or provision for use, of such weapons.
        (d) The Congress reiterates the concern expressed in House
    Resolution 644 (96th Congress), adopted by the House of
    Representatives on May 19, 1980, regarding the outbreak of
    pulmonary anthrax near Sverdlosk on April 3, 1979, and
    expresses its disappointment that the Soviet Union has failed
    adequately to respond to requests for data explaining this
    incident as provided in the Convention on the Prohibition of
    the Development, Production and Stockpiling of Bacteriological
    (Biological) and Toxin Weapons and on Their Destruction.
        (e) It is further the sense of Congress that the
    negotiation of a treaty prohibiting the development,
    production, and stockpiling of chemical weapons, with reliable
    verification provisions, should be given a high priority by the
    United States Government and by all foreign governments.

                FINANCIAL OBLIGATIONS \16\ TO THE UNITED NATIONS

        Sec. 717. (a) The Congress finds and declares that--
    ---------------------------------------------------------------------------
        \16\ Sec. 701(1) of the FRIENDSHIP Act (Public Law 103-199; 103
    Stat. 2317) struck out ``of the soviet union'' from the section
    heading.
    ---------------------------------------------------------------------------
              (1) the financing of the United Nations is the
            collective responsibility of all member nations;
              (2) the International Court of Justice has determined
            that the expenses of the United Nations incurred in its
            peacekeeping operations are properly included as a part
            of the regular expenses of the United Nations; and \17\
    ---------------------------------------------------------------------------
        \17\ Sec. 701(2) of the FRIENDSHIP Act (Public Law 103-199; 103
    Stat. 2317) inserted ``and'' at the end of paragraph (2), replaced ``;
    and'' at the end of para. (3) with a period, and struck out para. (4),
    which had read as follows:
        ``(4) the Government of the Union of Soviet Socialist Republics is
    currently $180,000,000 in arrears on its payments to the United
    Nations, primarily as a result of its refusal to pay for the
    peacekeeping operations of the United Nations.''.
    ---------------------------------------------------------------------------
              (3) peacekeeping operations are vital to the mission
            of the United Nations and must be adequately financed
            if such operations are to continue.\17\
        (b) It is the sense of the Congress that the President,
    acting through the Permanent Representative of the United
    States to the United Nations, should undertake appropriate
    diplomatic initiatives to ensure that members of the United
    Nations make payments of all their outstanding financial
    obligations to the United Nations, including their \18\
    assessments with respect to the peacekeeping operations of the
    United Nations.
    ---------------------------------------------------------------------------
        \18\ Sec. 701(3) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2317) struck out ``a diplomatic initiative to obtain payment by
    the Government of the Union of Soviet Socialist Republics of all its
    outstanding financial obligations to the United Nations, including
    its'' and inserted in lieu thereof ``appropriate diplomatic initiatives
    to ensure that members of the United Nations make payments of all their
    outstanding financial obligations to the United Nations, including
    their''.
    ---------------------------------------------------------------------------

       CONDEMNATION OF LIBYA FOR ITS SUPPORT OF INTERNATIONAL TERRORIST
                                   MOVEMENTS

        Sec. 718. (a) The Congress condemns the Libyan Government
    for its support of international terrorist movements, its
    efforts to obstruct positive movement toward the peaceful
    resolution of problems in the Middle East region, and its
    actions to destabilize and control governments of neighboring
    states in Africa.
        (b) The Congress believes that the President should conduct
    an immediate review of concrete steps the United States could
    take, individually and in concert with its allies, to bring
    economic and political pressure on Libya to cease such
    activities, and should submit a report on that review to the
    Congress within one hundred and eighty days after the date of
    enactment of this Act. Such a review should include the
    possibility of tariffs on or prohibitions against the import of
    crude oil from Libya.

    UNITED STATES CITIZENS ACTING IN THE SERVICE OF INTERNATIONAL TERRORISM

        Sec. 719. (a) It is the sense of the Congress that the
    spread of international terrorism poses a grave and growing
    danger for world peace and for the national security of the
    United States. As a part of its vigorous opposition to the
    activities of international terrorist leaders and the increase
    of international terrorism, the United States should take all
    steps necessary to ensure that no United States citizen is
    acting in the service of terrorism or of the proponents of
    terrorism.
        (b) Not later than six months after the enactment of this
    Act, the President shall submit to the Speaker of the House of
    Representatives and the chairman of the Committee on Foreign
    Relations of the Senate a report which includes--
              (1) a description of all legislation, currently in
            force, and of all administrative remedies, presently
            available, which can be employed to prevent the
            involvement, service, or participation by United States
            citizens in activities in support of international
            terrorism or terrorist leaders;
              (2) an assessment of the adequacy of such legislation
            and remedies, and of the enforcement resources
            available to carry out such measures, to prevent the
            involvement, service, or participation by United States
            citizens in activities in support of international
            terrorism or terrorist leaders; and
              (3) a description of available legislative and
            administrative alternatives, together with an
            assessment of their potential impact and effectiveness,
            which could be enacted or employed to put an end to the
            participation of United States citizens in activities
            in support of international terrorism or terrorist
            leaders.

                              NONALIGNED COUNTRIES

        Sec. 720. (a) In considering whether to provide assistance,
    make sales, extend credits, or guarantee loans under the
    provisions of the Foreign Assistance Act of 1961, as amended,
    or the Arms Export Control Act, to any country represented at
    the Meeting of Ministers of Foreign Affairs and Heads of
    Delegations of the Non-Aligned Countries to the 36th General
    Session of the General Assembly of the United Nations on
    September 25 and 28, 1981, the President shall take into
    account whether such country has dissociated itself from the
    communique issued following the meeting.
        (b) Within thirty days after the date of enactment of this
    section, the President shall submit a report to the Speaker of
    the House of Representatives and the Committee on Foreign
    Relations of the Senate on the countries which have dissociated
    themselves from the nonaligned countries communique and on
    their methods of dissociation.

       PROMOTING THE DEVELOPMENT OF THE HAITIAN PEOPLE AND PROVIDING FOR
                         ORDERLY EMIGRATION FROM HAITI

        Sec. 721.\19\ (a)(1) It is the sense of the Congress that
    up to $15,000,000 of the funds available for the fiscal year
    1982 to carry out chapter 1 of part I of the Foreign Assistance
    Act of 1961 should be made available for development assistance
    for Haiti, subject to the limitation in subsection (b) of this
    section.
    ---------------------------------------------------------------------------
        \19\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------
        (2) To the maximum extent practicable, assistance for Haiti
    for the fiscal year 1982 under chapter 1 of part I of the
    Foreign Assistance Act of 1961 should be provided through
    private and voluntary organizations.
        (b) Funds available for the fiscal year 1982 to carry out
    chapter 1 of part I or chapter 2 or chapter 5 of part II of the
    Foreign Assistance Act of 1961 may be expended for Haiti, and
    credits and guarantees extended for the fiscal year 1982 under
    the Arms Export Control Act may be approved for use for Haiti,
    only if the President determines that the Government of Haiti--
              (1) is cooperating with the United States in halting
            illegal emigration from Haiti:
              (2) is not aiding, abetting, or otherwise supporting
            illegal emigration from Haiti;
              (3) has provided assurances that it will cooperate
            fully in implementing United States development
            assistance programs in Haiti (including programs for
            prior fiscal years); and
              (4) is not engaged in a consistent pattern of gross
            violations of internationally recognized human rights.
        (c) Six months after the date of enactment of this Act, the
    President shall prepare and transmit to the Congress a report
    on the extent to which the actions of the Government of Haiti
    are consistent with paragraphs (1), (2), (3), and (4) of
    subsection (b) of this section.
        (d) Notwithstanding the limitations of section 660 of the
    Foreign Assistance Act of 1961, funds made available under such
    Act for the fiscal year 1982 and for the fiscal year 1983 may
    be used for programs with Haiti to assist in halting
    significant illegal emigration from Haiti to the United States.

                  COMPREHENSIVE ANALYSIS OF FOREIGN ASSISTANCE

        Sec. 722. (a) It is the sense of Congress that at a time
    when major retrenchments and reappraisals are being made in
    domestic programs, it is also logical that, while maintaining
    past international commitments, the magnitude and direction of
    future foreign assistance programs should also be reviewed. As
    part of such a review process, the President is requested to
    provide a comprehensive report to the Congress on his approach
    to foreign assistance. Such report shall include an analysis
    and recommendations on the following issues:
              (1) the relationship between foreign assistance and
            defense expenditures as means of conducting foreign
            policy;
              (2) the appropriate mix between military and economic
            assistance;
              (3) the strengths and weaknesses, and appropriate
            mix, of bilateral and multilateral assistance programs;
              (4) the relevance of the basic human needs approach
            to current aid policy;
              (5) the performance of other aid donors, and the
            benefits they derive from their programs;
              (6) criteria for determining the appropriate size and
            composition of country programs;
              (7) the appropriateness of the current mix of grants
            and loans, and the possibility of combining them with
            new or existing guarantee, insurance, and export credit
            programs;
              (8) specific means to more actively engage the
            private sector in assistance programs; and
              (9) the usefulness of current functional categories
            in constructing the development assistance budget.
        (b) The Congress requests that the President provide to the
    Congress a preliminary report by March 31, 1982, and a final
    report by June 30, 1982, with respect to the issues referred to
    in subsection (a).

               EXTERNAL DEBT BURDENS OF EGYPT, ISRAEL, AND TURKEY

        Sec. 723. The Congress finds that the Governments of Egypt,
    Israel, and Turkey each have an enormous external debt burden
    which may be made more difficult by virtue of financing
    provided for those governments under various United States
    assistance programs. In order to assist the Congress in
    examining United States assistance for these countries, the
    President shall report to the Speaker of the House of
    Representatives and to the chairman of the Committee on Foreign
    Relations of the Senate, not later than one hundred and twenty
    days after the date of enactment of this Act and not later than
    one year after the date of enactment of this Act, regarding
    economic conditions prevailing in Egypt, Israel, and Turkey
    which may affect their respective ability to meet their
    international debt obligations and to stabilize their
    economies. These reports shall also analyze the impact on
    Egypt's economy of Arab sanctions against Egypt.

                                   NICARAGUA

        Sec. 724. (a) In furnishing assistance under this Act to
    the Government of Nicaragua, the President shall take into
    account the extent to which that Government has engaged in
    violations of internationally recognized human rights
    (including the right to organize and operate labor unions free
    from political oppression, the right to freedom of the press,
    and the right to freedom of religion) and shall encourage the
    Government of Nicaragua to respect those rights.
        (b) In furnishing assistance under this Act to the
    Government of Nicaragua, the President shall take into account
    the extent to which that Government has fulfilled its pledge of
    July 1979 to the member states of the Organization of American
    States--
              (1) to establish full respect for human rights in
            Nicaragua in accordance with the United Nations
            Universal Declaration of the Rights and Duties of Man
            and the Charter on Human Rights of the Organization of
            American States;
              (2) to allow the free movement in Nicaragua of the
            Inter-American Commission on Human Rights; and
              (3) to establish the framework for free and
            democratic elections so that the people of Nicaragua
            may elect their representatives to city councils, to
            constitutional assembly, and to Nicaragua's highest-
            ranking authorities, with such framework to include,
            but not be limited to, the full and complete
            opportunity for political activity of the Nicaraguan
            people.
        (c) Assistance to the Government of Nicaragua under this
    Act shall be terminated if the President determines and reports
    to the Congress that the Government of Nicaragua cooperates
    with or harbors any international terrorist organization or is
    aiding, abetting, or supporting acts of violence or terrorism
    in other countries, or that Soviet, Cuban, or other foreign
    combat military forces are stationed or situated within the
    borders of Nicaragua and the presence of such forces
    constitutes a threat to the national security of the United
    States or to any Latin American ally of the United States.
        (d) Any agreement between the United States and the
    Government of Nicaragua regarding the use of funds appropriated
    to carry out this Act, which are to be made available in the
    form of loans, shall specifically require that to the maximum
    extent possible such loan funds, and any local currency
    generated in conjunction therewith, shall be used for
    assistance to the private sector. Local currency loan programs
    in Nicaragua shall be monitored and audited in accordance with
    section 624(g) of the Foreign Assistance Act of 1961.
        (e) For each six-month period in which any funds are
    expended under this Act for Nicaragua, the President shall
    submit to the Speaker of the House of Representatives, and the
    chairman of the Committee on Foreign Relations of the Senate, a
    report accounting fully and in itemized detail for the amounts
    obligated and actually expended in Nicaragua.
        Sec. 725.\20\ Assistance and Sales for Argentina. * * *
    [Repealed--1989]
    ---------------------------------------------------------------------------
        \20\ Title V of Departments of Commerce, Justice, and State, the
    Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law
    101-162; 103 Stat. 1030) repealed sec. 725 (22 U.S.C. 2370 note). Sec.
    725 had (a) repealed sec. 620B of the Foreign Assistance Act of 1961,
    and (b) required the President to provide to Congress a detailed report
    certifying that (1) the Government of Argentina made significant
    progress in complying with internationally recognized principles of
    human rights; and (2) the provision of such assistance, credits, loan
    guarantees, defense articles, defense services, or export licenses was
    in the national interests of the United States, as a condition for
    those forms of assistance listed in par. (2).
    ---------------------------------------------------------------------------

    REPEAL OF LIMITATIONS ON ASSISTANCE, SALES, AND SALES CREDITS FOR CHILE

        Sec. 726. (a) Section 406 of the International Security
    Assistance and Arms Export Control Act of 1976 (22 U.S.C. 2370
    note) is repealed.
        (b) \21\ Notwithstanding any other provision of law--
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 2370 note. Sec. 544(a) of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1991 (Public
    Law 101-513; 104 Stat. 2019), continued for fiscal year 1992 by Public
    Law 102-145, provided the following:
    ---------------------------------------------------------------------------

                                    ``CHILE
    ---------------------------------------------------------------------------
        ``Sec. 544. (a) Funds appropriated by this Act under the heading
    `Economic Support Fund' may be used under the authority of section
    534(b) (4) and (6) of the Foreign Assistance Act of 1961 to support the
    efforts of private groups and individuals seeking to develop a national
    consensus on the importance of an independent judiciary and the
    administration of justice generally in a democratic society. Assistance
    may be provided under this section without regard to the requirements
    of section 726(b) of the International Security and Development
    Cooperation Act of 1981.''.
        In Public Notice 1333 of September 30, 1990, the Secretary of State
    certified that ``(A) the Government of Chile has made significant
    progress in complying with internationally recognized principles of
    human rights; (B) the provision of the assistance, articles and
    services described in provisions (1)-(4) of sections 726(b) of the Act
    to Chile is in the national interest of the United States; and (C) the
    Government of Chile is not aiding or abetting international terrorism
    and has taken appropriate steps to cooperate to bring to justice by all
    legal means available in the United States or Chile those indicted by a
    United States grand jury in connection with the murders of Orlando
    Letelier and Ronni Moffitt.'' (56 F.R. 4886; February 6, 1991).
        See also 22 CFR Part 126, International Traffic in Arms
    Regulations, and amendments to same, effective October 29, 1991 (56
    F.R. 55630; October 29, 1991).
    ---------------------------------------------------------------------------
              (1) no assistance may be furnished under chapter 2,
            4, 5, or 6 of part II of the Foreign Assistance Act of
            1961 to Chile;
              (2) no sale of defense articles or services may be
            made under the Arms Export Control Act to Chile:
              (3) no credits (including participation in credits)
            may be extended and no loan may be guaranteed under the
            Arms Export Control Act with respect to Chile; and
              (4) no export licenses may be issued under section 38
            of the Arms Export Control Act to or for the Government
            of Chile;
    unless and until the President submits to the Speaker of the
    House of Representatives and the chairman of the Committee on
    Foreign Relations of the Senate a detailed report certifying--
              (A) that the Government of Chile has made significant
            progress in complying with internationally recognized
            principles of human rights;
              (B) that the provision of such assistance, articles
            or services is in the national interest of the United
            States; and
              (C) that the Government of Chile is not aiding or
            abetting international terrorism and has taken
            appropriate steps to cooperate to bring to justice by
            all legal means available in the United States or Chile
            those indicted by a United States grand jury in
            connection with the murders of Orlando Letelier and
            Ronni Moffitt.
        (c) \22\ The prohibition contained in subsection (b) does
    not prohibit the sale, or the licensing for export, of
    cartridge actuated devices, propellant actuated devices,
    components, parts, tools, technical manuals, time compliance to
    technical orders (TCTOs), or TCTO retrofits for aircraft of the
    F-5E/F, A/T-37, or C-130E/H type owned by the Chilean Air
    Force,\23\ so long as the items are provided only for purposes
    of enhancing the safety of the aircraft crew.
    ---------------------------------------------------------------------------
        \22\ Subsec. (c) was added by sec. 715 of the International
    Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
    Stat. 247).
        \23\ Sec. 544(b) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2019), struck out ``and technical manuals for aircraft of the F-
    5E/F or A/T-37 type which were sold to the Chilean Air Force by the
    United States before January 1, 1976'', and inserted in lieu thereof
    text beginning at ``components, parts, tools, * * *''.
    ---------------------------------------------------------------------------

                           ASSISTANCE FOR EL SALVADOR

        Sec. 727. (a) It is the sense of the Congress that
    assistance furnished to the Government of El Salvador, both
    economic and military, should be used to encourage--
              (1) full observance of internationally recognized
            human rights in accordance with sections 116 and 502B
            of the Foreign Assistance Act of 1961;
              (2) full respect for all other fundamental human
            rights, including the right of freedom of speech and of
            the press, the right to organize and operate free labor
            unions, and the right to freedom of religion;
              (3) continued progress in implementing essential
            economic and political reforms, including land reform
            and support for the private sector;
              (4) a complete and timely investigation of the deaths
            of all United States citizens killed in El Salvador
            since October 1979;
              (5) an end to extremist violence and the
            establishment of a unified command and control of all
            government security forces in this effort;
              (6) free, fair, and open elections at the earliest
            date; and
              (7) increased professional capability of the
            Salvadoran Armed Forces in order to establish a
            peaceful and secure environment in which economic
            development and reform and the democratic processes can
            be fully implemented, thereby permitting a phased
            withdrawal of United States military training and
            advisory personnel at the earliest possible date.
        (b) It is the sense of the Congress that the United States
    economic assistance to El Salvador should put emphasis on
    revitalizing the private sector and supporting the free market
    system. The Congress recognizes that the lack of foreign
    exchange to buy imported raw materials and intermediate goods
    is a major impediment to the ability of the Salvadoran economy
    to provide jobs. The Congress also recognizes that the funds
    budgeted for economic assistance are only a fraction of the
    foreign exchange needed, and United States economic aid should
    be used, wherever possible, to stimulate private sector
    lending. Therefore, the Congress urges the President to set
    aside a portion of the economic support funds to provide
    guarantees to private United States banks willing to give
    credits to the Salvadoran private sector.

          RESTRICTIONS ON MILITARY ASSISTANCE AND SALES TO EL SALVADOR

        Sec. 728.\21\ (a)(1) The Congress finds that peaceful and
    democratic development in Central America is in the interest of
    the United States and of the community of American States
    generally, that the recent civil strife in El Salvador has
    caused great human suffering and disruption to the economy of
    that country, and that substantial assistance to El Salvador is
    necessary to help alleviate that suffering and to promote
    economic recovery within a peaceful and democratic process.
    Moreover, the Congress recognizes that the efforts of the
    Government of El Salvador to achieve these goals are affected
    by the activities of forces beyond its control.
        (2) Taking note of the substantial progress made by the
    Government of El Salvador in land and banking reforms, the
    Congress declares it should be the policy of the United States
    to encourage and support the Government of El Salvador in the
    implementation of these reforms.
        (3) The United States also welcomes the continuing efforts
    of President Duarte and his supporters in the Government of El
    Salvador to establish greater control over the activities of
    members of the armed forces and government security forces. The
    Congress finds that it is in the interest of the United States
    to cooperate with the Duarte government in putting an end to
    violence in El Salvador by extremist elements among both the
    insurgents and the security forces, and in establishing a
    unified command and control of all government forces.
        (4) The United States supports the holding of free, fair,
    and open elections in El Salvador at the earliest date. The
    Congress notes the progress being made by the Duarte government
    in this area, as evidenced by the appointment of an electoral
    commission.
        (b) In fiscal years 1982 and 1983, funds may be obligated
    for assistance for El Salvador under chapter 2 or 5 of part II
    of the Foreign Assistance Act of 1961, letters of offer may be
    issued and credits and guarantees may be extended for El
    Salvador under the Arms Export Control Act, and members of the
    Armed Forces may be assigned or detailed to El Salvador to
    carry out functions under the Foreign Assistance Act of 1961 or
    the Arms Export Control Act, only if not later than thirty days
    after the date of enactment of this Act and every one hundred
    and eighty days thereafter, the President makes a certification
    in accordance with subsection (d).
        (c) If the President does not make such a certification at
    any of the specified times then the President shall
    immediately--
              (1) suspend all expenditures of funds and other
            deliveries of assistance for El Salvador which were
            obligated under chapters 2 and 5 of part II of the
            Foreign Assistance Act of 1961 after the date of
            enactment of this Act;
              (2) withhold all approvals for use of credits and
            guarantees for El Salvador which were extended under
            the Arms Export Control Act after the date of enactment
            of this Act;
              (3) suspend all deliveries of defense articles,
            defense services, and design and construction services
            to El Salvador which were sold under the Arms Export
            Control Act after the date of enactment of this Act;
            and
              (4) order the prompt withdrawal from El Salvador of
            all members of the Armed Forces performing defense
            services, conducting international military education
            and training activities, or performing management
            functions under section 515 of the Foreign Assistance
            Act of 1961.
    Any suspension of assistance pursuant to paragraphs (1) through
    (4) of this subsection shall remain in effect during fiscal
    year 1982 and during fiscal year 1983 until such time as the
    President makes a certification in accordance with subsection
    (d).
        (d) The certification required by subsection (b) is a
    certification by the President to the Speaker of the House of
    Representatives and to the chairman of the Committee on Foreign
    Relations of the Senate of a determination that the Government
    of El Salvador--
              (1) is making a concerted and significant effort to
            comply with internationally recognized human rights;
              (2) is achieving substantial control over all
            elements of its own armed forces, so as to bring to an
            end the indiscriminate torture and murder of Salvadoran
            citizens by these forces:
              (3) is making continued progress in implementing
            essential economic and political reforms, including the
            land reform program;
              (4) is committed to the holding of free elections at
            an early date and to that end has demonstrated its good
            faith efforts to begin discussions with all major
            political factions in El Salvador which have declared
            their willingness to find and implement an equitable
            political solution to the conflict, with such solution
            to involve a commitment to--
                      (A) a renouncement of further military or
                    paramilitary activity; and
                      (B) the electoral process with
                    internationally recognized observers.
    Each such certification shall discuss fully and completely the
    justification for making each of the determinations required by
    paragraphs (1) through (4).
        (e) \24\ On making the first certification under subsection
    (b) of this section, the President shall also certify to the
    Speaker of the House of Representatives and the chairman of the
    Committee on Foreign Relations of the Senate that he has
    determined that the Government of El Salvador has made good
    faith efforts both to investigate the murders of the six United
    States citizens in El Salvador in December 1980 and January
    1981 and to bring to justice those responsible for those
    murders. The second certification required under this section
    may be made only if it includes a determination by the
    President that the Government of El Salvador (1) has made good
    faith efforts since the first such certification was made to
    investigate the murders of those six United States citizens and
    to bring to justice those responsible for those murders, and
    (2) has taken all reasonable steps to investigate the
    disappearance of journalist John Sullivan in El Salvador in
    January 1981.\25\ The fourth certification required under this
    section may be made only if it includes a determination by the
    President that, since the third such certification was made,
    the Government of El Salvador (1) has made good faith efforts
    both to investigate the murders of the seven United States
    citizens in El Salvador in December 1980 and January 1981 and
    to bring to justice all those responsible for those murders,
    and (2) has taken all reasonable steps to investigate the
    killing of Michael Kline in El Salvador in October 1982.\26\
    ---------------------------------------------------------------------------
        \24\ By memorandum of August 10, 1982, the President delegated the
    functions conferred upon him under subsec. (e) to the Secretary of
    State (47 F.R. 38099; August 30, 1982).
        \25\ This sentence was added by Public Law 97-233 (96 Stat. 260).
        \26\ This sentence was added by Public Law 98-53 (97 Stat. 287).
    ---------------------------------------------------------------------------

                 REPORTING REQUIREMENT RELATING TO EL SALVADOR

        Sec. 729. (a) Not later than ninety days after the date of
    enactment of this section, the President shall prepare and
    transmit to the Speaker of the House of Representatives and to
    the chairman of the Committee on Foreign Relations of the
    Senate a report setting forth--
              (1) the viewpoints of all major parties to the
            conflict in El Salvador and of the influential actors
            in the Salvadoran political system regarding the
            potential for and interest in negotiations, elections,
            and a settlement of the conflict; and
              (2) the views of democratic Latin American nations,
            Canada, the Organization of American States, and
            European allies of the United States regarding a
            negotiated settlement to such conflict.
        (b) It is the sense of the Congress that the President
    shall, as soon as possible, send a special envoy or use other
    appropriate means to consult with and gather information from
    appropriate representatives of the parties to the Salvadoran
    conflict, democratic governments of Latin America, Canada, and
    European allies of the United States regarding the attainment
    of a negotiated settlement in El Salvador.

                       RESTRICTIONS ON AID TO EL SALVADOR

        Sec. 730. None of the funds authorized to be appropriated
    by this Act may be made available for the provision of
    assistance to El Salvador for the purpose of planning for
    compensation, or for the purpose of compensation, for the
    confiscation, nationalization, acquisition, or expropriation of
    any agricultural or banking enterprise, or of the properties or
    stock shares which may be pertaining thereto.

                             EL SALVADORAN REFUGEES

        Sec. 731.\27\ It is the sense of the Congress that the
    administration should continue to review, on a case-by-case
    basis, petitions for extended voluntary departure made by
    citizens of El Salvador who claim that they are subject to
    persecution in their homeland, and should take full account of
    the civil strife in El Salvador in making decisions on such
    petitions.
    ---------------------------------------------------------------------------
        \27\ 8 U.S.C. 1157 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                                    REPEALS

        Sec. 734. (a) * * *
        (b) * * *
        (c) Except as otherwise explicitly provided by their terms,
    amendments to the Foreign Assistance Act of 1961 and the Arms
    Export Control Act which are applicable only to a single fiscal
    or calendar year or which require reports or other actions on a
    nonrecurring basis shall be deemed to have expired and shall be
    removed from law upon the expiration of the applicable time
    periods for the fulfillment of the required actions.

                          REPORT ON NUCLEAR ACTIVITIES

        Sec. 735. Beginning with the fiscal year 1983 and for each
    fiscal year thereafter, the President shall prepare and
    transmit to the Congress, as part of the presentation materials
    for foreign assistance programs proposed for the fiscal year, a
    classified report describing the nuclear programs and related
    activities of any country for which a waiver of section 669 or
    670 of the Foreign Assistance Act of 1961 is in effect,
    including an assessment of--
              (1) the extent and effectiveness of International
            Atomic Energy Agency safeguards at that country's
            nuclear facilities; and
              (2) the capability, actions, and intentions of the
            government of that country with respect to the
            manufacture or acquisition of a nuclear explosive
            device.
               * * * * * * *

       PROHIBITIONS RELATING TO NUCLEAR TRANSFERS AND NUCLEAR DETONATIONS

        Sec. 737.\28\ (a) The Congress finds that any transfer of a
    nuclear explosive device to a non-nuclear-weapon state or, in
    the case of a non-nuclear-weapon state, any receipt or
    detonation of a nuclear explosive device would cause grave
    damage to bilateral relations between the United States and
    that country.
    ---------------------------------------------------------------------------
        \28\ 22 U.S.C. 2429a note.
    ---------------------------------------------------------------------------
        (b) * * *
        (c) * * *
       w. International Security and Development Cooperation Act of 1980

    Partial text of Public Law 96-533 [H.R. 6942], 94 Stat. 3131, approved
       December 16, 1980, as amended by Public Law 97-113 [International
     Security and Development Cooperation Act of 1981, S. 1196], 95 Stat.
       1519, approved December 29, 1981; Public Law 99-83 [International
    Security and Development Cooperation Act of 1985, S. 960], 99 Stat. 190
         at 264, approved August 8, 1985; Public Law 100-461 [Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1989; H.R. 4637], 102 Stat. 2268, approved October 1, 1988; Public Law
      101-167 [Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1990; H.R. 3743], 103 Stat. 1195, approved November
        21, 1989; and by Public Law 106-113 [Foreign Operations, Export
     Financing, and Related Programs Appropriations Act, 2000; H.R. 3422,
    enacted by reference in sec. 1000(a)(2) of Consolidated Appropriations
    Act for Fiscal Year 2000; H.R. 3194], 113 Stat. 1501, approved November
                                    29, 1999

              Note.--Except for the provisions noted below, the
            International Security and Development Cooperation Act
            of 1980 consists of amendments to the Foreign
            Assistance Act of 1961, the International Development
            and Cooperation Act of 1979, the Arms Export Control
            Act, the International Security Assistance and Arms
            Export Control Act of 1976, the Export Administration
            Act of 1979, the Department of State Authorization Act,
            Fiscal Years 1980/1981, Public Law 480, the Peace Corps
            Act, and the Domestic Volunteer Service Act. These
            amendments are incorporated into the texts of these
            Acts at the appropriate locations.

        AN ACT To authorize appropriations for the fiscal year 1980 for
    international security and development assistance, the Peace Corps, and
                  refugee assistance, and for other purposes.

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

                                  SHORT TITLE

        Section 1. This Act may be cited as the ``International
    Security and Development Cooperation Act of 1980''.

          TITLE I--MILITARY AND RELATED ASSISTANCE AND SALES PROGRAMS

              * * * * * * *

           FOREIGN MILITARY SALES AUTHORIZATION AND AGGREGATE CEILING

        Sec. 106. (a) * * *
        (b) * * *
        (c) * * *
        (d) \1\ The principal amount of the loans guaranteed under
    section 24(a) of such Act for the fiscal year 1981 with respect
    to Egypt, the Sudan, Greece, and Turkey shall be repaid, and
    with respect to Somalia may be repaid, in not less than twenty
    years, following a grace period of ten years on repayment of
    principal.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2764.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 108.\2\ Export Controls on Certain Items on the
    Munitions List. * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \2\ Sec. 108, which had required two reports from the President on
    which defense articles and defense services, if any, should be removed
    from the U.S. Munitions List and whether sec. 620B of the Foreign
    Assistance Act of 1961 (blocking aid and arms sales to Argentina)
    should be amended, was repealed by sec. 734(a)(2) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1560). These reports were submitted to Congress by the President
    on May 12, 1981.
    ---------------------------------------------------------------------------
        Sec. 109.\3\ Leasing of Defense Property. * * * [Repealed--
    1981]
    ---------------------------------------------------------------------------
        \3\ Sec. 109, which had required the President to report to
    Congress 30 days prior to leasing defense property to a foreign
    government for a period of more than 6 months, was repealed by sec.
    109(d)(1) of the International Security and Development Cooperation Act
    of 1981 (Public Law 97-113; 95 Stat. 1560). See ch. 6 of the Arms
    Export Control Act for current law concerning leases of defense
    articles.
    ---------------------------------------------------------------------------

               EXPORTATION OF URANIUM DEPLETED IN THE ISOTOPE 235

        Sec. 110.\4\ Upon a finding that an export of uranium
    depleted in the isotope 235 is incorporated in defense articles
    or commodities solely to take advantage of high density or
    pyrophoric characteristics unrelated to its radioactivity, such
    exports shall be exempt from the provisions of the Atomic
    Energy Act of 1954 and of the Nuclear Non-Proliferation Act of
    1978 when such exports are subject to the controls established
    under the Arms Export Control Act or the Export Administration
    Act of 1979.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 2778a.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 118.\5\ Military or Paramilitary Operations in Angola.
    * * * [Repealed--1985]
    ---------------------------------------------------------------------------
        \5\ Sec. 118, titled ``Military or Paramilitary Operations in
    Angola'', was repealed by sec. 811 of the International Security and
    Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 264).
    Subsec. (e) of the former section repealed an earlier law which placed
    limitations on certain assistance to, and activities in, Angola. Sec.
    118 formerly read as follows:
    ---------------------------------------------------------------------------

                ``MILITARY OR PARAMILITARY OPERATIONS IN ANGOLA
    ---------------------------------------------------------------------------
        ``Sec. 118.(a) Notwithstanding any other provision of law, no
    assistance of any kind may be provided for the purpose, or which would
    have the effect, of promoting or augmenting, directly or indirectly,
    the capacity of any nation, group, organization, movement, or
    individual to conduct military or paramilitary operations in Angola
    unless and until--
    ---------------------------------------------------------------------------

              ``(1) the President determines that such assistance should be
            furnished in the national security interests of the United
            States;
              ``(2) the President submits to the Committee on Foreign
            Affairs of the House of Representatives and the Committee on
            Foreign Relations of the Senate a report containing--

                      ``(A) a description of the amounts and categories of
                    assistance which he recommends be furnished and the
                    identity of the proposed recipients of such assistance;
                    and
                      ``(B) a certification that he has determined that the
                    furnishing of such assistance is important to the
                    national security interests of the United States and a
                    detailed statement of the reasons supporting such
                    determination; and

              ``(3) the Congress enacts a joint resolution approving the
            furnishing of such assistance.
    ---------------------------------------------------------------------------
        ``(b) If introduced within 30 days after the submission of the
    report required by paragraph (2) of subsection (a), a resolution under
    paragraph (3) of subsection (a) shall be considered in the Senate in
    accordance with the provisions of section 601(b) of the International
    Security Assistance and Arms Export Control Act of 1976 and in the
    House of Representatives in accordance with the procedures applicable
    to the consideration of resolutions of disapproval under section 36(b)
    of the Arms Export Control Act.
        ``(c) The prohibition contained in subsection (a) does not apply
    with respect to assistance which is furnished solely for humanitarian
    purposes.
        ``(d) The provisions of this section may not be waived under any
    other provision of law.
        ``(e) Section 404 of the International Security Assistance and Arms
    Export Control Act of 1976 is repealed.''.
    ---------------------------------------------------------------------------

                PROHIBITION ON MILITARY ASSISTANCE TO NICARAGUA

        Sec. 119.\6\ None of the funds authorized to be
    appropriated by this title shall be made available for any aid
    or assistance to Nicaragua.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

                        TITLE II--ECONOMIC SUPPORT FUND

              * * * * * * *

                   TITLE III--DEVELOPMENT ASSISTANCE PROGRAMS

              * * * * * * *

                      ASSISTANCE TO THE EASTERN CARIBBEAN

        Sec. 313. (a) The Congress urges the President to use up to
    $7,000,000 for the fiscal year 1981 for bilateral development
    assistance for the countries of the eastern Caribbean.
        (b) \7\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \7\ Subsec. (b), which had required a report from the President by
    February 1, 1981, regarding the implementation of this section, was
    repealed by sec. 734(a)(2) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    The President submitted this report on February 6, 1981.
    ---------------------------------------------------------------------------

                        ASSISTANCE FOR EQUATORIAL GUINEA

        Sec. 314. The President is urged to provide up to
    $3,000,000 of the funds authorized to be appropriated for the
    fiscal year 1981 by this title for assistance to Equatorial
    Guinea if he deems that conditions in that country warrant such
    assistance.

                           CARIBBEAN DEVELOPMENT BANK

        Sec. 315. Notwithstanding section 620(r) of the Foreign
    Assistance Act of 1961, the President may, after consultation
    with the Committee on Foreign Relations of the Senate and the
    Committee on Foreign Affairs of the House of Representatives,
    make arrangements at his discretion for the assumption by the
    recipient members of the Caribbean Development Bank of any
    loans made to the Bank under the authority of that Act.

                                  WORLD HUNGER

        Sec. 316.\8\ (a) In order to further the purposes of
    section 103 of the Foreign Assistance Act of 1961, the Director
    of the United States International Development Cooperation
    Agency shall encourage the ongoing work of private and
    voluntary organizations to deal with world hunger problems
    abroad. To this end, the Director shall help facilitate
    widespread public discussion, analysis, and review of the
    issues raised by the Report of the Presidential Commission on
    World Hunger of March 1980, especially the issues raised by the
    Commission's call for increased public awareness of the
    political, economic, technical, and social factors relating to
    hunger and poverty.
    ---------------------------------------------------------------------------
        \8\ Sec. 544 of the Foreign Operations, Export Financing,and
    Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on
    October 24, 2000, enacted by reference in sec. 101(a) of Public Law
    106-429; 114 Stat. 1900A-39), provided the following:
    ---------------------------------------------------------------------------

                    ``PROHIBITION ON PUBLICITY OR PROPAGANDA
    ---------------------------------------------------------------------------
        ``Sec. 544. No part of any appropriation contained in this Act
    shall be used for publicity or propaganda purposes within the United
    States not authorized before the date of the enactment of this Act by
    the Congress: Provided, That not to exceed $750,000 may be made
    available to carry out the provisions of section 316 of Public Law 96-
    533.''.
    ---------------------------------------------------------------------------
        (b) As a means of carrying out subsection (a), and to
    ensure the effectiveness of private and voluntary organizations
    in dealing with world hunger abroad, the Director is urged to
    provide assistance to private and voluntary organizations
    engaged in facilitating public discussion of hunger and other
    related issues.

                    REDUCTION OF POSTHARVEST LOSSES OF FOOD

        Sec. 317.\9\ It is the sense of the Congress that--
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------
              (1) the President should reaffirm the policy of the
            United States Government to support the goal
            established by the United Nations General Assembly of
            reducing by 50 percent postharvest losses of food in
            developing countries; and
              (2) the President, acting through the Agency for
            International Development, should increase
            substantially the proportion of funds made available
            under the Foreign Assistance Act of 1961 for the
            purpose of assisting, together with other donor
            countries and with developing countries, in the
            reduction of postharvest losses of food in developing
            countries.

                      TITLE IV--OTHER ASSISTANCE PROGRAMS

              * * * * * * *

                        INTERNATIONAL NARCOTICS CONTROL

        Sec. 402. (a) * * *
        (b) * * *
        (c) Notwithstanding the provisions of section 482(a)(2) of
    the Foreign Assistance Act of 1961 as in effect immediately
    prior to the enactment of this Act, funds appropriated for the
    fiscal year 1980 to carry out the purposes of section 481 of
    that Act which were obligated for assistance for Colombia may
    be used for fixed-wing aircraft, communications equipment, and
    such other equipment and operational support, including
    aviation services, as are essential to the Colombian anti-
    narcotics enforcement program.
              * * * * * * *

                                   EAST TIMOR

        Sec. 408. It is the sense of the Congress that the
    President should take all appropriate measures to--
              (1) continue to support and encourage relief
            operations by the Government of Indonesia and by
            international relief agencies in East Timor;
              (2) assist the Government of Indonesia to facilitate
            the reuniting of families separated because of
            developments in recent years in East Timor; and
              (3) encourage the Government of Indonesia to allow
            access to East Timor by international journalists.

                    TITLE V--AFRICAN DEVELOPMENT FOUNDATION

                                  SHORT TITLE

        Sec. 501.\10\ This title may be cited as the ``African
    Development Foundation Act''.
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 290h note.
    ---------------------------------------------------------------------------

                                    FINDINGS

        Sec. 502.\11\ The Congress finds that--
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 290h.
    ---------------------------------------------------------------------------
              (1) social and economic development ultimately
            depends on the active participation of individuals
            within a society and on the enhancement of
            opportunities for those individuals;
              (2) \12\ the development of individuals and
            institutions in African countries can benefit by the
            provision of support for community-based self-help
            activities;
    ---------------------------------------------------------------------------
        \12\ Section 586 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by
    reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535),
    authorized the President to abolish the Inter-American Foundation and
    made conforming amendments to legislation related to the Inter-American
    Foundation to reflect the abolishment. These amendments are to be
    effective and executed only after the Director of the Office of
    Management and Budget transmits to Congress a certification that
    responsibilities delegated to the Director, primarily that of
    administering and winding-up any outstanding obligations of the Inter-
    American Foundation, have been fully discharged.
        That certification and subsequent administration have not yet been
    executed. Upon execution of these requirements, sec. 586(h)(1) of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2000 (H.R. 3422, enacted by reference in sec.
    1000(a)(2) of Public Law 106-113; 113 Stat. 1535), will add ``and'' at
    the end of para. (2), replace a semicolon with a period at the end of
    para. (3), and strike out paras. (4) and (5).
    ---------------------------------------------------------------------------
              (3) by enacting title IX of chapter 2 of part I of
            the Foreign Assistance Act of 1961, and recent
            amendments to that Act, the Congress has sought to
            enable the poor to participate in the process of
            development;
              (4) \12\ the Inter-American Foundation, established
            by Congress in the Foreign Assistance Act of 1969 to
            support the efforts of the people of Latin America and
            the Caribbean to solve their development problems, has
            demonstrated a successful approach to development; and
              (5) \12\ an African Development Foundation similar in
            structure to the Inter-American Foundation, but adapted
            to the specific needs of Africa, can complement current
            United States development programs in Africa.

                                 ESTABLISHMENT

        Sec. 503.\13\ (a) There is established a body corporate to
    be known as the ``African Development Foundation'' (hereafter
    in this title referred to as the ``Foundation'').
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 290h-1.
    ---------------------------------------------------------------------------
        (b) The Foundation shall establish a principal office in
    the United States and may establish such branch offices in
    Africa as may be necessary to carry out its functions.

                                    PURPOSES

        Sec. 504.\14\ (a) In order to enable the people of African
    countries to develop their potential, fulfill their
    aspirations, and enjoy better, more productive lives the
    purposes of the Foundation shall be--
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 290h-2.
    ---------------------------------------------------------------------------
              (1) to strengthen the bonds of friendship and
            understanding between the people of Africa and the
            United States;
              (2) to support self-help activities at the local
            level designed to enlarge opportunities for community
            development;
              (3) to stimulate and assist effective and expanding
            participation process; and
              (4) to encourage the establishment and growth of
            development institutions which are indigenous to
            particular countries in Africa and which can respond to
            the requirements of the poor in those countries.
        (b) The Foundation shall carry out the purposes specified
    in subsection (a) in cooperation with, and response to,
    organizations indigenous to Africa which are representative of
    the needs and aspirations of the poor in Africa and, in
    carrying out such purposes, the Foundation shall, to the extent
    possible, coordinate its development assistance activities with
    the activities of the United States Government and private,
    regional, and international organizations.

                                   FUNCTIONS

        Sec. 505.\15\ (a)(1) In order to carry out the purposes set
    forth in section 504, the Foundation may make grants, loans,
    and loan guarantees to any African private or public group
    (including public international organizations),\16\
    association, or other entity engaged in peaceful activities
    for--
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 290h-3.
        \16\ Title II of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1989 (Public Law 100-461; 102
    Stat. 2268-13) added the parenthetical text.
    ---------------------------------------------------------------------------
              (A) the fostering of local development institutions
            and the support of development efforts initiated by
            communities themselves;
              (B) the development of self-evaluation techniques by
            participants in projects supported under this section,
            for the purpose of transferring experience gained in
            such projects to similar development activities;
              (C) development research by Africans and the transfer
            of development resources, expertise, and knowledge
            within Africa;
              (D) the procurement of such technical or other
            assistance as is deemed appropriate by the recipient of
            such grant, loan, or guarantee, to carry out the
            purposes of this title; and
              (E) other projects that would carry out the purposes
            set forth in section 504.
        (2) The total amount of grants, loans and loan guarantees
    that may be made under this section for a project may not
    exceed $250,000.
        (3) The Foundation may disseminate to the American public
    and to United States and multilateral development institutions
    insights gained from African development projects assisted
    under this title.
        (b) In making grants, loans, and loan guarantees under
    subsection (a), the Foundation shall give priority to projects
    which community groups undertake to foster their own
    development and in the initiation, design, implementation, and
    evaluation of which there is the maximum feasible participation
    of the poor. Where appropriate and in keeping with the purposes
    of this title, the Foundation may make such grants, loans, and
    loan guarantees to African entities which are representative
    and knowledgeable of, and sensitive to, the needs and
    aspirations of the poor and which would disburse funds acquired
    under such grants, loans, and loan guarantees to other African
    entities to carry out the purposes of this title.

                                     POWERS

        Sec. 506.\17\ (a) The Foundation, as a corporation--
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 290h-4.
    ---------------------------------------------------------------------------
              (1) shall have perpetual succession unless dissolved
            by an Act of Congress;
              (2) may sue and be sued, complain, and defend, in its
            corporate name in any court of competent jurisdiction;
              (3) may adopt, alter, and use a seal, which shall be
            judicially noticed;
              (4) may prescribe, amend, and repeal such rules and
            regulations as may be necessary for carrying out the
            functions of the Foundation;
              (5) may make and perform such contracts and other
            agreements with any individual, corporation, or other
            private or public entity however designated and
            wherever situated, as may be necessary for carrying out
            the functions of the Foundation;
              (6) may determine and prescribe the manner in which
            its obligations shall be incurred and its expenses
            allowed and paid, including expenses for representation
            not exceeding $10,000 in any fiscal year;
              (7) may, as necessary for carrying out the functions
            of the Foundation, employ and fix the compensation of
            not to exceed the following number of persons at any
            one time: 25 during the fiscal year 1981, 50 during the
            fiscal year 1982, and 75 thereafter;
              (8) may lease, purchase, or otherwise acquire, own,
            hold, improve, use, or otherwise deal in and with such
            property (real, personal, or mixed) or any interest
            therein, wherever situated, as may be necessary for
            carrying out the functions of the Foundation;
              (9) may accept gifts or donations of services or of
            property (real, personal, or mixed), tangible or
            intangible, in furtherance of the purposes of this
            title;
              (10) may use the United States mails in the same
            manner and on the same conditions as the executive
            departments of the Government;
              (11) may, with the consent of any agency of the
            United States, use the information, services,
            facilities, and personnel of that agency in carrying
            out the purposes of this title; and
              (12) shall have such other powers as may be necessary
            and incident to carrying out this title.
        (b) The Foundation shall be a nonprofit corporation and
    shall have no capital stock. No part of its revenue, earnings,
    or other income or property shall inure to the benefit of any
    of its directors, officers, or employees, and such revenue,
    earnings, or other income or property shall only be used from
    carrying out the purposes of this title. No director, officer,
    or employee of the corporation shall in any manner directly or
    indirectly participate in the deliberation upon or the
    determination of any question affecting his or her personal
    interests or the interests of any corporation, partnership, or
    organization in which he or she is directly or indirectly
    interested.
        (c) The Foundation, including its franchise and income,
    shall be exempt from taxation now or hereafter imposed by the
    United States, by any territory or possession of the United
    States, or by any State, county, municipality, or local taxing
    authority.
        (d) Upon termination of the corporate life of the
    Foundation its assets shall be liquidated and, unless otherwise
    provided by Congress, shall be transferred to the United States
    Treasury as the property of the United States.

                                   MANAGEMENT

        Sec. 507.\18\ (a)(1) The management of the Foundation shall
    be vested in a board of directors (hereafter in this title
    referred to as the ``Board'') composed of seven members
    appointed by the President, by and with the advice and consent
    of the Senate. The President shall designate one member of the
    Board to serve as Chairperson of the Board and one member to
    serve as Vice Chairperson of the Board. Five members of the
    Board shall be appointed from private life. Two members of the
    Board shall be appointed from among officers and employees of
    agencies of the United States concerned with African affairs.
    All members of the Board shall be appointed on the basis of
    their understanding of and sensitivity to community level
    development processes. Members of the Board shall be appointed
    so that no more than four members of the Board are members of
    any one political party.\19\
    ---------------------------------------------------------------------------
        \18\ 22 U.S.C. 290h-5.
        \19\ Title II of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
    Stat. 1209) added the last sentence to this section. Title II also
    provided that this amendment ``shall not affect an appointment made to
    the Board prior to the date of enactment of this Act'' [November 21,
    1989].
    ---------------------------------------------------------------------------
        (2) Members of the Board shall be appointed for terms of
    six years, except that of the members first appointed, as
    designated by the President at the time of their appointment,
    two shall be appointed for terms of two years and two shall be
    appointed for terms of four years. A member of the Board
    appointed to fill a vacancy occurring before the expiration of
    the term for which that member's predecessor was appointed
    shall be appointed only for the remainder of that term. Upon
    the expiration of his or her term a member shall continue to
    serve until a successor is appointed and shall have qualified.
        (b) Members of the Board shall serve without additional
    compensation, but may be reimbursed for actual and necessary
    expenses not exceeding $100 per day, and for transportation
    expenses, while engaged in their duties on behalf of the
    Foundation.
        (c) A majority of the Board shall constitute a quorum.
        (d)(1) The Board of Directors shall appoint a president of
    the Foundation on such terms as the Board may determine. The
    president of the Foundation shall receive compensation at a
    rate not to exceed that provided for level IV of the Executive
    Schedule under section 5315 of title 5, United States Code.
        (2) Experts and consultants may be employed by the Board as
    authorized by section 3109 of title 5, United States Code.
        (e)(1) The Board shall establish an advisory council to be
    composed of such number of individuals as may be selected by
    the Board from among individuals knowledgeable about
    development activities in Africa. The advisory council may
    include African recipients of grants, loans, or loan guarantees
    under this title.
        (2) The Board shall, at least once each year, consult the
    advisory council concerning the objectives and activities of
    the Foundation.
        (3) Members of the advisory council shall receive no
    compensation for their services but may be allowed travel and
    other expenses in accordance with section 5703 of title 5,
    United States Code, which are incurred by them in the
    performance of their functions under this subsection.

                       GOVERNMENT CORPORATION CONTROL ACT

        Sec. 508.\20\ The Foundation shall be subject to title I of
    the Government Corporation Control Act.
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 290h-6.
    ---------------------------------------------------------------------------

                        LIMITATION ON SPENDING AUTHORITY

        Sec. 509.\21\ Any authority provided by this title
    involving the expenditure of funds (other than the funds made
    available pursuant to section 510) shall be effective for a
    fiscal year only to such extent or in such amounts as are
    provided in advance in appropriation Acts.
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 290h-7.
    ---------------------------------------------------------------------------

                        AUTHORIZATIONS OF APPROPRIATIONS

        Sec. 510.\22\ There are authorized to be appropriated to
    carry out this title, in addition to amounts otherwise
    available for that purpose, $3,872,000 for fiscal year 1986 and
    $3,872,000 for fiscal year 1987. Funds appropriated under this
    section are authorized to remain available until expended.
    ---------------------------------------------------------------------------
        \22\ 22 U.S.C. 290h-8. The authorizations for fiscal year 1986 and
    fiscal year 1987 were provided by sec. 510 of the International
    Security and Development Cooperation Act of 1985 (Public Law 99-83, 99
    Stat. 264). Authorizations for previous years include: fiscal year
    1982--$2,000,000; fiscal year 1983--$2,000,000; fiscal year 1984--
    $3,000,000; fiscal year 1985--no authorization; fiscal years 1988
    through 2001--no authorization.
        Congress did not enact an authorization for fiscal year 2001.
    Instead, the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000,
    enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat.
    1900), waived the requirements for authorization, and title II of that
    Act provided the following:
    ---------------------------------------------------------------------------

                            ``DEVELOPMENT ASSISTANCE

                        ``(INCLUDING TRANSFER OF FUNDS)
    ---------------------------------------------------------------------------
        ``For necessary expenses to carry out the provisions of sections
    103 through 106, and chapter 10 of part I of the Foreign Assistance Act
    of 1961, title V of the International Security and Development
    Cooperation Act of 1980 (Public Law 96-533) and the provisions of
    section 401 of the Foreign Assistance Act of 1969, $1,305,000,000, to
    remain available until September 30, 2002: * * * Provided further, That
    of the amount appropriated under this heading, up to $16,000,000 may be
    made available for the African Development Foundation and shall be
    apportioned directly to that agency: * * *''.
    ---------------------------------------------------------------------------
        Sec. 511.\23\ Expiration of Authorities * * * [Repealed--
    1989]
    ---------------------------------------------------------------------------
        \23\ Title II of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
    Stat. 1209) repealed sec. 511 (22 U.S.C. 290h-9). Section 511 formerly
    read as follows:
        ``The authority of the Foundation to make grants, loans, and loan
    guarantees and otherwise to carry out the purposes of this title shall
    expire on September 30, 1990, except that this section shall not
    preclude the Foundation from acquiring obligations prior to that date
    which mature subsequent to that date or from assuming liability prior
    to that date as a guarantor of obligations which mature subsequent to
    that date or from continuing as a body corporate and exercising any of
    its powers subsequent to that date for purposes of the orderly
    liquidation of its activities.''.
    ---------------------------------------------------------------------------

                             TITLE VI--PEACE CORPS

              * * * * * * *
        Sec. 603.\24\ Utilization of Returned Peace Corps
    Volunteers * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \24\ Sec. 603, which had required a report from the Director of the
    Peace Corps on a plan for more effective utilization of returned Peace
    Corps volunteers, was repealed by sec. 734(a)(2) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1560). The Director submitted this report to Congress on January
    15, 1981.
    ---------------------------------------------------------------------------

                      TITLE VII--MISCELLANEOUS PROVISIONS

              * * * * * * *

            INTERAGENCY GROUP ON HUMAN RIGHTS AND FOREIGN ASSISTANCE

        Sec. 710. It is the sense of the Congress that--
              (1) the Interagency Group on Human Rights and Foreign
            Assistance has been an effective mechanism for
            coordinating and implementing United States human
            rights policies;
              (2) the President should consider establishing the
            Interagency Group on a more permanent basis;
              (3) the Interagency Group should examine proposals
            for not only economic assistance but also for security
            assistance; and
              (4) the President should report his recommendations
            for strengthening the Interagency Group to the Congress
            no later than July 1, 1981.

                            PEACE IN THE MIDDLE EAST

        Sec. 711.\25\ (a) It is the sense of the Congress that all
    parties to the Arab-Israeli conflict need to reaffirm their
    unequivocal commitment to the peace process in order to achieve
    further progress toward a comprehensive settlement, to
    reinforce the principles of the Camp David accords, and to take
    actions to encourage parties not currently involved in the
    peace process to become active participants in peace efforts.
    ---------------------------------------------------------------------------
        \25\ 22 U.S.C. 3401 note.
    ---------------------------------------------------------------------------
        (b) It is further the sense of the Congress that to further
    these goals (1) all parties to the conflict should accept
    Israel's unequivocal right to exist within secure and
    recognized borders; (2) the Governments of Israel and Egypt
    should maintain and strengthen their commitment to the process
    of normalization of relations and continue actions to support
    that commitment; (3) the Governments of Israel and Egypt should
    reaffirm their commitment to United Nations Resolution 242 and
    its applicability, in all its aspects, to territories under
    negotiations; and (4) the governments of countries in the
    Middle East should assure that their policies and actions are
    consistent with the objectives of achieving peace and of
    involving other parties in the peace process.

                             ASSISTANCE FOR JORDAN

        Sec. 712. It is the sense of the Congress that for Jordan
    to receive any funds authorized to be appropriated by this Act,
    it should be judged by the President that Jordan is acting in
    good faith to achieve peace in the Middle East and that the
    expenditure of such funds for Jordan will serve to further
    peace in the Middle East.
        Sec. 713.\26\ External Debt Burdens of Egypt, Israel,
    Portugal, and Turkey * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \26\ Sec. 713, which had required a report from the President
    regarding the economic conditions prevailing in Egypt, Israel,
    Portugal, and Turkey which may affect their respective ability to meet
    their international debt obligations and to stabilize their economies,
    was repealed by sec. 734(a)(2) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    The President submitted this report to Congress on January 19, 1981. A
    similar report concerning Egypt, Israel, and Turkey is required by sec.
    723 of Public Law 97-113.
    ---------------------------------------------------------------------------
        Sec. 714.\27\ Soviet Military Personnel and Activities in
    Cuba * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \27\ Sec. 714, which had required quarterly and annual reports to
    Congress regarding the military capabilities and deployment of Soviet
    military personnel in Cuba and Soviet military assistance to the armed
    forces of Cuba, was repealed by sec. 734(a)(2) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1560).
    ---------------------------------------------------------------------------

                                 CUBAN REFUGEES

        Sec. 715. (a) The Congress finds that--
              (1) the flow of refugees for political, economic, or
            other compelling reasons is a growing and world-wide
            phenomenon;
              (2) the United States represents freedom of thought
            and action and economic opportunity and has
            historically played a major role in providing a home to
            the refugees of the world;
              (3) an orderly and lawful refugee process is
            necessary for the furtherance of United States domestic
            well-being;
              (4) continuation of the traditional compassionate and
            humanitarian policy of the United States regarding
            entry to its shores of refugees and other victims of
            oppression is threatened by the precipitate influx of
            large numbers of Cubans fleeing their country;
              (5) the United States has sought to negotiate with
            the Government of Cuba to establish a lawful, safe, and
            orderly process by which Cubans may be allowed to leave
            their country; and
              (6) the Cuban refugee crisis is a problem of
            international concern and other nations should
            contribute to its resolution.
        (b)(1) The Congress urges the President to take the
    necessary steps to encourage and secure greater international
    cooperation with respect to the large number of Cuban natives
    who have recently fled or are attempting to flee Cuba. Such
    steps should include seeking the agreement of other countries
    to admit some of those persons into their respective countries
    and to contribute funds and other assistance for the
    resettlement of those persons.
        (2) In order to encourage countries throughout the world
    which are recipients of United States bilateral and
    multilateral assistance to permit and to help finance the
    resettlement of Cuban and other refugees within their borders,
    the President shall, to the maximum extent feasible, attempt to
    channel such assistance to countries which have demonstrated a
    willingness to provide assistance to Cuban and other refugees.
        (c) It is the sense of the Congress that, in carrying out
    subsection (b)(1), the President should seek the discussion, in
    an appropriate international forum such as the United Nations
    or the Organization of American States, of the situation
    involving the flight of large numbers of Cuban natives from
    Cuba, of the resettlement of Cuban refugees, and of means by
    which a more orderly process may be established to handle
    future crises of a similar nature.

                INCARCERATION AND DEPORTATION OF CERTAIN CUBANS

        Sec. 716.\28\ The Congress finds that the United States
    Government has already incarcerated recently arrived Cubans who
    are admitted criminals, are security threats, or have incited
    civil disturbances in Federal processing facilities. The
    Congress urges the Executive branch, consistent with United
    States law, to seek the deportation of such individuals.
    ---------------------------------------------------------------------------
        \28\ 8 U.S.C. 1522 note.
    ---------------------------------------------------------------------------

      PROHIBITION ON ASSISTANCE TO THE GOVERNMENTS OF CUBA, VIETNAM, AND
                                    CAMBODIA

        Sec. 717. None of the funds authorized to be appropriated
    by this Act may be used to provide assistance to the
    Governments of Cuba, Vietnam, or Cambodia. Nothing in this
    section shall be construed to prohibit food assistance or
    humanitarian assistance which is distributed directly to the
    people of Cambodia.

      COOPERATION OF OTHER GOVERNMENTS IN THE BOYCOTT OF THE 1980 SUMMER
                            OLYMPIC GAMES IN MOSCOW

        Sec. 718. In determining the levels of assistance to be
    provided to a foreign government with funds authorized to be
    appropriated by this Act, the President shall take into account
    the position of that government with respect to the United
    States proposed boycott of the 1980 summer Olympic games in
    Moscow.

                              ELECTIONS IN UGANDA

        Sec. 719. The President shall encourage the holding of
    free, open elections in Uganda and shall, in considering
    assistance for Uganda with funds authorized to be appropriated
    by this Act, take into account whether such elections are held.
        Sec. 720.\29\ Report To Congress On the Implementation of
    the Lancaster House Declaration of Rights in Zimbabwe * * *
    [Repealed--1981]
    ---------------------------------------------------------------------------
        \29\ Sec. 720, which had required a report from the President every
    60 days during fiscal year 1981 (if Zimbabwe received assistance under
    this Act) regarding the internal situation in Zimbabwe, was repealed by
    sec. 734(a)(2) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    ---------------------------------------------------------------------------
        Sec. 721.\30\ Restriction on Assistance to El Salvador * *
    * [Repealed--1981]
    ---------------------------------------------------------------------------
        \30\ Sec. 721, which had prohibited the use of assistance for El
    Salvador during fiscal year 1981 for the purpose of planning for
    compensation, or for the purpose of compensation, for the confiscation,
    nationalization, acquisition, or expropriation of any agricultural or
    banking enterprise, or of the properties or stock shares which may be
    pertaining thereto, was repealed by sec. 734(a)(2) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1560).

                X. INTERNATIONAL SECURITY ASSISTANCE ACT OF 1979

      Partial text of Public Law 96-92 [H.R. 3173] 93 Stat. 701, approved
       October 29, 1979, as amended by Public Law 97-113 [International
     Security and Development Cooperation Act of 1981, S. 1196], 95 Stat.
                    1529 at 1560, approved December 29, 1981

              Note.--Except for the provisions noted below, the
            International Security Assistance Act of 1979 consists
            of amendments to the Foreign Assistance Act of 1961 and
            the Arms Export Control Act.

    AN ACT To amend the Foreign Assistance Act of 1961 and the Arms Export
    Control Act to authorize international security assistance programs for
                   fiscal year 1980, and for other purposes.

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

                                  SHORT TITLE

        Section 1. This Act may be cited as the ``International
    Security Assistance Act of 1979''.
              * * * * * * *

             STOCKPILING OF DEFENSE ARTICLES FOR FOREIGN COUNTRIES

        Sec. 6. (a) * * *
        (b) \1\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \1\ Subsec. (b) which had required a report from the President
    regarding the stockpiling authorities for the Republic of Korea, was
    repealed by sec. 734(a)(11) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    The President submitted this report to Congress on January 2, 1980.
    ---------------------------------------------------------------------------
              * * * * * * *

     AUTHORIZATION AND AGGREGATE CEILING FOR FOREIGN MILITARY SALES CREDITS

        Sec. 17. (a) * * *
        (b) \2\ Of the principal amount of loans guaranteed for the
    fiscal year 1980 under section 24 of the Arms Export Control
    Act--
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2271 note.
    ---------------------------------------------------------------------------
              (1) with respect to Turkey, not to exceed
            $50,000,000,
              (2) with respect to Greece, not to exceed
            $42,000,000, and
              (3) with respect to Sudan, not to exceed $25,000,000,
    shall be repaid in not less than 20 years, following a grace
    period of 10 years on repayment of principal.
              * * * * * * *

          NATIONAL DISCLOSURE POLICY FOR SENSITIVE WEAPONS TECHNOLOGY

        Sec. 20. (a) \3\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \3\ Subsec. (a), which had required a report from the President
    concerning the results of a review of the interagency procedures and
    disclosure criteria used by the U.S. in determining whether sensitive
    weapons technology will be transferred to other countries, was repealed
    by sec. 734(a)(11) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). The
    President submitted this report to Congress on March 25, 1980.
    ---------------------------------------------------------------------------
        (b) * * *
              * * * * * * *

         TRANSFER OF WAR RESERVE MATERIEL AND OTHER PROPERTY TO TAIWAN

        Sec. 23.\4\ (a) Notwithstanding any other provision of law,
    during the calendar year 1980 the President is authorized to
    transfer to Taiwan under such terms and conditions as he may
    deem appropriate, such United States war reserve materiel that
    was located on Taiwan on January 1, 1979, as he may determine.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 3302 note.
    ---------------------------------------------------------------------------
        (b) Notwithstanding any other provision of law, during the
    calendar years 1979 and 1980 the President is authorized to
    transfer to Taiwan, under such terms and conditions as he may
    deem appropriate, such rights of the United States in property
    (other than war reserve materiel) that was located on Taiwan on
    January 1, 1979, as he may determine.

                          AMMUNITION SOLD TO THAILAND

        Sec. 24. The Royal Thai Government shall be released from
    its contractual obligation to pay to the United States
    Government such amount as is due on or before October 30, 1979,
    as a condition precedent under the letter of offer accepted by
    the Royal Thai Government on April 12, 1977, to the transfer of
    title to the last increment of United States ammunition stocks
    sold to the Royal Thai Government under such letter of offer
    pursuant to the Memorandum of Agreement of March 22, 1977,
    relating to the storage of ammunition in Thailand.
        Sec. 25.\5\ Assistance for Jordan * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \5\ Sec. 25, which had required a determination and report by the
    President that Jordan was acting in good faith to achieve further
    progress toward a comprehensive peace settlement in the Middle East
    before funds could be used for assistance to Jordan during fiscal year
    1980, was repealed by sec. 734(a)(11) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    Such a determination was transmitted to Congress on January 10, 1980.
    ---------------------------------------------------------------------------

                                 SHABA AIRLIFT

        Sec. 26. Notwithstanding any other provision of law, the
    President is authorized to make available the services of the
    Department of Defense for the purpose of facilitating the
    removal from Zaire of those foreign armed forces which were
    transported to Zaire by the United States at the time of the
    crisis in Shaba Province in 1978.

             FISCAL YEAR 1979 SUPPLEMENTAL AUTHORIZATION FOR TURKEY

        Sec. 27.\6\ (a) It is hereby determined that the national
    interests of the United States would be served by the
    furnishing of additional economic support fund assistance to
    Turkey in order to promote the economic and political stability
    of that country, and to strengthen its ability to fulfill its
    responsibilities as a member of the North Atlantic Treaty
    Organization.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 2346c note.
    ---------------------------------------------------------------------------
        (b) In furtherance of subsection (a) of this section, and
    in addition to amounts otherwise available for such purposes,
    there are authorized to be appropriated to the President to
    carry out the purposes of chapter 4 of part II of the Foreign
    Assistance Act of 1961 $100,000,000 for the fiscal year 1979,
    which amount shall be available only for Turkey.\7\
    ---------------------------------------------------------------------------
        \7\ Supplemental Appropriations Act, 1979 (Public Law 96-38; 93
    Stat. 102), provided an additional $100,000,000 for the Economic
    Support Fund for Turkey, ``to remain available until expended''.
    ---------------------------------------------------------------------------
        (c) Amounts appropriated under this section may be made
    available until expended.
        (d) Notwithstanding any assistance authorized for Turkey
    under this Act, it remains the policy of the United States that
    all foreign troops in Cyprus, except those stationed in Cyprus
    under the auspices of the United Nations, should be withdrawn
    from Cyprus.
        (e) It is the sense of the Congress that the recent
    announcement by the leaders of the Greek Cypriots and the
    Turkish Cypriots to resume intercommunal negotiations is an
    encouraging recognition by the parties that the human rights
    and fundamental freedoms of all the citizens of the Republic of
    Cyprus will be respected. The Congress urges all parties to the
    negotiations to demonstrate good faith in the negotiations and
    to move promptly toward a full, just, and lasting settlement.
        Sec. 28.\8\ Prohibition on Assistance to Panama * * *
    [Repealed--1981]
    ---------------------------------------------------------------------------
        \8\ Sec. 28, which had prohibited assistance to Panama during
    fiscal year 1980 (unless the President determined that such assistance
    was in the U.S. national interest), was repealed by sec. 734(a)(11) of
    the International Security and Development Cooperation Act of 1981
    (Public Law 97-113; 95 Stat. 1560). The President transmitted such a
    determination to Congress on December 28, 1979.
              y. International Development Cooperation Act of 1979

     Partial text of Public Law 96-53 [H.R. 3324], 93 Stat. 359, approved
     August 14, 1979, as amended by Public Law 96-465 [Foreign Service Act
    of 1980, H.R. 6790], 94 Stat. 2071 at 2162, approved October 17, 1980;
     Public Law 96-533 [International Security and Development Cooperation
     Act of 1980, H.R. 6942], 94 Stat. 3131 at 3148, approved December 16,
        1980; Public Law 97-113 [International Security and Development
      Cooperation Act of 1981, S. 1196], 95 Stat. 1519 at 1560, approved
    December 29, 1981; Public Law 98-164 [Department of State Authorization
      Act, Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat. 1017 at 1061,
    approved November 22, 1983; and by Public Law 105-277 [Foreign Affairs
      Reform and Restructuring Act of 1998 (division G); H.R. 4328], 112
                     Stat. 2681), approved October 21, 1998

              Note.--Except for the provisions noted below, the
            International Development Cooperation Act of 1979
            consists of amendments to the Foreign Assistance Act of
            1961, the International Development and Food Assistance
            Act of 1978, the International Development and Food
            Assistance Act of 1977, Public Law 480, Title 5 of the
            United States Code, and the Peace Corps Act. These
            amendments are incorporated into the texts of these
            Acts at the appropriate locations.

          AN ACT To authorize appropriations for fiscal year 1980 for
    international development and economic assistance programs and for the
                      Peace Corps, and for other purposes.

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

                                  SHORT TITLE

        Section 1. This Act may be cited as the ``International
    Development Cooperation Act of 1979''.

                        TITLE I--DEVELOPMENT ASSISTANCE

              * * * * * * *

                    INTERNATIONAL ORGANIZATIONS AND PROGRAMS

        Sec. 114. (a) * * *
        (b) Notwithstanding any other provision of law, funds
    appropriated for the fiscal year 1979 to meet the annual
    obligations of membership of the United States in the United
    Nations and its specialized agencies may be made available for
    the furnishing of technical assistance by the United Nations
    and its specialized agencies.
              * * * * * * *
        Sec. 124.\1\ Prohibition on Assistance to Panama * * *
    [Repealed--1981]
    ---------------------------------------------------------------------------
        \1\ Sec. 124, which had prohibited assistance for Panama during
    fiscal year 1980 unless the President determined that such aid was in
    the national interest, was repealed by sec. 734(a)(3) of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1560).
    ---------------------------------------------------------------------------

              ASSISTANCE TO LATIN AMERICAN AND CARIBBEAN COUNTRIES

        Sec. 125.\2\ It is the sense of the Congress that the
    United States should place greater emphasis on public and
    private resources for development programs in Latin America and
    the Caribbean which address problems common to the Western
    Hemisphere. It is further the sense of the Congress that
    provision of such assistance to Latin American and Caribbean
    countries, including transitional developing countries, is
    consistent with the purposes of part I of the Foreign
    Assistance Act of 1961.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

               INCREASED CONTRIBUTIONS FOR DEVELOPMENT ASSISTANCE

        Sec. 126.\2\ In recognition of the rapidly growing economic
    strength and ability to contribute to international development
    and security efforts of other nations, it is the sense of the
    Congress that the President should take all appropriate steps
    to negotiate with those nations with adequate financial
    resources to provide assistance to increase their contributions
    for development assistance through multilateral programs as
    well as through bilateral efforts.

                            TITLE II--FOOD FOR PEACE

              * * * * * * *

                             TITLE III--PEACE CORPS

              * * * * * * *

        TITLE IV--INSTITUTE FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION

                              STATEMENT OF POLICY

        Sec. 401.\3\ As declared by Congress in the Foreign
    Assistance Act of 1961, a principal objective of the foreign
    policy of the United States is the encouragement and sustained
    support of the people of developing countries in their efforts
    to acquire the knowledge and resources essential to development
    and to build the economic, political, and social institutions
    which will improve the quality of their lives. The Congress
    reaffirms the profound humanitarian and foreign policy concerns
    of the United States in the economic and social progress of the
    developing countries and in the alleviation of the worst
    physical manifestations of poverty in these countries.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 3501.
    ---------------------------------------------------------------------------
        In furtherance of that objective, the Congress recognizes
    that developing countries require extensive scientific and
    technological capacity in order to deal effectively with their
    development problems, relate to the industrialized nations, and
    constructively participate in the shaping of a stable world
    order.
        It is therefore in the mutual interest of the United States
    and the developing countries to increase scientific and
    technological cooperation and jointly to support long-term
    research on critical problems that impede development and limit
    the efficient use of the world's human, natural, and capital
    resources.

                  PURPOSES AND ESTABLISHMENT OF THE INSTITUTE

        Sec. 402.\4\ (a) To strengthen the capacity of the people
    of developing countries to solve their development problems
    through scientific and technological innovation, to foster
    research on problems of development, and to facilitate
    scientific and technological cooperation with developing
    countries, the President is authorized to establish an
    Institute for Scientific and Technological Cooperation
    (hereafter in this title referred to as the ``Institute''),
    which shall be subject to the foreign policy guidance of the
    Secretary of State.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 3502.
    ---------------------------------------------------------------------------
        (b) The Institute shall be guided by the policies set forth
    in sections 101 and 102 of the Foreign Assistance Act of 1961
    and shall direct a substantial share of its resources to those
    objectives.

                           FUNCTIONS OF THE INSTITUTE

        Sec. 403.\5\ (a) In carrying out its purposes, the
    Institute shall--
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 3503.
    ---------------------------------------------------------------------------
              (1) assist developing countries to strengthen their
            own scientific and technological capacity in order for
            them to undertake the research and experimentation
            necessary for development;
              (2) support research, in the United States and in
            developing countries, on critical development problems,
            with emphasis on research relating to technologies
            which are labor-intensive or which do not generate
            additional unemployment or underemployment and with
            emphasis on those problems which are the greatest
            impediment to improvement in the lives of the majority
            of the poor;
              (3) foster the exchange of scientists and other
            technological experts with developing countries, and
            other forms of exchange and communication to promote
            the joint solution of problems of mutual concern to the
            United States and developing countries;
              (4) advise and assist other agencies of the United
            States Government in planning and executing policies
            and programs of scientific and technological
            cooperation with developing countries;
              (5) facilitate the participation of private United
            States institutions, businesses, and individuals in
            scientific and technological cooperation with
            developing countries; and
              (6) gather, analyze, and disseminate information
            relevant to the scientific and technological needs of
            developing countries.
        (b) In carrying out the functions specified in subsection
    (a), the Institute shall take particular care to review all of
    its programs, projects, and other activities to ensure that
    technologies which are developed, utilized, or promoted are
    assessed with regard to minimizing any new problems and that
    participants in such programs, projects, and activities are
    fully aware of the need for such review with respect to any
    technology-related activities for which they are responsible.
        (c) For purposes of carrying out the functions of the
    Institute, the President may utilize, in addition to
    authorities conferred by this title, such authority contained
    in the Foreign Assistance Act of 1961, the Foreign Service Act
    of 1980,\6\ title V of the Foreign Relations Authorization Act,
    Fiscal Year 1979, and title IV of the International Development
    and Food Assistance Act of 1978, as the President deems
    necessary.
    ---------------------------------------------------------------------------
        \6\ This reference to the Foreign Service Act of 1980 was inserted
    in lieu of a reference to the Foreign Service Act of 1946 by sec.
    2206(11) of Public Law 96-465 (94 Stat. 2162).
    ---------------------------------------------------------------------------
        (d) The Institute shall carry out its functions in
    consultation and cooperation with the agencies of the United
    States Government, international organizations, and agencies of
    other governments engaged in promoting economic, social, and
    technological development in developing countries.
        (e) The President shall prescribe appropriate procedures to
    assure coordination of the activities of the Institute with
    other activities of the United States Government in furthering
    the use of science and technology in the cause of development.

                              GENERAL AUTHORITIES

        Sec. 404.\7\ (a) To carry out the purposes and functions of
    the Institute, the President may--
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 3504.
    ---------------------------------------------------------------------------
              (1) make and perform contracts and other agreements
            with any individual, institution, corporation, or other
            body of persons however designated, within or outside
            the United States, and with governments or government
            agencies, domestic or foreign;
              (2) make advances, grants, and loans to any
            individual, institution, corporation, or other body of
            persons however designated, within or outside the
            United States, and to governments or government
            agencies, domestic or foreign;
              (3) employ such personnel as necessary and fix their
            compensation;
              (4) make provision for compensation, transportation,
            housing, subsistence (or per diem in lieu thereof), and
            health care or health and accident insurance for
            foreign nationals engaged in activities authorized by
            this title while they are away from their homes,
            without regard to the provisions of any other law;
              (5) accept and use money, funds, property, and
            services of any kind by gift, devise, bequest, grant,
            or otherwise in furtherance of the purposes of the
            Institute;
              (6) acquire by purchase, lease, loan, bequest, or
            gift and hold and dispose of by sale, lease, loan, or
            grant, real and personal property of all kinds;
              (7) prescribe, amend, and repeal such rules and
            regulations as may be necessary to the conduct of the
            business of the Institute;
              (8) utilize information, services, facilities,
            officers, and employees of any agency of the United
            States Government;
              (9) establish a principal office in the United States
            and such other offices within or outside the United
            States, as may be necessary;
              (10) make such expenditures as may be necessary for
            administering the provisions of this title;
              (11) adopt, alter, and use an official seal for the
            Institute, which shall be judicially noticed; and
              (12) take such other actions as may be necessary and
            incidental to carrying out the functions of the
            Institute.
        (b) Any authority provided by this section involving the
    expenditures of appropriated funds shall be effective for a
    fiscal year only to such extent or in such amounts as are
    provided in appropriation Acts.

                           DIRECTOR OF THE INSTITUTE

        Sec. 405.\8\ (a) There shall be a Director of the Institute
    (hereafter in this title referred to as the ``Director'') who
    shall be the chief executive officer of the Institute. The
    Director shall be appointed by the President, by and with the
    advice and consent of the Senate, and shall receive
    compensation at the rate payable for level III of the Executive
    Schedule under section 5314 of title 5 of the United States
    Code.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 3505.
    ---------------------------------------------------------------------------
        (b) The President may exercise any authorities conferred
    upon him by this title through the Director or any other agency
    or officer of the United States Government as he shall direct.
    The Director or head of any such agency or any such officer may
    delegate to any of his subordinates authority to perform any of
    such functions.

                  DEPUTY DIRECTOR AND OTHER STATUTORY OFFICERS

        Sec. 406.\9\ (a) A Deputy Director of the Institute shall
    be appointed by the President, by and with the advice and
    consent of the Senate. The Deputy Director shall receive
    compensation at the rate payable for level IV of the Executive
    Schedule under section 5315 of title 5 of the United States
    Code.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 3506.
    ---------------------------------------------------------------------------
        (b) The Deputy Director shall perform such duties and
    exercise such powers as the Director may prescribe.
        (c) The President may establish up to two additional
    positions in the Institute to be compensated at the rate
    payable for level V of the Executive Schedule under section
    5316 of title 5 of the United States Code.

       COUNCIL ON INTERNATIONAL SCIENTIFIC AND TECHNOLOGICAL COOPERATION

        Sec. 407.\10\ (a) In order to further the purposes of the
    Institute, the President is authorized to establish a Council
    on International Scientific and Technological Cooperation
    (hereafter in this title referred to as the ``Council'').
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 3507.
    ---------------------------------------------------------------------------
        (b)(1) The Council shall--
              (A) advise the Director with respect to the policies,
            programs, planning, and procedures of the Institute;
              (B) make recommendations to the Director on the use
            of the resources available to the Institute; and
              (C) advise the Director on matters involving the
            activities of the Institute overseas and appropriate
            relationship with the private sector, within and
            outside the United States.
        (2) The Council shall prepare an annual report setting
    forth the major recommendations made and advice given pursuant
    to paragraph (1) of this subsection.
        (c) The Director shall seek the advice of the Council
    before making any decision with respect to the selection or
    termination of, or any significant change in, the areas and
    issues in which the Institute conducts its activities, and with
    respect to the transfer of specific programs and projects from
    any other Government agency to the Institute. The Council shall
    have the authority to review all new programs and initiatives
    before their implementation and to make recommendations with
    regard to the approval or disapproval of new programs and
    initiatives having a cost in excess of $500,000 or a duration
    greater than two years.
        (d) The Council shall consist of up to twenty-five members
    appointed by the President, one of whom the President shall
    designate as Chairman. The members of the Council shall be
    appointed for terms of four years, except that the members
    first appointed shall be appointed for terms of one, two,
    three, or four years, as designated by the President at the
    time of their appointment, so that the terms of approximately
    one-fourth of the members of the Council expire in any year.
    The members of the Council shall be selected from among--
              (1) citizens of the United States who are widely
            recognized for their broad knowledge of, or expertise
            in, science and technology, or their interest in the
            scientific and technological problems of developing
            countries;
              (2) citizens of foreign countries who by their
            knowledge and expertise are capable of providing advice
            and guidance to the Institute on the application of
            science and technology to the problems of developing
            countries, except that not more than one-third of the
            membership of the Council shall consist of members who
            are citizens of foreign countries; and
              (3) officials of the United States Government, except
            that not to exceed five members of the Council may be
            appointed under this paragraph, one of whom shall be
            the Secretary of State or his designee.
        (e) Members of the Council who are not officials of the
    United States Government shall be entitled to compensation, not
    to exceed the daily equivalent of the highest rate which may be
    paid to an employee under the General Schedule established by
    section 5332 of title 5 of the United States Code, while in the
    performance of their duties under this title, and to
    reimbursement for expenses and per diem in lieu of subsistence
    while away from their homes or regular places of business in
    the same manner as persons employed intermittently in
    Government service are allowed expenses under section 5703 of
    title 5 of the United States Code. Members of the Council who
    are not officials of the United States Government shall not be
    deemed officers, employees, or otherwise in the service or
    employment of the United States Government for any purpose,
    except that members of the Council who are United States
    citizens shall be deemed Government employees for the purposes
    of sections 202, 203, 205, 207, 208, and 209 of title 18 of the
    United States Code.
        (f) The Council may appoint from among its members an
    Executive Committee, and such other committees it deems
    necessary, to assist it in exercising its powers and functions.
    The Executive Committee shall consist of seven members, one of
    whom shall be the Chairman of the Council and not more than
    three of whom shall be employees of the United States
    Government. The Executive Committee shall exercise such powers
    and functions as are delegated to it by the Council.

                             INSTITUTE FELLOWSHIPS

        Sec. 408.\11\ (a) The President is authorized to award up
    to twenty fellowships annually for periods up to two years,
    such awards to be renewable for an additional period not to
    exceed two years, to individuals who have demonstrated
    exceptional competence and ability in the fields of scientific,
    technological, economic, or social endeavor selected by the
    Institute for concentration. The awards shall be made so as to
    encompass a wide diversity of disciplines and backgrounds, and
    shall be made on the basis of criteria established by the
    President upon the advice of the Council. Up to ten of the
    awards in any year may be made to citizens of countries other
    than the United States. Individuals awarded fellowships shall
    be designated as Institute Fellows.
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 3508.
    ---------------------------------------------------------------------------
        (b) The President may assign Institute Fellows to undertake
    such activities, in the United States or abroad, as will
    further the purposes of the Institute.
        (c) The amount of the awards made pursuant to this section
    shall be established by the President, but shall not in any
    case exceed the highest rate which may be paid to an employee
    under the General Schedule established by section 5332 of title
    5 of the United States Code. In addition, where appropriate,
    the President may make provisions for transportation, housing
    (when assigned outside country of residence), subsistence (or
    per diem in lieu thereof), and health care or health or
    accident insurance for Institute Fellows and their dependents
    while engaged in activities authorized by this title.
        (d) Except as provided otherwise in this section, Institute
    Fellows shall not be deemed employees or otherwise in the
    service or employment of the United States Government.
    Institute Fellows shall be considered employees for purposes of
    compensation of injuries under chapter 81 of title 5 of the
    United States Code and the tort claim provisions of chapter 171
    of title 28 of the United States Code. In addition, Institute
    Fellows who are United States citizens shall be considered
    Government employees for purposes of sections 202, 203, 205,
    207, 208, and 209 of title 18 of the United States Code.
        (e) Alien participants in any program of the Institute,
    including Institute Fellows and their dependents, may be
    admitted to the United States, if otherwise qualified as non-
    immigrants under section 101(a)(15) of the Immigration and
    Nationality Act, for such time and under such conditions as may
    be prescribed by regulations promulgated by the Secretary of
    State and the Attorney General.

                              CONFLICT OF INTEREST

        Sec. 409.\12\ Members of the Council and Institute Fellows
    shall avoid any action, in their activities with respect to the
    Institute, which might result in, or create the appearance of,
    a conflict of interest, including but not limited to--
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 3509.
    ---------------------------------------------------------------------------
              (1) using their office or position for private gain;
              (2) giving preferential treatment to any person;
              (3) making recommendations or decisions relating to
            any activity authorized by this title in other than an
            impartial and independent manner;
              (4) misusing Government property or official
            information obtained through their office or position
            which has not been made available to the general
            public; or
              (5) affecting adversely the confidence of the public
            in the integrity of the Institute.

                        AUTHORIZATION OF APPROPRIATIONS

        Sec. 410.\13\ There are authorized to be appropriated to
    the President to carry out this title, in addition to funds
    otherwise available for such purpose, $12,000,000 for the
    fiscal year 1981.\14\ Funds appropriated under this section are
    authorized to remain available until expended.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 3510.
        \14\ The authorization figure for fiscal year 1981 was added by
    sec. 312 of the International Security and Development Cooperation Act
    of 1980 (Public Law 96-533; 94 Stat. 3148). The authorization for
    fiscal year 1980 was $23,750,000. However, these funds were never
    appropriated.
    ---------------------------------------------------------------------------
        Sec. 411.\15\ Annual Report * * * [Repealed--1983]
    ---------------------------------------------------------------------------
        \15\ Sec. 411, which had required an annual report to Congress
    regarding the operations of the Institute, was repealed by sec.
    1011(a)(6) of the Department of State Authorization Act, Fiscal Years
    1984 and 1985 (Public Law 98-164; 97 Stat. 1061).
    ---------------------------------------------------------------------------

                             CONFORMING AMENDMENTS

        Sec. 412. (a) Section 5314 of title 5 of the United States
    Code, relating to level III of the Executive Schedule, is
    amended by adding at the end thereof the following:
              ``(70) Director, Institute for Scientific and
            Technological Cooperation.''
        (b) Section 5315 of title 5 of the United States Code,
    relating to level IV of the Executive Schedule, is amended by
    adding at the end thereof the following:
              ``(128) Deputy Director, Institute for Scientific and
            Technological Cooperation.''.
        (c) Section 5316 of title 5 of the United States Code,
    relating to level V of the Executive Schedule, is amended by
    adding at the end thereof the following:
              ``(152) Additional officers, Institute for Scientific
            and Technological Cooperation (2).''.
        Sec. 413.\16\ Establishment in International Development
    Cooperation Agency * * * [Repealed--1998]
    ---------------------------------------------------------------------------
        \16\ Formerly at 22 U.S.C. 3512. The International Development
    Cooperation Agency was established by sec. 1-101 of Executive Order
    12163, effective Oct. 1, 1979. That section, and the Reorganization
    Plan Numbered 2 of 1979 referred to in former sec. 413, were repealed
    by sec. 1422(a) of the Foreign Affairs Reform and Restructuring Act of
    1998 (division G of Public Law 105-277; 112 Stat. 2681). Sec. 413
    formerly provided as follows:
        ``Sec. 413. Upon the establishment of the United States
    International Development Cooperation Agency pursuant to Reorganization
    Plan Numbered 2 of 1979, the Institute shall be established within such
    Agency.''.
    ---------------------------------------------------------------------------

                           EXPIRATION OF AUTHORITIES

        Sec. 414.\17\ The authorities contained in this title shall
    expire on September 30, 1984.
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 3513.
    ---------------------------------------------------------------------------

                       TITLE V--MISCELLANEOUS PROVISIONS

       EARMARKING FOR LEBANON OF UNOBLIGATED BALANCES IN THE MIDDLE EAST
                           SPECIAL REQUIREMENTS FUND

        Sec. 501. Of the funds continued available for the fiscal
    year 1979 for the Middle East Special Requirements Fund by
    section 103 of the Foreign Assistance and Related Programs
    Appropriations Act, 1979, which are unobligated on the date of
    enactment of this Act, $5,000,000 shall be available only for
    Lebanon and may hereafter be continued available only for such
    country.

                          MILITARY ASSISTANCE TO SUDAN

        Sec. 502.\18\ In addition to the amount authorized to be
    appropriated for grant military assistance for the fiscal year
    1980 by section 504(a)(1) of the Foreign Assistance Act of
    1961, there is authorized to be appropriated to carry out the
    purposes of chapter 2 of part II of that Act for the fiscal
    year 1980 $1,700,000. Not more than $1,700,000 of the funds
    available to carry out that chapter for the fiscal year 1980
    may be allocated and made available for assistance for Sudan.
    For purposes of the last sentence of section 504(a)(1) and for
    purposes of section 515(b)(1) of the Foreign Assistance Act of
    1961, this section shall be deemed to be part of such section
    504(a)(1).
    ---------------------------------------------------------------------------
        \18\ 22 U.S.C. 2312 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                              human rights reports

        Sec. 504. (a) * * *
        (b) \19\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \19\ Subsec. (b), which had required a report from the Secretary of
    State on the impact on U.S. foreign relations of the human rights
    reports required by the Foreign Assistance Act of 1961, was repealed by
    sec. 734(a)(3) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). The
    Secretary of State submitted this report to Congress on November 15,
    1979.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 506.\20\ Prohibition on Assistance to Vietnam,
    Cambodia, and Cuba * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \20\ Sec. 506, which had prohibited aid to Vietnam, Cambodia, and
    Cuba during fiscal year 1980, was repealed by sec. 734(a)(3) of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1560).
    ---------------------------------------------------------------------------

                      NONPROLIFERATION OF NUCLEAR WEAPONS

        Sec. 507.\21\ (a) In accordance with the Nuclear Non-
    Proliferation Act of 1978, the Congress strongly urges all
    nations which are not parties to the Treaty on Non-
    Proliferation of Nuclear Weapons to become parties to that
    treaty.
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 3201 note.
    ---------------------------------------------------------------------------
        (b) \22\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \22\ Subsec. (b), which had required a report from the Secretary of
    State specifying what efforts the Department of State had made to
    encourage nations which are not parties to the Treaty on
    Nonproliferation of Nuclear Weapons to become parties to such treaty,
    was repealed by sec. 734(a)(3) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    The Secretary of State submitted this report to Congress on November
    19, 1979.
    ---------------------------------------------------------------------------

                          ACCELERATED LOAN REPAYMENTS

        Sec. 508. (a) * * *
        (b) \23\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \23\ Subsec. (b), which had required that the annual reports on
    foreign assistance submitted to Congress in 1980 and 1981 describe the
    efforts made to negotiate accelerated loan repayments, was repealed by
    sec. 734(a)(3) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    ---------------------------------------------------------------------------

                        REFUGEE CRISIS IN SOUTHEAST ASIA

        Sec. 509. (a)(1) The refugee crisis in Indochina is
    unfolding as one of the great human tragedies of our time.
        (2) At least seven hundred and fifty thousand human beings
    have fled Vietnam, Kampuchea, and Laos since the spring of
    1975.
        (3) Approximately three hundred thousand human beings
    currently remain in refugee camps throughout Southeast Asia.
        (4) As many as two hundred and fifty thousand human beings
    may have perished in their attempts to reach freedom and many
    thousands more face death should the present situation
    continue.
        (5) The international borders are closing to the refugees
    fleeing from Indochina.
        (6) The international community has failed to respond
    adequately to the crisis, despite the existence of adequate
    mechanisms to respond.
        (b) It is the sense of the Congress that the President
    should continue to support the efforts of the Secretary General
    of the United Nations to use appropriate fora to deal with the
    refugee crisis in Southeast Asia.
        (c) \24\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \24\ Subsec. (c), which had required periodic reports from the
    President on the prospects for permanent resettlement of Indochinese
    refugees so that no disruption of the economy of a host country would
    result, was repealed by sec. 734(a)(3) of the International Security
    and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat.
    1560).
    ---------------------------------------------------------------------------

                            CERTAIN TRAVEL EXPENSES

        Sec. 510. Section 5924(4)(B) of title 5, United States
    Code,\25\ is amended by striking out ``one annual trip each way
    for each dependent of an employee of the Department of State or
    the United States Information Agency, or'' and inserting in
    lieu thereof ``(i) in the case of dependents traveling to
    obtain secondary education, one annual trip, or in the case of
    dependents traveling to obtain undergraduate college education,
    two annual trips, each way for each dependent of an employee of
    the Department of State, of the International Communication
    Agency, or of the Agency for International Development, or
    (ii)''.
    ---------------------------------------------------------------------------
        \25\ Sec. 5924 of title 5, U.S.C., provides for certain costs of
    living allowances for U.S. Government employees living in a foreign
    area.
    ---------------------------------------------------------------------------
              * * * * * * *

                                EFFECTIVE DATES

        Sec. 512. (a) Except as provided in subsection (b) of this
    section and in section 503(b), this Act shall take effect on
    October 1, 1979.
        (b) Sections 114(b), 123, 501, and 509 of this Act shall
    take effect on the date of enactment of this Act.
          z. International Development and Food Assistance Act of 1978

    Partial text of Public Law 95-424 [H.R. 12222], 92 Stat. 937, approved
        October 6, 1978, as amended by Public Law 96-53 [International
     Development Cooperation Act of 1979, H.R. 3324], 93 Stat. 359 at 378,
      approved August 14, 1979; Public Law 96-67 [S. 1019], 93 Stat. 415,
     approved September 21, 1979; and by Public Law 97-113 [International
     Security and Development Cooperation Act of 1981, S. 1196], 95 Stat.
                    1519 at 1560, approved December 29, 1981

              Note.--Except for the provisions noted below, the
            International Development and Food Assistance Act of
            1978 consists of amendments to the Foreign Assistance
            Act of 1961 and the Agricultural Trade Development and
            Assistance Act of 1954 (Public Law 480).

        AN ACT To amend the Foreign Assistance Act of 1961 to authorize
     development and economic assistance programs for fiscal year 1979, to
          make certain changes in the authorities of that Act and the
     Agricultural Trade Development and Assistance Act of 1954, to improve
       the coordination and administration of United States development-
             related policies and programs, and for other purposes.

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

                                  SHORT TITLE

        Section 1. This Act may be cited as the ``International
    Development and Food Assistance Act of 1978''.

                        TITLE I--DEVELOPMENT ASSISTANCE

              * * * * * * *

                    INTERNATIONAL ORGANIZATIONS AND PROGRAMS

        Sec. 117.--(a) * * *
        (b)(1) * * *
        (2) \1\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \1\ Par. (2), which had required a report from the Secretary of
    State on the progress made by the UNRWA to improve the ration
    distribution system for Palestine refugees, was repealed by sec.
    734(a)(3) of the International Security and Development Cooperation Act
    of 1981 (Public Law 97-113; 95 Stat. 1560). The Secretary of State
    submitted this report to Congress on February 5, 1979.
    ---------------------------------------------------------------------------
        (c) * * *
        (d) * * *
        (e) \2\ In addition to amounts otherwise available for such
    purpose, there are authorized to be appropriated to the
    President not to exceed $1,000,000 for contributions to the
    World Assembly on Aging to be convened under the auspices of
    the United Nations, except that the amount so contributed may
    not exceed 25 percent of the expenditures of such Assembly.
    Amounts appropriated under this subsection are authorized to
    remain available until expended.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2222 note. See also sec. 302(a)(1) of the FA Act of
    1961.
    ---------------------------------------------------------------------------
              * * * * * * *

                        LOCUST PLAGUES CONTROL IN AFRICA

        Sec. 120.\3\ In order to assist in attempts to control
    locust plagues in Africa, especially in the Horn of Africa,
    there is authorized to be appropriated to the President, in
    addition to amounts otherwise authorized for disaster relief
    purposes, $2,000,000, which amount is authorized to remain
    available until expended.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2292d.
    ---------------------------------------------------------------------------
              * * * * * * *

                         AFRICAN DEVELOPMENT FOUNDATION

        Sec. 122.\4\ (a) The Congress declares that the United
    States should place higher priority on the formulation and
    implementation of policies and programs to enable the people of
    African nations to develop their potential, fulfill their
    aspirations, and enjoy better, more productive lives. In
    furtherance of these objectives, the Congress finds that
    additional support is needed for community-based self-help
    activities in Africa and that an African Development
    Foundation, organized to further the purposes set forth in
    section 123 of the Foreign Assistance Act of 1961, can
    complement current United States development programs in
    Africa.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 2151u note.
    ---------------------------------------------------------------------------
        (b) \5\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \5\ Subsec. (b), which had required a report from the President on
    proposals for an African Development Foundation, was repealed by sec.
    734(a)(3) of the International Security and Development Cooperation Act
    of 1981 (Public Law 97-113; 95 Stat. 1560). The President submitted
    this report to Congress on February 1, 1979.
    ---------------------------------------------------------------------------

                            TITLE II--FOOD FOR PEACE

        Sec. 201.\6\ Effectiveness of Food Assistance in Meeting
    Basic Food Needs * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \6\ Sec. 201, which had required a report from the President on the
    effectiveness of food assistance under Public Law 480 in meeting basic
    human needs, was repealed by sec. 734(a)(3) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1560). The President submitted this report to Congress on
    February 23, 1979.
    ---------------------------------------------------------------------------

     TITLE III--COORDINATION AND ADMINISTRATION OF THE DEVELOPMENT-RELATED
                   PROGRAMS AND POLICIES OF THE UNITED STATES

                           DECLARATION OF OBJECTIVES

        Sec. 301.\7\ The Congress declares that the United States
    Government should place higher priority, in the formulation and
    implementation of governmental policies, on efforts to help
    meet the legitimate needs of poor countries for improving the
    quality of the lives of their populations. The Congress also
    declares that greater effectiveness and efficiency of United
    States assistance to such countries can be achieved through
    improved coordination and administrative consolidation.
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

                          IMPLEMENTATION OF OBJECTIVES

        Sec. 302.\7\ In furtherance of the objectives set forth in
    section 301 the Congress directs the President to institute a
    strengthened system of coordination of all United States
    economic policies which impact on the developing countries of
    the world, including but not limited to policies concerning
    international trade, commodity agreements, investment, debt,
    international financial institutions, international and
    multilateral development agencies and programs, and
    concessional and grant food assistance, in addition to policies
    concerning United States bilateral economic development
    assistance.
        Sec. 303.\8\ Report * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \8\ Sec. 303, which had required a report from the President on
    steps he has taken to implement this title, was repealed by sec.
    734(a)(3) of the International Security and Development Cooperation Act
    of 1981 (Public Law 97-113; 95 Stat. 1560). The President submitted
    this report to Congress on March 8, 1979.
    ---------------------------------------------------------------------------

                       TITLE IV--UNIFIED PERSONNEL SYSTEM

                  ESTABLISHMENT OF A UNIFIED PERSONNEL SYSTEM

        Sec. 401.\9\ (a) Not later than May 1, 1979,\10\ the
    President shall submit to the Congress, and publish in the
    Federal Register, regulations establishing a unified personnel
    system for all employees of the agency primarily responsible
    for administering part I of the Foreign Assistance Act of 1961.
    In preparing such regulations, the President shall keep the
    appropriate committees of the Congress fully and currently
    informed, and shall consult with them on a regular basis,
    concerning the nature of the unified personnel system to be
    established.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 2385a.
        \10\ The due date for this report was extended from March 15, 1979,
    by sec. 503 of the International Development Cooperation Act of 1979
    (Public Law 96-53; 93 Stat. 378), effective March 15, 1979.
    ---------------------------------------------------------------------------
        (b) The regulations submitted to the Congress pursuant to
    subsection (a)--
              (1) may not become effective until after the end of
            the 90-day period beginning on the date of such
            submission in order to provide the appropriate
            committees of the Congress an opportunity to review
            them; and
              (2) shall not become effective then if, during such
            90-day period, either House of Congress adopts a
            resolution stating in substance that it disapproves the
            personnel system proposed to be established by the
            regulations.
        (c) Regulations which take effect pursuant to this section
    shall have the force and effect of law and shall apply with
    respect to the personnel of the agency primarily responsible
    for administering part I of the Foreign Assistance Act of 1961,
    notwithstanding any inconsistent provision of law unless that
    provision of law specifically states that it supersedes
    regulations issued under this section.
              * * * * * * *

                       TITLE VI--MISCELLANEOUS PROVISIONS

                           REDUCTION OF AUTHORIZATION

        Sec. 601.\11\ The total funds authorized to be appropriated
    in this Act (excluding funds authorized to be appropriated to
    carry out section 214 of the Foreign Assistance Act of 1961)
    shall be reduced by 5 percent.
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

         PROHIBITION ON ASSISTANCE TO VIETNAM, CAMBODIA, AND CUBA \12\

        Sec. 602.\11\ Notwithstanding any other provision of law or
    of this Act, funds authorized to be appropriated in this Act
    shall not be used for any form of aid, either by monetary
    payment or by the sale or transfer of any goods of any nature,
    to the Socialist Republic of Vietnam, Cambodia, or Cuba.
    ---------------------------------------------------------------------------
        \12\ Uganda was struck from the section heading and from the list
    of countries in sec. 602 by Public Law 96-67 (93 Stat. 415).
    ---------------------------------------------------------------------------
        Sec. 603.\13\ (a)(1) \14\ Reports to Congress on Debt
    Relief Agreements * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 2395a. See also sec. 501 of Miscellaneous
    Appropriations (H.R. 3425 enacted by reference in sec. 1000(a)(5) of
    Public Law 106-113; 113 Stat. 1535), which stated actions to provide
    international debt relief.
        \14\ Par. (1), which had required that the Secretary of State keep
    several congressional committees informed of negotiations with foreign
    governments with respect to any cancellation, renegotiations,
    rescheduling, compromise, or other form of debt relief for any debt
    owed to the United States, was repealed by sec. 734(a)(5) of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1560.).
    ---------------------------------------------------------------------------
        (2) The Secretary of State shall transmit to such
    committees a copy of the text of any agreement with any foreign
    government which would result in any such debt relief no less
    than thirty days prior to its entry into force, together with a
    detailed justification of the interest of the United States in
    the proposed debt relief. The requirements of this paragraph
    shall not apply with respect to an agreement if a statutory
    requirement exists that the amount of the debt relief provided
    by the agreement may not exceed the amount approved for such
    purposes in advance in an appropriation Act.
        (b) Section 4 of the Foreign Disaster Assistance Act of
    1974 is repealed.

                             MISCELLANEOUS REPEALS

        Sec. 604. Sections 302(d), 302(e), 302(f), 302(g), 302(h),
    304, 494A, 495A, 618, 619, 637(a), 649, 651, 655, 656, 658, and
    665, and chapters 6 and 7 of part I, of the Foreign Assistance
    Act of 1961 are repealed.

                                 EFFECTIVE DATE

        Sec. 605. The amendments made by this Act shall take effect
    on October 1, 1978.
               aa. International Security Assistance Act of 1978

      Partial text of Public Law 95-384 [S. 3075], 92 Stat. 730, approved
      September 26, 1978, as amended by Public Law 97-113 [International
     Security and Development Cooperation Act of 1981, S. 1196], 95 Stat.
      1519 at 1560, approved December 29, 1981; and by Public Law 103-199
    [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 17, 1993

              Note.--Except for the provisions noted below, the
            International Security Assistance Act of 1978 consists
            of amendments to the Arms Export Control Act, the
            Foreign Assistance Act of 1961, the Foreign Assistance
            Act of 1974, the International Security Assistance Act
            of 1977, the International Security Assistance and Arms
            Export Control Act of 1976, the Mutual Security Act of
            1954, the Foreign Military Sales Act Amendments, 1971,
            the Export Administration Act of 1969, and the
            Emergency Security Assistance Act of 1973.

    AN ACT To amend the Foreign Assistance Act of 1961 and the Arms Export
    Control Act to authorize international security assistance programs for
                   fiscal year 1979, and for other purposes.

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

                                  SHORT TITLE

        Section 1. This Act may be cited as the ``International
    Security Assistance Act of 1978''.
              * * * * * * *

            UNITED STATES POLICY REGARDING THE EASTERN MEDITERRANEAN

        Sec. 13.\1\ (a) Section 620(x) of the Foreign Assistance
    Act of 1961 shall be of no further force and effect upon the
    President's determination and certification to the Congress \2\
    that the resumption of full military cooperation with Turkey is
    in the national interest of the United States and in the
    interest of the North Atlantic Treaty Organization and that the
    Government of Turkey is acting in good faith to achieve a just
    and peaceful settlement of the Cyprus problem, the early
    peaceable return of refugees to their homes and properties, and
    continued removal of Turkish military troops from Cyprus in the
    context of a solution to the Cyprus problem, and the early
    serious resumption of inter-communal talks aimed at a just,
    negotiated settlement.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2370 note.
        \2\ Such determination and certification, dated September 26, 1978,
    was submitted to the Congress.
    ---------------------------------------------------------------------------
              * * * * * * *

                              ARMS TRANSFER POLICY

        Sec. 15. (a) * * *
        (b) \3\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \3\ Subsec. (b), which had required a report from the President
    concerning multilateral discussions with other arms suppliers on the
    issue of restraining the flow of conventional arms to developing
    countries, was repealed by sec. 734(a)(12) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1560). The President submitted this report to Congress on
    December 28, 1979.
    ---------------------------------------------------------------------------
              * * * * * * *

    SPECIAL SECURITY ASSISTANCE PROGRAM FOR THE MODERNIZATION OF THE ARMED
                        FORCES OF THE REPUBLIC OF KOREA

        Sec. 23.\4\ (a)(1) The President is authorized until
    December 31, 1982--
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 2428b.
    ---------------------------------------------------------------------------
              (A) to transfer, without reimbursement, to the
            Republic of Korea, only in conjunction with the
            withdrawal of the 2d Infantry Division and support
            forces from Korea, such United States Government-owned
            defense articles as he may determine which are located
            in Korea in the custody of units of the United States
            Army scheduled to depart from Korea; and
              (B) to furnish to the Republic of Korea, without
            reimbursement, defense services (including technical
            and operational training) in Korea directly related to
            the United States Government-owned defense articles
            transferred to the Republic of Korea under this
            subsection.
        (2) Any transfer under the authority of this section shall
    be made in accordance with all the terms and conditions of the
    Foreign Assistance Act of 1961 applicable to the furnishing of
    defense articles and defense services under chapter 2 of part
    II of that Act, except that no funds heretofore or hereafter
    appropriated under that Act shall be available to reimburse any
    agency of the United States Government for any such transfer or
    related services.
        (b) In order that transfers of defense articles under
    subsection (a) will not cause significant adverse impact on the
    readiness of the Armed Forces of the United States, the
    President is authorized, in lieu of such transfers, to transfer
    additional defense articles from the stocks of the Department
    of Defense, wherever located, to the Republic of Korea to
    compensate for the military capability of defense articles
    withdrawn from Korea in any case where he determines that--
              (1) the transfer of specific defense articles located
            in Korea would have a significant adverse impact on the
            readiness of the United States Armed Forces;
              (2) the defense capability provided by those defense
            articles is needed by the Armed Forces of the Republic
            of Korea in order to maintain the military balance on
            the Korean peninsula; and
              (3) a comparable defense capability could be provided
            by less advance defense articles in the stocks of the
            Department of Defense which could be transferred
            without significant adverse impact on the readiness of
            the United States Armed Forces.
    The President shall report to the Congress each determination
    made under this subsection prior to the transfer of the defense
    articles described in such determination.
        (c) The President shall transmit to the Congress, together
    with the presentation materials for security assistance
    programs proposed for each fiscal year through and including
    the fiscal year 1983, a report describing the types,
    quantities, and value of defense articles furnished or intended
    to be furnished to the Republic of Korea under this section.
        (d) \5\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \5\ Subsec. (d), which had required a report from the President 120
    days prior to each phase of troop withdrawal from Korea regarding the
    viability of such withdrawal, was repealed by sec. 734(a)(12) of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1560).
    ---------------------------------------------------------------------------
        (e)(1) It is the sense of the Congress that further
    withdrawal of ground forces of the United States from the
    Republic of Korea may seriously risk upsetting the military
    balance in that region and requires full advance consultation
    with the Congress.
        (2) \6\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \6\ Par. (2), which had required a report from the President prior
    to any future withdrawals of U.S. ground forces from Korea concerning a
    number of issues which might be affected by the withdrawal, was
    repealed by sec. 734(a)(12) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    ---------------------------------------------------------------------------
        Sec. 24.\7\ United States Relations With the Soviet Union *
    * * [Repealed--1993]
    ---------------------------------------------------------------------------
        \7\ Formerly at 22 U.S.C. 2151 note. Sec. 706 of the FRIENDSHIP Act
    (Public Law 103-199; 107 Stat. 2317) repealed sec. 24.
        Subsec. (c), which had required a report from the President
    concerning his review of U.S. policy toward the Soviet Union as
    outlined in subsec. (b), was repealed by sec. 734(a)(12) of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1560). The President submitted this report on
    January 4, 1979.
    ---------------------------------------------------------------------------
        Sec. 25.\8\ Report on Review of Arms Sales Controls on Non-
    Lethal Items * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \8\ Sec. 25, which had required a report from the President on a
    review of arms sales control on non-lethal items, was repealed by sec.
    734(a)(12) of the International Security and Development Cooperation
    Act of 1981 (Public Law 97-113; 95 Stat. 1560). The President submitted
    this report to Congress on January 26, 1979.
    ---------------------------------------------------------------------------

             UNITED STATES-REPUBLIC OF CHINA MUTUAL DEFENSE TREATY

        Sec. 26.\7\ (a) The Congress finds that--
              (1) the continued security and stability of East Asia
            is a matter of major strategic interest to the United
            States;
              (2) the United States and the Republic of China have
            for a period of twenty-four years been linked together
            by the Mutual Defense Treaty of 1954;
              (3) the Republic of China has during that twenty-
            four-year period faithfully and continually carried out
            its duties and obligations under that treaty; and
              (4) it is the responsibility of the Senate to give
            its advice and consent to treaties entered into by the
            United States.
        (b) It is the sense of the Congress that there should be
    prior consultation between the Congress and the executive
    branch on any proposed policy changes affecting the
    continuation in force of the Mutual Defense Treaty of 1954.\9\
    ---------------------------------------------------------------------------
        \9\ Pursuant to article X of the treaty, the State Department on
    December 23, 1978, delivered notice, effective January 1, 1979, that
    the United States was terminating the treaty. Under article X, the
    treaty remained in force until January 1, 1980.
    ---------------------------------------------------------------------------
        Sec. 27.\10\ Rhodesia Embargo * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \10\ Sec. 27 was repealed by sec. 734(a)(12) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1560). It formerly read as follows:
        ``Sec. 27. In furtherance of the foreign policy interests of the
    United States, the Government of the United States shall not enforce
    sanctions against Rhodesia after December 31, 1978, provided that the
    President determines that--
        ``(1) the Government of Rhodesia has demonstrated its willingness
    to negotiate in good faith at an all-parties conference, held under
    international auspices, on all relevant issues; and
        ``(2) a government has been installed, chosen by free elections in
    which all political and population groups have been allowed to
    participate freely, with observation by impartial, internationally-
    recognized observers.''
    ---------------------------------------------------------------------------

                     NEGOTIATIONS BETWEEN ISRAEL AND EGYPT

        Sec. 28.\11\ (a) The Congress finds that--
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 2346a note.
    ---------------------------------------------------------------------------
              (1) a lasting settlement of the Arab-Israel conflict
            is vital to United States national interests as well as
            to the interests of the countries of the region;
              (2) support for a strong and secure Israel and the
            maintenance for this purpose of Israel's effective
            defense capabilities as essential to peace remains a
            fundamental tenet of United States foreign policy;
              (3) direct, face-to-face negotiations between Israel
            and Egypt without preconditions is a historic opening
            for peace, and the support of such negotiations by
            other moderate Arab countries, can best promote a peace
            settlement based on mutual concessions and
            accommodations;
              (4) the establishment of secure, recognized, and
            defensible borders between Israel and its neighbors
            will discourage hostilities; and
              (5) full, normalized relations between Israel and its
            Arab neighbors, including trade, travel, tourism,
            communications, and diplomatic relations are vital for
            peace.
        (b) It is the sense of the Congress that the Government of
    the United States should continue to promote direct
    negotiations between Israel and Egypt and to encourage other
    Arab countries to enter into negotiations leading to peace
    treaties with Israel.
        (c) It is further the sense of the Congress that the United
    States should be responsive to Israel's economic needs and
    defense requirements, including the provision of additional
    advanced aircraft, in order to maintain Israel's defense
    capability which is essential to peace.
              * * * * * * *

                               SAVINGS PROVISION

        Sec. 30.\12\ Enactment of this Act shall not affect the
    authorizations of appropriations and limitations of authority
    applicable to the fiscal year 1978 which are contained in
    provisions of law amended by this Act (other than sections 31
    (a), (b), and (d) of the Arms Export Control Act).
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 1754 note.
         bb. International Development and Food Assistance Act of 1977

     Partial text of Public Law 95-88 [H.R. 6714], 91 Stat. 533, approved
         August 3, 1977, as amended by Public Law 96-53 [International
     Development Cooperation Act of 1979, H.R. 3324], 93 Stat. 359 at 366,
      approved August 14, 1979; Public Law 96-465 [Foreign Service Act of
    1980, H.R. 6790], 94 Stat. 2071 at 2160, approved October 17, 1980; and
         by Public Law 97-113 [International Security and Development
      Cooperation Act of 1981, S. 1196], 95 Stat. 1519 at 1560, approved
                               December 29, 1981

              Note.--Except for the provisions noted below, the
            International Development and Food Assistance Act of
            1977 consists of amendments to the Foreign Assistance
            Act of 1961 and the Agricultural Trade Development and
            Assistance Act of 1954 (Public Law 480).

        AN ACT To amend the Foreign Assistance Act of 1961 to authorize
      development assistance programs for fiscal year 1978, to amend the
       Agricultural Trade Development and Assistance Act of 1954 to make
    certain changes in the authorities of that Act, and for other purposes.

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

                                  SHORT TITLE

        Section 1. This Act may be cited as the ``International
    Development and Food Assistance Act of 1977.''

                 TITLE I--INTERNATIONAL DEVELOPMENT ASSISTANCE

              * * * * * * *

                     INSPECTOR GENERAL, FOREIGN ASSISTANCE

        Sec. 124. (a)(1) * * *
        (2) \1\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \1\ Par. (2), which concerned the duties and responsibilities of
    the Inspector General, Foreign Service, was repealed by sec. 2205(11)
    of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2162).
    ---------------------------------------------------------------------------
        (b) Section 5315 of title 5, United States Code, is amended
    by repealing paragraphs (52) and (53).
        (c) The amendments made by this section shall take effect
    on July 1, 1978.
              * * * * * * *

                  FUTURE UNITED STATES DEVELOPMENT ASSISTANCE

        Sec. 131.\2\ It is the sense of the Congress that the
    United States should increase substantially its assistance for
    self-help development among the world's poorest people. Such
    assistance should be provided in accordance with the general
    policies and principles of chapter 1 of part I of the Foreign
    Assistance Act of 1961, with particular emphasis on encouraging
    and supporting more equitable patterns of economic growth,
    especially in the poorest countries, and should be coordinated
    with similar expanded efforts by international organizations,
    donor nations, and the recipient countries themselves.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

            LIMITATION ON USE OF FUNDS; MISSING IN ACTION IN VIETNAM

        Sec. 132. (a) \3\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \3\ Subsec. (a), which had prohibited assistance to or reparations
    for Cambodia, Vietnam, Laos, or Cuba for fiscal year 1978, was repealed
    by sec. 734(a)(6) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    ---------------------------------------------------------------------------
        (b) The President shall continue to take all possible steps
    to obtain a final accounting of all Americans missing in action
    in Vietnam.

         PLAN FOR INCREASED MINORITY BUSINESS PARTICIPATION IN FOREIGN
                             ASSISTANCE ACTIVITIES

        Sec. 133.\2\ (a) The Administrator of the agency primarily
    responsible for administering part I of the Foreign Assistance
    Act of 1961 shall prepare and transmit to the Congress, not
    later than 30 days after the date of enactment of this Act, a
    detailed plan for the establishment of a section on minority
    business within such agency.
        (b) Such plan shall include, but shall not be limited to--
              (1) a description of where the section on minority
            business will be located in such agency's
            organizational structure and what relevant lines of
            authority will be established;
              (2) a listing of the specific responsibilities that
            will be assigned to the section on minority business to
            enable it to increase, in a rational and effective
            manner, participation of minority business enterprises
            in activities funded by such agency;
              (3) a design for a time-phase system for bringing
            about expanded minority business enterprise
            participation, including specific recommendations for
            percentage allocations of contracts by such agency to
            minority business enterprises;
              (4) a proposed reporting system that will permit
            objective measuring of the degree of participation of
            minority business enterprises in comparison to the
            total activities funded by such agency;
              (5) a detailed projection of the administrative
            budgetary impact of the establishment of the section on
            minority business; and
              (6) a detailed set of objective criteria upon which
            determinations will be made as to the qualifications of
            minority business enterprises to receive contracts
            funded by such agency.
        (c) \4\ (1) Upon the enactment of the International
    Development Cooperation Act of 1979, the section on minority
    business established pursuant to subsection (a) shall be
    redesignated as the Minority Resource Center (hereafter in this
    section referred to as the ``Center'') which shall be
    responsible for increasing the participation of economically
    and socially disadvantaged business enterprises in contract,
    procurement, grant, and research and development activities
    funded by the agency primarily responsible for administering
    part I of the Foreign Assistance Act of 1961 (hereafter in this
    section referred to as the ``agency'').
    ---------------------------------------------------------------------------
        \4\ Subsec. (c) was added by sec. 123 of the International
    Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366),
    effective August 16, 1979.
    ---------------------------------------------------------------------------
        (2) The Center shall--
              (A) establish, maintain, and disseminate information
            to, and otherwise serve as an information clearinghouse
            for, economically and socially disadvantaged business
            enterprises regarding business opportunities in
            development assistance programs funded by the agency;
              (B) design and conduct programs to encourage,
            promote, and assist economically and socially
            disadvantaged business enterprises to secure direct
            contracts, host country contracts, operation expatriate
            contracts, indefinite quantity contracts, subcontracts,
            projects, grants, and research and development
            contracts in order for such enterprises to participate
            in such development assistance programs;
              (C) conduct market research, planning, economic and
            business analyses, and feasibility studies to identify
            business opportunities in such development assistance
            programs;
              (D) develop support mechanisms which will enable
            socially and economically disadvantaged businesses to
            take advantage of business opportunities in such
            development assistance programs; and
              (E) enter into such contracts (to such extent or in
            such amounts as are provided in appropriation Acts),
            cooperative agreements, or other transactions as may be
            necessary in the conduct of its functions under this
            section.
        (3) The Administrator of the agency and the Secretary of
    State shall provide the Center with such relevant information,
    including procurement schedules, bids, and specifications with
    respect to development assistance programs funded by the
    agency, as may be requested by the Center in connection with
    the performance of its functions under this section.
        (4) There shall be a Director of the Center who shall be
    the chief executive officer of the Center. The Director shall
    be appointed by the Administrator of the agency.
        (5)(A) For the purposes of this section, the term
    ``economically and socially disadvantaged enterprise'' means a
    business--
              (i) which is at least 51 percent owned by one or more
            socially and economically disadvantaged individuals or,
            in the case of a publicly owned business, at least 51
            percent of the stock of which is owned by one or more
            socially and economically disadvantaged individuals;
            and
              (ii) whose management and daily business operations
            are controlled by one or more such individuals.
        (B) Socially disadvantaged individuals are those who have
    been subjected to racial or ethnic prejudice or cultural bias
    because of their identity as a member of a group without regard
    to their individual qualities.
        (C) Economically disadvantaged individuals are those
    socially disadvantaged individuals whose ability to compete in
    the free enterprise system has been impaired due to diminished
    capital and credit opportunities as compared to others in the
    same business area who are not socially disadvantaged. In
    determining the degree of diminished credit and capital
    opportunities, the Administrator of the agency shall consider,
    but not be limited to, the assets and net worth of the socially
    disadvantaged individual.
        (6) \5\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \5\ Par. (6), which had required an annual report concerning the
    activities of the Minority Resource Center, was repealed by sec.
    734(a)(6) of the International Security and Development Cooperation Act
    of 1981 (Public Law 97-113; 95 Stat. 1560). This same information is
    now required by sec. 634(a)(11) of the Foreign Assistance Act of 1961.
    ---------------------------------------------------------------------------
        (7) Of the funds available to the agency for operating
    expenses, up to $950,000 for fiscal year 1980 may be allocated
    to the Center to carry out its functions under this section.
        (8) If the Administrator of the agency determines that such
    a consolidation would significantly further the purposes of
    this section and would eliminate unnecessary duplication of
    activity, the Administrator may consolidate the Center with the
    Office of Small and Disadvantaged Business Utilization
    established in the agency by section 15(k) of the Small
    Business Act. Any such consolidation shall ensure that all the
    functions specified in paragraph (2) of this subsection
    continue to be carried out. Before implementing any such
    consolidation, the Administrator shall submit to the Congress a
    detailed report setting forth the reasons for the proposed
    consolidation.

                            TITLE II--FOOD FOR PEACE

              * * * * * * *
        Sec. 214.\6\ Study of Payments of Ocean Freight
    Differentials * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \6\ Sec. 214, which had required a report from the President on the
    payments of ocean freight differentials, was repealed by sec. 734(a)(6)
    of the International Security and Development Cooperation Act of 1981
    (Public Law 97-113; 95 Stat. 1560).
    ---------------------------------------------------------------------------

                                 EFFECTIVE DATE

        Sec. 215. The provisions of this title shall become
    effective October 1, 1977.
               cc. International Security Assistance Act of 1977

     Partial text of Public Law 95-92 [H.R. 6684], 91 Stat. 614, approved
    August 4, 1977, as amended by Public Law 95-384 [International Security
        Assistance Act of 1978, S. 3075], 92 Stat. 730 at 747, approved
     September 26, 1978; and by Public Law 97-113 [International Security
      and Development Cooperation Act of 1981, S. 1196], 95 Stat. 1519 at
                        1560, approved December 29, 1981

              Note.--Except for the provisions noted below, the
            International Security Assistance Act of 1977 consists
            of amendments to the Arms Export Control Act and the
            Foreign Assistance Act of 1961.

        AN ACT To amend the Foreign Assistance Act of 1961 to authorize
      international security assistance programs for fiscal year 1978, to
       amend the Arms Export Control Act to make certain changes in the
                authorities of that Act, and for other purposes.

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

                                  SHORT TITLE

        Section 1.\1\ This Act may be cited as the ``International
    Security Assistance Act of 1977''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                SECURITY SUPPORTING ASSISTANCE PROGRAM FOR EGYPT

        Sec. 9.\2\ It is the sense of the Congress that the
    security supporting assistance program for Egypt plays an
    important role in the Middle East peace effort and that the
    Executive branch should concentrate its efforts in order to
    make the program a success.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2346 note. Sec. 29(c)(2) of the International
    Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 747)
    repealed subsecs. (b) through (e) of sec. 9. These subsections
    concerned the creation and activities of a Special Interagency Task
    Force to review the U.S. security supporting assistance program for
    Egypt.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 14.\3\ Prohibition on Assistance for Nuclear
    Powerplants * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \3\ Sec. 14, which had prohibited the use of funds made available
    under the Foreign Assistance Act of 1961 during fiscal year 1978 to
    finance the construction of, the operation or maintenance of, or the
    supply of fuel for, any nuclear powerplant under an agreement for
    cooperation between the U.S. and any other country, was repealed by
    sec. 734(a)(13) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    ---------------------------------------------------------------------------
              * * * * * * *

                FISCAL YEAR 1977 AUTHORIZATIONS AND LIMITATIONS

        Sec. 21.\4\ Authorizations of appropriations and
    limitations of authority applicable to the fiscal year 1977
    contained in provisions of law amended by this Act shall not be
    affected by enactment of this Act.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------
        Sec. 22.\5\ Assistance and Sales to Greece and Turkey * * *
    [Repealed--1981]
    ---------------------------------------------------------------------------
        \5\ Sec. 22, which set out certain conditions for assistance and
    sales to Greece and Turkey during fiscal year 1978, was repealed by
    sec. 734(a)(13) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    ---------------------------------------------------------------------------
        Sec. 23.\6\ Arms Sales and United States Defense Readiness
    * * * [Repealed--1978]
    ---------------------------------------------------------------------------
        \6\ Sec. 23, which had required a report to Congress on the impact
    of U.S. foreign arms sales and transfers on U.S. defense readiness and
    national security, was repealed by sec. 29(c)(2) of the International
    Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 747).
    ---------------------------------------------------------------------------

                         STUDY OF TECHNOLOGY TRANSFERS

        Sec. 24.\7\ (a) The President shall conduct a comprehensive
    study of the policies and practices of the United States
    Government with respect to the national security and military
    implications of international transfers of technology in order
    to determine whether such policies and practices should be
    changed. Such study shall examine--
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 2751 note.
    ---------------------------------------------------------------------------
              (1) the nature of technology transfer;
              (2) the effect of technology transfers on United
            States technological superiority;
              (3) the rationale for transfers of technology from
            the United States to foreign countries;
              (4) the benefits and risks of such transfers;
              (5) trends in technology transfers by the United
            States and other countries;
              (6) the need for controls on transfers of technology,
            including controls on the use of transferred
            technology, the effectiveness of existing end-use
            controls, and possible unilateral sanctions if end-use
            restrictions are violated;
              (7) the effectiveness of existing organizational
            arrangements in the Executive branch in regulating
            technology transfers from the United States;
              (8) the adequacy of existing legislation and
            regulations with respect to transfers of technology
            from the United States; and
              (9) the possibilities for international agreements
            with respect to transfers of technology.
        (b) In conducting the study required by subsection (a), the
    President shall utilize the resources and expertise of the Arms
    Control and Disarmament Agency, the Department of State, the
    Department of Defense, the Department of Commerce, the National
    Science Foundation, the Office of Science and Technology
    Policy, and such other entities within the Executive branch as
    he deems necessary.
        (c) \8\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \8\ Subsec. (c), which had required a report from the President
    regarding the findings made and conclusions reached as a result of the
    study conducted pursuant to subsec. (a), was repealed by sec.
    734(a)(13) of the International Security and Development Cooperation
    Act of 1981 (Public Law 97-113; 95 Stat. 1560). The President submitted
    this report to Congress on August 21, 1978.
    ---------------------------------------------------------------------------
        Sec. 25.\9\ Policy on Zaire * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \9\ Sec. 25, which had prohibited U.S. aid for Zaire during fiscal
    year 1978 supporting any military or paramilitary operations in Zaire
    (unless the President determined that such assistance would be in the
    U.S. national security interests), was repealed by sec. 734(a)(13) of
    the International Security and Development Cooperation Act of 1981
    (Public Law 97-113; 95 Stat. 1560).
    ---------------------------------------------------------------------------

             POLICY STATEMENT ON UNITED STATES ARMS SALES TO ISRAEL

        Sec. 26.\7\ In accordance with the historic special
    relationship between the United States and Israel and previous
    agreements and continuing understandings, the Congress joins
    with the President in reaffirming that a policy of restraint in
    United States arms transfers, including arms sales ceilings,
    shall not impair Israel's deterrent strength or undermine the
    military balance in the Middle East.

               REVIEW OF ARMS SALES CONTROLS ON NON-LETHAL ITEMS

        Sec. 27.\7\ The President shall undertake a review of all
    regulations relating to arms control for the purpose of
    defining and categorizing lethal and non-lethal products and
    establishing the appropriate level of control for each
    category.

                               REPUBLIC OF KOREA

        Sec. 28. (a)(1) It is the sense of the Congress that the
    President should take all effective measures to assure that the
    Republic of Korea is cooperating fully with the investigation
    (including any resulting prosecutions) being conducted by the
    Department of Justice with respect to allegations of improper
    activity in the United States by agents of the Republic of
    Korea.
        (2) \10\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \10\ Par. (2), which required a report every 90 days from the
    President regarding the extent to which Korea was cooperating with the
    investigation being conducted by the Department of Justice, was
    repealed by sec. 734(a)(13) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    ---------------------------------------------------------------------------
        (b) It is the further sense of the Congress that the
    President should take all effective measures to assure that the
    Republic of Korea is cooperating fully with the investigations
    being conducted by committees of Congress.

                               PIASTER CONVERSION

        Sec. 29.\11\ No provision of law shall be construed to
    prevent payment of claims of former and present Vietnamese
    employees of the Agency for International Development, who
    presently reside in the United States, for the conversion of
    Vietnamese piasters to dollars because such conversion cannot
    take place in the territory of the former Republic of Vietnam
    or because the official with whom such piasters were deposited
    was not a United States disbursing officer.
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 2431 note.
     dd. International Security Assistance and Arms Export Control Act of
                                      1976

    Partial text of Public Law 94-329 [H.R. 13680], 90 Stat. 729, approved
    June 30, 1976, as amended by Public Law 95-384 [International Security
     Assistance Act of 1978, S. 3075], 92 Stat. 730 at 735, 737, and 747,
    approved September 26, 1978; Public Law 96-533 [International Security
     and Development Cooperation Act of 1980, H.R. 6942], 94 Stat. 3131 at
      3141, approved December 16, 1980; Public Law 97-113 [International
     Security and Development Cooperation Act of 1981, S. 1196], 95 Stat.
     1519 at 1554 and 1560, approved December 29, 1981; and by Public Law
    103-199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December
                                    17, 1993

              Note.--Except for the provisions noted below, the
            International Security Assistance and Arms Export
            Control Act of 1976 consists of amendments to the
            Foreign Assistance Act of 1961, Foreign Assistance Act
            of 1973, the Foreign Military Sales Act, the Foreign
            Military Sales Act Amendments, 1971, and the Mutual
            Security Act of 1954.

      AN ACT To amend the Foreign Assistance Act of 1961 and the Foreign
                  Military Sales Act, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``International Security Assistance and
    Arms Export Control Act of 1976''.
              * * * * * * *

                 INTERNATIONAL MILITARY EDUCATION AND TRAINING

        Sec. 106. (a) * * *
        (b) * * *
        (c) \1\ Except as may be expressly provided to the contrary
    in this Act, all determinations, authorizations, regulations,
    orders, contracts, agreements, and other actions issued,
    undertaken, or entered into under authority of any provision of
    law amended or repealed by this section shall continue in full
    force and effect until modified, revoked, or superseded by
    appropriate authority.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2321a note.
    ---------------------------------------------------------------------------
         (d) \2\ Funds made available pursuant to other provisions
    of law for foreign military educational and training activities
    shall remain available for obligation and expenditure for their
    original purposes in accordance with the provisions of law
    originally applicable to those purposes or in accordance with
    the provisions of law currently applicable to those purposes.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2347 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                               ARMS SALES POLICY

        Sec. 201. (a) * * *
        (b) Any reference to the Foreign Military Sales Act shall
    be deemed to be a reference to the Arms Export Control Act.
        Sec. 202. (a) * * *
        (b) \3\ * * * [Repealed--1978]
    ---------------------------------------------------------------------------
        \3\ Sec. 202. (b), which had required a study by the President
    regarding U.S. arms sales policies and practices, was repealed by sec.
    29(c)(1)(A) of the International Security Assistance Act of 1978
    (Public Law 95-384; 92 Stat. 747).
    ---------------------------------------------------------------------------
              * * * * * * *

          CONTROL OF LICENSES WITH RESPECT TO ARMS EXPORTS AND IMPORTS

        Sec. 212. (a) * * *
        (b)(1) Section 414 of the Mutual Security Act of 1954 is
    repealed. Any reference to such section shall be deemed to be a
    reference to section 38 of the Arms Export Control Act and any
    reference to licenses issued under section 38 of the Arms
    Export Control Act shall be deemed to include a reference to
    licenses issued under section 414 of the Mutual Security Act of
    1954.
        (2) All determinations, authorizations, regulations,
    orders, contracts, agreements, and other actions issued,
    undertaken, or entered into under section 414 of the Mutual
    Security Act of 1954 shall continue in full force and effect
    until modified, revoked, or superseded by appropriate
    authority.
               * * * * * * *
        Sec. 217.\4\ Report On Sales of Excess Defense Articles * *
    * [Repealed--1978]
    ---------------------------------------------------------------------------
        \4\ Secs. 217 and 218 were repealed by sec. 29(c)(1) of the
    International Security Assistance Act of 1978 (Public Law 95-384; 92
    Stat. 747).
    ---------------------------------------------------------------------------
        Sec. 218.\4\ Study of the Effects of Arms Export Control
    Provisions * * * [Repealed--1978]
               * * * * * * *
        Sec. 404.\5\ Limitation on Certain Assistance to and
    Activities in Angola * * * [Repealed--1980]
    ---------------------------------------------------------------------------
        \5\ Sec. 404 was repealed by sec. 118(e) of the International
    Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
    Stat. 3141).
    ---------------------------------------------------------------------------
        Sec. 405.\6\ Soviet Intervention in Angola * * *
    [Repealed--1993]
    ---------------------------------------------------------------------------
        \6\ Sec. 703 of the FRIENDSHIP Act [Public Law 103-199; 107 Stat.
    2317) repealed sec. 405.
    ---------------------------------------------------------------------------
        Sec. 406.\7\ Limitations on Economic Assistance, Military
    Assistance, Sales, and Sales Credits for Chile * * *
    [Repealed--1981]
    ---------------------------------------------------------------------------
        \7\ Sec. 406, which had prohibited military assistance, sales, the
    issuance of export licenses under the Arms Export Control Act, Economic
    Support Fund aid, and peacekeeping programs for Chile and had placed
    conditions and limitations on economic assistance for Chile during the
    transition quarter and fiscal year 1977, was repealed by sec. 726(a) of
    the International Security and Development Cooperation Act of 1981
    (Public Law 97-113; 95 Stat. 1554). While sec. 726 lifted this
    prohibition, it also imposed certain conditions and restrictions on
    future U.S. aid to Chile.
    ---------------------------------------------------------------------------

                 CONTROL OF MILITARY FORCES IN THE INDIAN OCEAN

        Sec. 407.\8\ It is the sense of Congress that the President
    should undertake to enter into negotiations with the Soviet
    Union intended to achieve an agreement limiting the deployment
    of naval, air, and land forces of the Soviet Union and the
    United States in the Indian Ocean and littoral countries. Such
    negotiations should be convened as soon as possible and should
    consider, among other things, limitations with respect to--
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------
              (1) the establishment or use of facilities for naval,
            air, or land forces in the Indian Ocean and littoral
            countries;
              (2) the number of naval vessels which may be deployed
            in the Indian Ocean, or the number of ``shipdays''
            allowed therein; and
              (3) the type and number of military forces and
            facilities allowed therein.
        (b) \9\ * * * [Repealed--1978]
    ---------------------------------------------------------------------------
        \9\ Subsec. (b), which had required a report from the President
    concerning the steps he had taken to carry out the provisions of
    section 407, was repealed by sec. 29(c)(1)(D) of the International
    Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 747).
    ---------------------------------------------------------------------------

                  UNITED STATES CITIZENS IMPRISONED IN MEXICO

        Sec. 408.\10\ (a) The Congress, while sharing the concern
    of the President over the urgent need for international
    cooperation to restrict traffic in dangerous drugs, is
    convinced that such efforts must be consistent with respect for
    fundamental human rights. The Congress, therefore, calls upon
    the President to take steps to insure that United States
    efforts to secure stringent international law enforcement
    measures are combined with efforts to secure fair and humane
    treatment for citizens of all countries.
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 2291 note.
    ---------------------------------------------------------------------------
        (b) The Congress requests that the President communicate
    directly to the President and Government of the Republic of
    Mexico, a nation with which we have friendly and cooperative
    relations, the continuing desire of the United States for such
    relations between our two countries and the concern of the
    United States over treatment of United States citizens arrested
    in Mexico.
        (2) \11\ * * * [Repealed--1978]
    ---------------------------------------------------------------------------
        \11\ Par. (2), which had required periodic reports from the
    Secretary of State concerning progress toward full respect for human
    and legal rights of U.S. citizens detained in Mexico, was repealed by
    sec. 29(b) of the International Security Assistance Act of 1978 (Public
    Law 95-384; 92 Stat. 747).
    ---------------------------------------------------------------------------

                        EMERGENCY FOOD NEEDS OF PORTUGAL

        Sec. 409.\12\ It is the sense of the Congress that the
    President should undertake immediately an evaluation of the
    emergency food needs of Portugal. It is further the sense of
    the Congress that the President should take timely action to
    alleviate such emergency by providing Portugal with food
    commodities under the provisions of pertinent statutes.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 2293 note.
    ---------------------------------------------------------------------------

                               STRIFE IN LEBANON

        Sec. 410.\13\ It is the sense of the Congress that the
    situation in Lebanon, a nation traditionally friendly to the
    United States, poses a danger to peace in the Middle East. The
    Congress deplores the armed civil strife and continuing erosion
    of national institutions which threaten to destroy the
    political and economic fabric of Lebanon with such tragic
    impact on all its people. The Congress views with grave concern
    any outside efforts to exploit the current strife with the
    purpose of transforming Lebanon into a radical state in
    confrontation with Israel. The Congress requests that the
    President use his good offices to secure an end to the civil
    strife and national discord in Lebanon and to preserve the
    traditional friendly attitude of Lebanon toward the United
    States.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 2441 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                                     KOREA

        Sec. 412.\14\ The Congress views with distress the erosion
    of important civil liberties in the Republic of Korea and
    requests that the President communicate this concern in
    forceful terms to the Government of the Republic of Korea
    within sixty days after enactment.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 2428 note.
    ---------------------------------------------------------------------------

                         REPEAL OF INDOCHINA ASSISTANCE

        Sec. 413. (a) Part V of the Foreign Assistance Act of 1961
    and sections 34, 35, 36, 37, 38, 39, and 40 of the Foreign
    Assistance Act of 1974 are repealed. All determinations,
    authorizations, regulations, orders, contracts, agreements, and
    other actions issued, undertaken, or entered into under
    authority of any provision of law repealed by this section
    shall continue in full force and effect until modified,
    revoked, or superseded by appropriate authority.
        (b) Subject to the availability of appropriations
    therefore, the President is authorized to adopt as a contract
    of the United States Government, and assume any liabilities
    arising thereunder (in whole or in part), any contract which
    had been funded or approved for funding by the Agency for
    International Development prior to June 30, 1975, for financing
    with funds made available under the Foreign Assistance Act of
    1961 or the Foreign Assistance Act of 1974, or any equitable
    claim based upon a letter of intent issued prior to April 30,
    1975, in which the Agency had expressed its intention to
    finance a transaction subject to the availability of funds,
    between the former Governments of Vietnam or Cambodia
    (including any of their agencies) or the Government of Laos (or
    any of its agencies) and any person and to apply with respect
    to any such contract the authorities of the Foreign Assistance
    Act of 1961.
        (c) Funds made available for the purposes of part V of the
    Foreign Assistance Act of 1961 and of section 36 of the Foreign
    Assistance Act of 1974 (including amounts certified pursuant to
    section 1311 of the Supplemental Appropriation Act, 1955 (31
    U.S.C. 200), as having been obligated against appropriations
    heretofore made) are authorized to be appropriated, and
    thereafter, to remain available until expended, to meet
    necessary expenses arising from the actions authorized by
    subsection (b) of this section and such funds are authorized to
    remain available until expended to meet necessary expenses
    arising from the termination of assistance programs authorized
    by such part and such section 36, which expenses may include
    but need not be limited to the settlement of claims and
    associated personnel costs
              * * * * * * *

                         INTERIM QUARTER AUTHORIZATIONS

        Sec. 506.\15\ (a) Any authorization of appropriations in
    this Act, or in any amendment to any other law made by this
    Act, for the fiscal year 1976, shall be deemed to include an
    additional authorization of appropriations for the period
    beginning July 1, 1976, and ending September 30, 1976, in
    amounts which equal one-fourth of any amount authorized for the
    fiscal year 1976 and in accordance with the authorities
    applicable to operations and activities authorized under this
    Act or such other law, unless appropriations for the same
    purpose are specifically authorized in a law hereinafter
    enacted.
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 2162 note.
    ---------------------------------------------------------------------------
        (b) The aggregate total of credits, including
    participations in credits, extended pursuant to the Arms Export
    Control Act and of the principal amount of loans guaranteed
    pursuant to section 24(a) of such Act during the period
    beginning July 1, 1976, and ending September 30, 1976, may not
    exceed an amount equal to one-fourth of the amount authorized
    by section 31(b) of such Act to be extended and guaranteed for
    the fiscal year 1976.
        Sec. 507.\16\ Base Agreements With Spain, Greece, and
    Turkey * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \16\ Sec. 507, which had authorized the appropriation of ``such
    sums as may be necessary for the fiscal year 1977'' to carry out base
    agreements with Spain, Greece, and Turkey, was repealed by sec.
    734(a)(14) of the International Security and Development Cooperation
    Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    ---------------------------------------------------------------------------

                       TITLE VI--MISCELLANEOUS PROVISIONS

                       EXPEDITED PROCEDURE IN THE SENATE

        Sec. 601. (a)(1) The provisions of subsection (b) of this
    section shall apply with respect to the consideration in the
    Senate of any resolution required by law to be considered in
    accordance with such provisions.
        (2) Any such law shall--
              (A) state whether the term ``resolution'' as used in
            subsection (b) of this section, means, for the purposes
            of such law--
                      (i) a joint resolution; or
                      (ii) a resolution of either House of
                    Congress;
                      (iii) a concurrent resolution; and
              (B) specify the certification to which such
            resolution shall apply.
        (b)(1) For purposes of any such law, the continuity of a
    session of Congress is broken only by an adjournment of the
    Congress sine die, and the days on which either House is not in
    session because of an adjournment of more than three days to a
    day certain are excluded in the computation of the period
    indicated.
        (2) Paragraphs (3) and (4) of this subsection are enacted--
              (A) as an exercise of the rulemaking power of the
            Senate and as such they are deemed a part of the rules
            of the Senate, but applicable only with respect to the
            procedure to be followed in the Senate in the case of
            resolutions described by subsection (a)(1) of this
            section; and they supersede other rules of the Senate
            only to the extent that they are inconsistent
            therewith; and
              (B) with full recognition of the constitutional right
            of the Senate to change such rules at any time, in the
            same manner and to the same extent as in the case of
            any other rule of the Senate.
        (3)(A) If the committee of the Senate to which has been
    referred a resolution relating to a certification has not
    reported such resolution at the end of ten calendar days after
    its introduction, not counting any day which is excluded under
    paragraph (1) of this subsection, it is in order to move either
    to discharge the committee from further consideration of the
    resolution or to discharge the committee from further
    consideration of any other resolution introduced with respect
    to the same certification which has been referred to the
    committee, except that no motion to discharge shall be in order
    after the committee has reported a resolution with respect to
    the same certification.
        (B) A motion to discharge under subparagraph (A) of this
    paragraph may be made only by a Senator favoring the
    resolution, is privileged, and debate thereon shall be limited
    to not more than 1 hour, to be divided equally between those
    favoring and those opposing the resolution, the time to be
    divided equally between, and controlled by, the majority leader
    and the minority leader or their designees. An amendment to the
    motion is not in order, and it is not in order to move to
    reconsider the vote by which the motion is agreed to or
    disagreed to.
        (4)(A) A motion in the Senate to proceed to the
    consideration of a resolution shall be privileged. An amendment
    to the motion shall not be in order, nor shall it be in order
    to move to reconsider the vote by which the motion is agreed to
    or disagreed to.
        (B) Debate in the Senate on a resolution, and all debatable
    motions and appeals in connection therewith, shall be limited
    to not more than 10 hours, to be equally divided between, and
    controlled by, the majority leader and the minority leader or
    their designees.
        (C) Debate in the Senate on any debatable motion or appeal
    in connection with a resolution shall be limited to not more
    than 1 hour, to be equally divided between, and controlled by,
    the mover and the manager of the resolution, except that in the
    event the manager of the resolution is in favor of any such
    motion or appeal, the time in opposition thereto, shall be
    controlled by the minority leader or his designee. Such
    leaders, or either of them, may, from time under their control
    on the passage of a resolution, allot additional time to any
    Senator during the consideration of any debatable motion or
    appeal.
        (D) A motion in the Senate to further limit debate on a
    resolution, debatable motion, or appeal is not debatable. No
    amendment to, or motion to recommit, a resolution is in order
    in the Senate.

                       PROCUREMENTS FROM SMALL BUSINESSES

        Sec. 602.\17\ In order to encourage procurements from small
    business concerns under chapter 4 of the Foreign Assistance Act
    of 1961, the Administrator of the Agency for International
    Development shall report to the Congress every six months on
    the extent to which small businesses have participated in
    procurements under such chapter and on what efforts the Agency
    has made to foster such procurements from small business
    concerns. The Small Business Administration shall lend all
    available assistance to the Agency for the purpose of carrying
    out this section.\18\
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 2352 note.
        \18\ The responsibilities vested to the Administrator of AID under
    this section were transferred to the Director of IDCA, pursuant to sec.
    6 of Reorganization Plan No. 2 of 1979 (establishing IDCA). The
    Reorganization Plan No. 2 or 1979, however, ceased to be in effect
    pursuant to sec. 1422(a)(1) of the Foreign Affairs Reform and
    Restructuring Act of 1998 (division G of Public Law 105-277; 112 Stat.
    2681).
    ---------------------------------------------------------------------------
              * * * * * * *

                                USE OF PERSONNEL

        Sec. 605.\19\ (a) Nothing in this Act is intended to
    authorize any additional military or civilian personnel for the
    Department of Defense for the purposes of this Act, the Foreign
    Assistance Act of 1961, or the Arms Export Control Act.
    Personnel levels authorized in statutes authorizing
    appropriations for military and civilian personnel of the
    Department of Defense shall be controlling over all military
    and civilian personnel of the Department of Defense assigned to
    carry out functions under the Arms Export Control Act and the
    Foreign Assistance Act of 1961.
    ---------------------------------------------------------------------------
        \19\ 22 U.S.C. 2751 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                         EXTORTION AND ILLEGAL PAYMENTS

        Sec. 607.\20\ Within 60 days after receiving information
    which substantiates that officials of a foreign country
    receiving international security assistance have (1) received
    illegal or otherwise improper payments from a United States
    corporation in return for a contract to purchase defense
    articles or services from such corporation, or (2) extorted, or
    attempted to extort, money or other things of value in return
    for actions by officials of that country that permit a United
    States citizen or corporation to conduct business in that
    country, the President shall submit to Congress a report
    outlining the circumstances of such payment or extortion. The
    report shall contain a recommendation from the President as to
    whether the United States should continue a security assistance
    program for that country.
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 2394a.
    ---------------------------------------------------------------------------

                  EXTENSION OF AIRPORT AT PINECREEK, MINNESOTA

        Sec. 608. The consent of Congress is hereby granted for the
    State of Minnesota or a subdivision or instrumentality thereof
    to enter into an agreement with the Government of Canada, a
    Canadian Province, or a subdivision or instrumentality of
    either, providing for the extension of the Pinecreek Airport at
    Pinecreek, Minnesota, into the Province of Manitoba, Canada,
    and the operation of the airport by a joint Canadian-American
    airport authority. The effectiveness of such agreement shall be
    conditioned on its approval by the Secretary of State.
         ee. International Development and Food Assistance Act of 1975

     Partial text of Public Law 94-161 [H.R. 9005], 89 Stat. 849, approved
       December 20, 1975, as amended by Public Law 97-113 [International
     Security and Development Cooperation Act of 1981, S. 1196], 95 Stat.
                    1519 at 1560, approved December 29, 1981

              Note.--Except for the provisions noted below, the
            International Development and Food Assistance Act of
            1975 consists of amendments to the Foreign Assistance
            Act of 1961, the Foreign Assistance Act of 1974, and
            the Agricultural Trade Development and Assistance Act
            of 1954 (Public Law 480).

    AN ACT To authorize assistance for disaster relief and rehabilitation,
      to provide for overseas distribution and production of agricultural
      commodities, to amend the Foreign Assistance Act of 1961, and other
                                   purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``International Development and Food
    Assistance Act of 1975''.
              * * * * * * *
        Sec. 213.\1\ Report Regarding Implementation of
    Recommendations of World Food Conference * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \1\ Sec. 213, which had required a report from the President on
    steps he had taken to carry out the recommendations of the World Food
    Conference, was repealed by sec. 734(a)(7) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1560). The President submitted this report to Congress on
    November 1, 1976.
    ---------------------------------------------------------------------------
              * * * * * * *

                       LIMITATION ON ASSISTANCE TO CHILE

        Sec. 320. Notwithstanding any other provision of law, the
    total amount of economic assistance (including but not limited
    to housing guaranties and sales under title I of the
    Agricultural Trade Development and Assistance Act of 1954) that
    may be made available to Chile may not exceed $90,000,000
    during the fiscal year 1976.

                   SETTLEMENT OF DEBT OWED THE UNITED STATES

        Sec. 321.\2\ No debt owed to the United States by any
    foreign country with respect to the payment of any loan made
    under any program funded under this Act may be settled in an
    amount less than the full amount of such debt unless the
    Congress by concurrent resolution approves of such settlement.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2220a note.
    ---------------------------------------------------------------------------

     PARTICIPATION BY OTHER COUNTRIES IN PROVIDING ASSISTANCE TO ISRAEL OR
                                     EGYPT

        Sec. 322. It is the sense of the Senate that the President
    should attempt to negotiate an equitable share of participation
    by the countries of Western Europe, Japan, and the United
    Nations in providing assistance to Israel or Egypt.
                       ff. Foreign Assistance Act of 1974

     Partial text of Public Law 93-559 [S. 3394], 88 Stat. 1795, approved
       December 30, 1974, as amended by Public Law 94-329 [International
     Security Assistance and Arms Export Control Act of 1976, H.R. 13680],
     90 Stat. 729 at 761, approved June 30, 1976; and by Public Law 97-113
      [International Security and Development Cooperation Act of 1981, S.
            1196], 95 Stat. 1519 at 1560, approved December 29, 1981

              Note.--Except for the provisions noted below, the
            Foreign Assistance Act of 1974 consists of amendments
            to the Foreign Assistance Act of 1961, the Foreign
            Military Sales Act, and the 1971 Act to amend the FMS
            Act.

       AN ACT To amend the Foreign Assistance Act of 1961, and for other
                                   purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Foreign Assistance Act of 1974''.
              * * * * * * *
        Sec. 3.\1\ Ceiling on Fertilizers to South Vietnam * * *
    [Repealed--1981]
    ---------------------------------------------------------------------------
        \1\ Sec. 3, which had prohibited the use of funds during fiscal
    year 1975 to procure agricultural fertilizers for South Vietnam and set
    a ceiling for the procurement of such fertilizers in future years for
    South Vietnam, was repealed by sec. 734(a)(8) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1560).
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 17.\2\ Review of Military Assistance Program * * *
    [Repealed--1978]
    ---------------------------------------------------------------------------
        \2\ Sec. 17 was repealed by sec. 29(c)(4) of the International
    Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 747).
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 25.\3\ Limitation Upon Assistance to or for Chile * *
    * [Repealed--1981]
    ---------------------------------------------------------------------------
        \3\ Sec. 25, which had limited assistance to Chile during fiscal
    year 1975 to $25,000,000 (which could not include military aid or
    security supporting assistance), was repealed by sec. 734(a)(8) of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1560).
    ---------------------------------------------------------------------------
        Sec. 26.\4\ Limitation on Military Assistance and Excess
    Defense Articles to Korea * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \4\ Sec. 26, which had set a ceiling of $145,000,000 in military
    assistance and $165,000,000 in excess defense articles for Korea during
    fiscal year 1975, was repealed by sec. 734(a)(8) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-118; 95
    Stat. 1560).
    ---------------------------------------------------------------------------
        Sec. 27.\5\ Limitation on Assistance for India * * *
    [Repealed--1981]
    ---------------------------------------------------------------------------
        \5\ Sec. 27, which had set a limit of $50,000,000 in economic and
    military assistance for India during fiscal year 1975, was repealed by
    sec. 734(a)(8) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113 95 Stat. 1560).
    ---------------------------------------------------------------------------

                           FAMINE OR DISASTER RELIEF

        Sec. 28.\6\ (a) * * *
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 2399 note.
    ---------------------------------------------------------------------------
        (b) Of the funds appropriated to carry out section 639 of
    the Foreign Assistance Act of 1961, during fiscal year 1975 not
    less than $25,000,000 shall be made available to Cyprus for the
    purposes of such section 639.
              * * * * * * *
        Secs. 34-40.\7\ * * * [Repealed--1976]
    ---------------------------------------------------------------------------
        \7\ Secs. 34, 35, 36, 37, 38, 39, and 40, all relating to U.S.
    Policy in Indochina, were repealed by sec. 413(a) of the International
    Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
    329; 90 Stat. 761).
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 43.\8\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \8\ Sec. 43, which had prohibited the use of funds authorized by
    this Act from supporting the construction, operation, maintenance, or
    the supply of fuel for any nuclear powerplant in Israel or Egypt, was
    repealed by sec. 734(a)(8) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    ---------------------------------------------------------------------------
              * * * * * * *

                           GORGAS MEMORIAL INSTITUTE

        Sec. 47. The first section of the Act entitled ``An Act to
    authorize a permanent annual appropriation for the maintenance
    and operation of the Gorgas Memorial'', approved May 7,
    1928,\9\ is amended by striking out ``$500,000'' and inserting
    ``$2,000,000'' in lieu thereof.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 278.
    ---------------------------------------------------------------------------

         INTERNATIONAL COMMISSION OF CONTROL AND SUPERVISION IN VIETNAM

        Sec. 48.\10\ (a) There are authorized to be appropriated to
    the Department of State for fiscal year 1975 not to exceed
    $16,526,000 for payments by the United States to help meet
    expenses of the International Commission of Control and
    Supervision in Vietnam. Funds appropriated under this
    subsection are authorized to be made available for
    reimbursement to the Agency for International Development of
    amounts expended by the Agency during fiscal year 1975 as
    interim United States payments to help meet expenses of the
    International Commission of Control and Supervision.
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 2431 note.
    ---------------------------------------------------------------------------
        (b) There are authorized to be appropriated to the
    Department of State not to exceed $11,200,000 for reimbursement
    to the Agency for International Development of amounts expended
    by the Agency for International Development to help meet
    expenses of the International Commission on Control and
    Supervision in fiscal year 1974.
        (c) Reimbursements received by the Agency for International
    Development under this section may be credited to applicable
    appropriations of the Agency and shall be available for the
    purposes for which such appropriations are authorized to be
    used during fiscal year 1975.
        Sec. 49.\11\ Policy on Assistance to Africa * * *
    [Repealed--1981]
    ---------------------------------------------------------------------------
        \11\ Sec. 49, which had required a report from the President on
    action taken to provide the developing countries of Africa with an
    equitable share of U.S. economic assistance, was repealed by sec.
    734(a)(8) of the International Security and Development Cooperation Act
    of 1981 (Public Law 97-113; 95 Stat. 1560).
    ---------------------------------------------------------------------------

      POLICY ON THE INDEPENDENCE OF ANGOLA, MOZAMBIQUE, AND GUINEA-BISSAU

        Sec. 50.\12\ (a)(1) Congress finds that the Government of
    Portugal's recognition of the right to independence of the
    African territories of Angola, Mozambique, and Guinea-Bissau
    marks a significant advance toward the goal of self-
    determination for all the peoples of Africa, without which
    peace on the continent is not secure.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 2166 note.
    ---------------------------------------------------------------------------
        (2) Congress finds that progress toward independence for
    the Portuguese African territories will have a significant
    impact on the international organizations and the community of
    nations.
        (3) Congress commends the Portuguese Government's
    initiatives on these fronts as evidence of a reaffirmation of
    that Government's support for her obligations under both the
    United Nations Charter and the North Atlantic Treaty
    Organizations.
        (b) Therefore, Congress calls upon the President and the
    Secretary of State to take the following actions designed to
    make clear United States support for a peaceful and orderly
    transition to independence in the Portuguese African
    territories:
              (1) An official statement should be issued of United
            States support for the independence of Angola,
            Mozambique, and Guinea-Bissau, and of our desire to
            have good relations with the future governments of the
            countries.
              (2) It should be made clear to the Government of
            Portugal that we view the efforts toward a peaceful and
            just settlement of the conflict in the African
            territories as consistent with Portugal's obligations
            under the North Atlantic Treaty Organization
            partnership.
              (3) The United States should encourage United Nations
            support for a peaceful transition to independence,
            negotiated settlement of all differences, and the
            protection of human rights of all citizens of the three
            territories.
              (4) The United States should open a dialog with
            potential leaders of Angola, Mozambique, and Guinea-
            Bissau and assure them of our commitment to their
            genuine political and economic independence.
              (5) The economic development needs of the three
            territories will be immense when independence is
            achieved. Therefore, it is urged that the United States
            Agency for International Development devote attention
            to assessing the economic situation in Angola,
            Mozambique, and Guinea-Bissau and be ready to cooperate
            with the future governments in providing the kind of
            assistance that will help make their independence
            viable. In addition, the United States Government
            should take the initiative among other donors, both
            bilateral and multilateral, in seeking significant
            contribution of development assistance for the three
            territories.
              (6) In light of the need of Angola, Mozambique, and
            Guinea-Bissau for skilled and educated manpower, a
            priority consideration should be given to expanding
            current United States programs of educational
            assistance to the territories as a timely and
            substantive contribution to their independence.
        (c) \13\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \13\ Subsec. (c), which had required a report from the President on
    the implementation of the proposals outlined in subsec. (b), was
    repealed by sec. 734(a)(8) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    The President submitted this report to Congress on June 4, 1975.
    ---------------------------------------------------------------------------

                            CONVENTIONAL ARMS TRADE

        Sec. 51.\14\ (a) It is the sense of the Congress that the
    recent growth in international transfers of conventional arms
    to developing nations--
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 2551 note.
    ---------------------------------------------------------------------------
              (1) is a cause for grave concern for the United
            States and other nations in that in particular areas of
            the world it increases the danger of potential violence
            among nations, and diverts scarce world resources from
            more peaceful uses; and
              (2) could be controlled progressively through
            negotiations and agreements among supplier and
            recipient nations.
        (b) Therefore, the President is urged to propose to the
    Geneva Conference of the Committee on Disarmament that it
    consider as a high priority agenda item discussions among
    participating nations of that Conference for the purposes of--
              (1) agreeing to workable limitations on conventional
            arms transfers; and
              (2) establishing a mechanism through which such
            limitations could be effectively monitored.
        (c) \15\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \15\ Subsec. (c), which had required a report from the President on
    steps he has taken to carry out this section, was repealed by sec.
    734(a)(8) of the International Security and Development Cooperation Act
    of 1981 (Public Law 97-113; 95 Stat. 1560). The President submitted
    this report on June 30, 1975.
    ---------------------------------------------------------------------------

          INVOLVEMENT OF PUERTO RICO IN THE CARIBBEAN DEVELOPMENT BANK

        Sec. 52. (a) The President may transmit to the Caribbean
    Development Bank an instrument stating that the Commonwealth of
    Puerto Rico has the authority to conclude an agreement of
    accession with such Bank and to assume rights and obligations
    pursuant to such agreement. However, such agreement may only be
    concluded after it has been approved by the United States
    Secretary of State.
        (b) The instrument transmitted by the President to the
    Caribbean Development Bank under subsection (a) shall state
    that the United States shall not assume any financial or other
    responsibility for the performance of any obligation incurred
    by the Commonwealth of Puerto Rico pursuant to such agreement
    of accession or pursuant to any other aspect of its membership
    or participation in such Bank.
        (c) Such agreement of accession shall provide that the
    Commonwealth of Puerto Rico may not receive from the Caribbean
    Development Bank any funds provided to the Bank by the United
    States.
              * * * * * * *

       POLICY WITH RESPECT TO COUNTRIES MOST SERIOUSLY AFFECTED BY FOOD
                                   SHORTAGES

        Sec. 55.\16\ (a) The United Nations has designated thirty-
    two countries as ``Most Seriously Affected'' by the current
    economics crisis. These are countries without the internal food
    production capability or the foreign exchange availability to
    secure food to meet their immediate food requirements. The
    Congress calls upon the President and Secretary of State to
    take the following actions designed to mobilize appropriate
    resources to meet the food emergency:
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 2175 note.
    ---------------------------------------------------------------------------
              (1) Review and make appropriate adjustments in the
            level of programming of our food and fertilizer
            assistance programs with the aim of increasing to the
            maximum extent feasible the volume of food and
            fertilizer available to those countries most seriously
            affected by current food shortages.
              (2) Call upon all traditional and potential new
            donors of food, fertilizer, or the means financing
            these commodities to immediately increase their
            participation in efforts to address the emergency food
            needs of the developing world.
              (3) Make available to these most seriously affected
            countries the maximum feasible volume of food
            commodities, with appropriate regard to the current
            domestic price and supply situations.
              (4) Maintain regular and full consultation with the
            appropriate committees of the Congress and report to
            the Congress and the Nation on steps which are being
            taken to help meet this food emergency. In accordance
            with this provision, the President shall report to the
            Congress on a global assessment of food needs for
            fiscal year 1975, specifying expected food grain
            deficits and currently planned programming of food
            assistance, and steps which are being taken to
            encourage other countries to increase their
            participation in food assistance or the financing of
            food assistance. Such report should reach the Congress
            promptly and should be supplemented quarterly for the
            remainder of fiscal year 1975.
              (5) The Congress directs that during the fiscal year
            ending June 30, 1975, not more than 30 percent of
            concessional food aid should be allocated to countries
            other than those which are most seriously affected by
            current food shortages, unless the President
            demonstrates to the appropriate Committees of the
            Congress that use of such food assistance is solely for
            humanitarian food purposes.
              (6) The Congress calls upon the President to proceed
            with the implementation of resolutions and
            recommendations adopted by the World Food Conference.
            The Congress believes that it is incumbent upon the
            United States to take a leading role in assisting in
            the development of a viable and coherent world food
            policy which would begin the task of alleviating
            widespread hunger and suffering prevalent in famine-
            stricken nations. The President shall report to the
            Congress within 120 days of enactment of this Act on
            the implementation of the resolutions and the extent to
            which the United States is participating in the
            implementation of resolutions adopted at the World Food
            Conference.

                         REPAYMENT OF LOANS IN DEFAULT

        Sec. 56.\17\ It is the sense of the Congress that any
    country receiving assistance under the Foreign Assistance Act
    of 1961 which is in default, at least 90 days prior to the date
    of enactment of this Act, of any payment of principal or
    interest due on any loan or credit received from the United
    States shall promptly pay all such principal and interest. It
    is further the sense of the Congress that the President shall
    promptly enter into negotiations with each such country to help
    effectuate the payment of such principal and interest, or to
    effectuate the transfer by such country to the United States of
    goods, services, concessions, or actions beneficial to the
    United States, in lieu of the payment of such principal and
    interest.
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 2379 note.
                       gg. Foreign Assistance Act of 1973

      Partial text of Public Law 93-189 [S. 1443], 87 Stat. 714, approved
       December 17, 1973; as amended by Public Law 97-113 [International
     Security and Development Cooperation Act of 1981, S. 1196], 95 Stat.
      1519 at 1560, approved December 29, 1981; and by Public Law 106-113
          [Foreign Operations, Export Financing, and Related Programs
       Appropriations Act, 2000; H.R. 3422, enacted by reference in sec.
            1000(a)(2)], 113 Stat. 1535, approved November 29, 1999

              Note.--Except for the provisions noted below, the
            Foreign Assistance Act of 1973 consists of amendments
            to the Foreign Assistance Act of 1961, the Foreign
            Military Sales Act, the 1971 Act to amend the FMS Act,
            and Sec. 414 of the Mutual Security Act of 1954.

              * * * * * * *
        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Foreign Assistance Act of 1973''.
              * * * * * * *

                             ASIAN DEVELOPMENT BANK

        Sec. 28.\1\ Section 17 of the Asian Development Bank Act
    \2\ is amended by striking out ``$60,000,000 for fiscal year
    1972 and $40,000,000 for fiscal year 1973'' and inserting in
    lieu thereof ``$100,000,000''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
        \2\ For text, see Legislation on Foreign Relations Through 2000,
    vol. III, sec. I.
    ---------------------------------------------------------------------------
        Sec. 29.\3\ * * * [Repealed--1974]
    ---------------------------------------------------------------------------
        \3\ Former sec. 29 regarding access to certain military bases
    abroad was repealed by sec. 29(b) of the FA Act of 1974 (Public Law 93-
    559).
    ---------------------------------------------------------------------------

                          TERMINATION OF INDOCHINA WAR

        Sec. 30.\1\ No funds authorized or appropriated under this
    or any other law may be expended to finance military or
    paramilitary operations by the United States in or over
    Vietnam, Laos, or Cambodia.

                           LIMITATION ON USE OF FUNDS

        Sec. 31.\1\ No funds authorized or appropriated under any
    provision of law shall be made available for the purpose of
    financing directly or indirectly any military or paramilitary
    combat operations by foreign forces in Laos, Cambodia, North
    Vietnam, South Vietnam, or Thailand unless (1) such operations
    are conducted by the forces of that government receiving such
    funds within the borders of that country, or (2) specifically
    authorized by law enacted after the date of enactment of this
    Act.

                              POLITICAL PRISONERS

        Sec. 32.\4\ It is the sense of Congress that the President
    should deny any economic or military assistance to the
    government of any foreign country which practices the
    internment or imprisonment of that country's citizens for
    political purposes.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

                           ALBERT SCHWEITZER HOSPITAL

        Sec. 33.\4\ There is authorized to be appropriated to the
    President for fiscal year 1974 $1,000,000 \5\ to make grants,
    on such terms and conditions as he may specify, to the Albert
    Schweitzer Hospital in Gabon.
    ---------------------------------------------------------------------------
        \5\ The Foreign Assistance and Related Programs Appropriations Act,
    1974 (Public Law 93-240; 87 Stat. 1175) appropriated $1,000,000.
    ---------------------------------------------------------------------------

               PRISONERS OF WAR AND INDIVIDUALS MISSING IN ACTION

        Sec. 34.\4\ (a) The Congress declares that--
              (1) the families of those one thousand three hundred
            individuals missing in action during the Indochina
            conflict have suffered extraordinary torment in
            ascertaining the full and complete information about
            their loved ones who are formally classified as missing
            in action;
              (2) United States involvement in the Indochina
            conflict has come to a negotiated end with the signing
            of the Vietnam Agreement in Paris on January 27, 1973,
            and section 307 of the Second Supplemental
            Appropriations Act, 1973, requires that ``None of the
            funds herein appropriated under this Act may be
            expended to support directly or indirectly combat
            activities in or over Cambodia, Laos, North Vietnam and
            South Vietnam or off the shores of Cambodia, Laos,
            North Vietnam and South Vietnam by United States
            forces, and after August 15, 1973, no other funds
            heretofore appropriated under any other Act may be
            expended for such purpose.'';
              (3) the question of the return of prisoners of war
            and accounting for individuals missing in action and
            dead in Laos is covered by article 18 of the Protocol
            signed by representatives of the Lao Patriotic Front
            (Pathet Lao) and the Royal Laotian Government in
            Vientiane on September 14, 1973 (which implements
            article 5 of the Agreement signed by the Pathet Lao and
            that government in Vientiane on February 21, 1973,
            requiring the release of all prisoners ``regardless of
            nationality'' captured and held in Laos), and paragraph
            C of such article 18 provides that, within ``15 to 30
            days'' from the date of the signing of the Protocol,
            each side is to report the number of those prisoners
            and individuals still held, with an indication of their
            nationality and status, together with a list of names
            and any who died in captivity; and
              (4) few of the United States men lost in Laos during
            the military engagements in Indochina have been
            returned, and with knowledge about many of these men
            not yet being fully disclosed, and the North Vietnam
            cease-fire provisions calling for inspection of crash
            and grave sites and for other forms of cooperation have
            not been fully complied with.
        (b) It is, therefore, the sense of the Congress that--
              (1) the provisions for the release of prisoners and
            an accounting of individuals missing and dead, as
            provided for in article 18 of the Protocol signed on
            September 14, 1973, by the Pathet Lao and the Royal
            Laotian Government, be adhered to in spirit and in
            deed; and
              (2) the faithful compliance with the spirit of the
            Laotian Agreement and Protocol on the question of
            individuals missing in action will encourage all
            parties in Indochina to cooperate in providing complete
            information on all nationals of any nation who may be
            captured or missing at any place in Indochina.

                                RIGHTS IN CHILE

        Sec. 35.\6\ It is the sense of the Congress that (1) the
    President should request the Government of Chile to protect the
    human rights of all individuals, Chilean and foreign, as
    provided in the Universal Declaration of Human Rights, the
    Convention and Protocol Relating the Status of Refugees, and
    other relevant international legal instruments guaranteeing the
    granting of asylum, safe conduct, and the humane treatment or
    release of prisoners; (2) the President should support
    international humanitarian initiatives by the United Nations
    High Commissioner for Refugees and the International Committee
    of the Red Cross to insure the protection and safe conduct and
    resettlement of political refugees, the humane treatment of
    political prisoners, and the full inspection of detention
    facilities under international auspices; (3) the President
    should support and facilitate efforts by voluntary agencies to
    meet emergency relief needs; and (4) the President should
    request of the Inter-American Commission on Human Rights to
    undertake an immediate inquiry into recent events occurring in
    Chile.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

                REVISION OF SOCIAL PROGRESS TRUST FUND AGREEMENT

        Sec. 36.\7\ (a) The President or his delegate shall seek,
    as soon as possible, a revision of the Social Progress Trust
    Fund Agreement (dated June 19, 1961) between the United States
    and the Inter-American Development Bank. Such revision should
    provide for the-- \8\
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 1942 note.
        \8\ Section 586 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by
    reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535),
    authorized the President to abolish the Inter-American Foundation and
    made conforming amendments to legislation related to the Inter-American
    Foundation to reflect the abolishment. These amendments are to be
    effective and executed only after the Director of the Office of
    Management and Budget transmits to Congress a certification that
    responsibilities delegated to the Director, primarily that of
    administering and winding-up any outstanding obligations of the Inter-
    American Foundation, have been fully discharged.
        That certification and subsequent administration have not yet been
    executed. Upon execution of these requirements, sec. 586(h)(2)(A)(i) of
    the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2000 (H.R. 3422, enacted by reference in sec.
    1000(a)(2) of Public Law 106-113; 113 Stat. 1535), will strike out
    ``provide for the--'' at this point, strike out para. (1), and strike
    out para. designation ``(2)''.
    ---------------------------------------------------------------------------
              (1) \8\ periodic transfer of unencumbered capital
            resources of such trust fund, and of any future
            repayments or other accruals otherwise payable to such
            trust fund, to the Inter-American Foundation, to be
            administered by the Foundation for purposes of part IV
            of the Foreign Assistance Act of 1969 (22 U.S.C. 290f
            and following);
              (2) utilization of such unencumbered capital
            resources, future repayments, and other accruals by the
            Inter-American Development Bank for purposes of
            sections 1 and 2 of the Latin American Development Act
            \9\ (22 U.S.C. 1942 and 1943) in such a way that the
            resources received in the currencies of the more
            developed member countries are utilized to the extent
            possible for the benefit of the lesser developed member
            countries; or
    ---------------------------------------------------------------------------
        \9\ For text, see Legislation on Foreign Relations Through 2000,
    vol. I-B.
    ---------------------------------------------------------------------------
              (3) \10\ both the transfer described in paragraph (1)
            and the utilization described in paragraph (2).
    ---------------------------------------------------------------------------
        \10\ Sec. 586(h)(2)(A)(ii) of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2000 (H.R. 3422,
    enacted by reference in sec. 1000(a)(2) of Public Law 106-113; 113
    Stat. 1535), will strike out para. (3), upon execution of that
    section's requirements.
    ---------------------------------------------------------------------------
        (b) Any transfer or \11\ utilization under this section
    shall be in such proportions as may be agreed to between the
    United States and the Inter-American Development Bank.
    ---------------------------------------------------------------------------
        \11\ Sec. 586(h)(2)(B) of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by
    reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535),
    will strike out ``transfer or'' upon execution of that section's
    requirements. Sec. 586(h)(2)(C) of that Act will strike out subsec.
    (c), upon execution of that section's requirements, and will
    redesignate subsec. (d) as subsec. (c).
    ---------------------------------------------------------------------------
        (c) \11\ Any transfer under subsection (a)(1) shall be in
    the amounts, and in available currencies, determined in
    consultation with the Inter-American Foundation, to be required
    for its program purposes.''.
        (d) \11\ The revision of the Social Progress Trust Fund
    Agreement pursuant to this section shall provide that the
    President or his delegate shall specify, from time to time,
    after consultation with the Inter-American Development Bank,
    the particular currencies to be used in making the transfer of
    \11\ utilization described in the section.
        (e) \12\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \12\ Subsec. (e), which had required a report from the President on
    his action taken pursuant to this section, was repealed by sec.
    734(a)(9) of the International Security and Development Cooperation Act
    of 1981 (Public Law 97-113; 95 Stat. 1560). The President submitted
    this report on January 3, 1974.
    ---------------------------------------------------------------------------
        Sec. 37.\13\ Prohibition on Assistance to North Vietnam * *
    * [Repealed--1981]
    ---------------------------------------------------------------------------
        \13\ Sec. 37, which had prohibited the use of funds authorized in
    this Act (fiscal year 1974) for assistance to North Vietnam, was
    repealed by sec. 734(a)(9) of the International Security and
    Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
    ---------------------------------------------------------------------------
        Sec. 38.\14\ Report Concerning Certain Use of Military
    Assistance in Africa * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \14\ Sec. 38, which had required the President to make a
    determination with respect to the use, if any, by any non-African
    country in support of its military activities in its African
    territories of U.S. economic military, or food assistance, was repealed
    by sec. 734(a)(9) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). The
    President submitted this determination to Congress on May 3, 1974.
    ---------------------------------------------------------------------------

                              WORLD FOOD SHORTAGES

        Sec. 39.\15\ (a) It is the sense of the Congress that the
    United States should participate fully in efforts to alleviate
    current and future food shortages which threaten the world. To
    this end, the President shall--
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 2220 note.
    ---------------------------------------------------------------------------
              (1) encourage, support, and expedite studies relating
            to the long-range implications of the world food
            situation (including studies of national and world
            production, distribution, and utilization of
            agricultural commodities and other foodstuffs) and
            support the organizing of a world food conference under
            United Nations auspices in 1974;
              (2) request the member nations of the General
            Agreement on Tariffs and Trade to explore the means of
            assuring equitable access by all nations to national
            markets and mineral and agricultural resources;
              (3) Consult and cooperate with appropriate
            international agencies, such as the Food and
            Agricultural Organization of the United Nations, in
            determining the need for, the feasibility of, and cost
            of an equitably-shared basis of, establishing an
            international system of strategic food reserves; and
              (4) report his findings and recommendations to the
            Congress on the implementation of this section no later
            than December 31, 1974.
        (b) It is further the sense of the Congress that--
              (1) in making assessments which would affect or
            relate to the level of domestic production, the
            Executive Branch should include in the estimates of
            overall utilization the expected demands for
            humanitarian food assistance through such programs as
            are carried out under the Agricultural Trade
            Development and Assistance Act of 1954 (Public Law
            480); and
              (2) legislation providing increased flexibility for
            responding to emergency and humanitarian requirements
            for food assistance should be considered as promptly as
            possible to the end that the last sentence of section
            401 of the Agricultural Trade Development and
            Assistance Act of 1954 (Public Law 480), may be amended
            by striking the period and inserting in lieu thereof a
            comma and the following: ``unless the Secretary
            determines that some part of the exportable supply
            should be used to carry out the national interest and
            humanitarian objectives of this Act.''

                          USE OF LOCAL CURRENCIES \16\

        Sec. 40.\17\ Effective July 1, 1974, no amount of any
    foreign currency (including principal and interest from loan
    repayments) which accrues in connection with any sale for
    foreign currency under any provision of law may be used under
    any agreement entered into after the date of the enactment of
    this Act, or any revision or extension entered into after such
    date of any prior or subsequent agreement, to provide any
    assistance to any foreign country to procure equipment,
    materials, facilities, or services for the common defense,
    including internal security unless such agreement is
    specifically authorized by legislation enacted after such date.
    ---------------------------------------------------------------------------
        \16\ See also Mutual Security Act of 1954, as amended (Public Law
    83-665; 68 Stat. 832), sec. 502, Use of Foreign Currencies, in
    Legislation on Foreign Relations Through 2000, vol. I-B.
        \17\ 22 U.S.C. 2151 note.
                       hh. Foreign Assistance Act of 1971

      Partial text of Public Law 92-226 [S. 2819], 86 Stat. 20, approved
                                February 7, 1972

       AN ACT To amend the Foreign Assistance Act of 1961, and for other
                                   purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Foreign Assistance Act of 1971''.

              Note.--Except for the provisions quoted here, the
            Foreign Assistance Act of 1971 consists of amendments
            to the Foreign Assistance Act of 1961, the Foreign
            Military Sales Act, the 1971 Act to amend the FMS Act,
            the Act to authorize participation by the United States
            in the Interparliamentary Union, the Joint Resolution
            to authorize participation by the United States in
            parliamentary conferences of the North Atlantic Treaty
            Organization, Part IV of the Foreign Assistance Act of
            1969, the Act to provide certain basic authority for
            the Department of State, the United States Information
            and Educational Exchange Act of 1948, the Special
            Foreign Assistance Act of 1971, and Public Law 89-367
            (Armed Forces Appropriation Authorization, 1966).

                             FOOD-FOR-PEACE PROGRAM

        Sec. 2.\1\ It is the sense of the Congress that funds to
    administer the food-for-peace program should not be reduced as
    the result of any reduction in the authorizations provided to
    carry out the Foreign Assistance Act of 1961.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note. See also the Food for Peace Act of 1966
    (Public Law 89-808; 80 Stat. 1526), in Legislation on Foreign Relations
    Through 2000, vol. I-B.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 304. * * *
        (c) * * *
        (3) The provisions of this subsection \2\ and section 657
    of such Act, as added by subsection (b) of this Act, shall
    apply with respect to each fiscal year commencing on or after
    July 1, 1971.
    ---------------------------------------------------------------------------
        \2\ This subsection provided that the definition of ``Value''
    appearing in sec. 644(m) was not applicable when the word ``Value'' was
    used in sec. 657.
    ---------------------------------------------------------------------------

                       PART IV--MISCELLANEOUS PROVISIONS

              * * * * * * *
        Sec. 403. Paragraph (9) of section 5314 of title 5, United
    States Code, relating to level III of the Executive Schedule,
    is amended by inserting before the period at the end thereof
    the following: ``and an Under Secretary of State for
    Coordinating Security Assistance Programs''.
              * * * * * * *
        Sec. 407.\3\ (a) It is the purpose of this section to
    enable the Congress generally, and the Committee on Foreign
    Relations of the Senate and the Committee on Foreign Affairs of
    the House of Representatives in particular, to carry out the
    purposes and intent of the Legislative Reorganization Acts of
    1946 and 1970, with respect to--
    ---------------------------------------------------------------------------
        \3\ See also sec. 15 of the State Department Basic Authorities Act
    of 1956 (Public Law 84-885; 70 Stat. 890), and sec. 701 of the United
    States Information and Education Exchange Act of 1948 (Public Law 80-
    402; 62 Stat. 6), in Legislation on Foreign Relations Through 2000,
    vol. II, sec. E.
    ---------------------------------------------------------------------------
              (1) the analysis, appraisal, and evaluation of the
            application, administration, and execution of the laws
            relating to the Department of State and the United
            States Information Agency and of matters relating to
            the foreign relations of the United States; and
              (2) providing periodic authorizations of
            appropriations for that Department and Agency.
              * * * * * * *
        Sec. 410.\4\ The Congress strongly urges the President to
    undertake such negotiations as may be necessary to implement
    that portion of the recommendations of the Report of the
    President's Commission for the Observance of the Twenty-fifth
    Anniversary of the United Nations (known as the ``Lodge
    Commission'') which proposes that the portion of the regular
    assessed costs to be paid by the United States to the United
    Nations be reduced so that the United States is assessed in
    each year not more than 25 per centum of such costs assessed
    all members of the United Nations for that year.
    ---------------------------------------------------------------------------
        \4\ See also Appropriations Limitation on Contributions to
    International Organizations (Public Law 92-544; 86 Stat. 1109),
    Legislation on Foreign Relations Through 2000, vol. II, sec. H.
             ii. Special Foreign Assistance Act of 1971, as amended

    Partial text of Public Law 91-652 [H.R. 19911), 84 Stat. 1942, approved
     January 5, 1971, as amended by Public Law 92-226 [Foreign Assistance
       Act of 1971, S. 2819], 86 Stat. 27, 35, approved February 7, 1972

              Note.--Except for the provisions noted below, the
            Special Foreign Assistance Act of 1971 consists of
            amendments to the Foreign Assistance Act of 1961.

    AN ACT To provide additional foreign assistance authorizations, and for
                                other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Special Foreign Assistance Act of
    1971''.
        Sec. 2. There are authorized to be appropriated to the
    President for the fiscal year 1971 not to exceed--
              (1) $85,000,000 for additional military assistance
            and $70,000,000 for special economic assistance for
            Cambodia;
              (2) $100,000,000 for economic and military assistance
            programs to replace funds which were transferred by the
            President for use in Cambodia;
              (3) $150,000,000 for additional military assistance
            for the Republic of Korea;
              (4) $30,000,000 for additional military assistance
            for Jordan;
              (5) $3,000,000 for additional military assistance for
            Indonesia and $10,000,000 to replace funds transferred
            from other programs for use in Indonesia;
              (6) $5,000,000 for additional military assistance for
            Lebanon;
              (7) $65,000,000 for additional supporting assistance
            for Vietnam; and
              (8) $17,000,000 for additional general military
            assistance to compensate for a shortage in anticipated
            recovery of funds from past years' programs.
        Sec. 3.\1\ The President is authorized, until June 30,
    1972, to transfer to the Republic of Korea such defense
    articles located in Korea and belonging to the Armed Forces of
    the United States on July 1, 1970, as he may determine, except
    that no funds heretofore or hereafter appropriated under this
    Act or the Foreign Assistance Act of 1961 shall be available
    for reimbursement to any agency of the United States Government
    for any transfer made pursuant to this section.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2302 note.
    ---------------------------------------------------------------------------
        Sec. 4. Except as otherwise provided in this Act, any
    assistance furnished out of funds appropriated under section 2
    of this Act and any transfer made under section 3 of this Act
    shall be furnished or transferred, as the case may be, in
    accordance with all of the purposes and limitations applicable
    by statute to that type of assistance or transfer under the
    Foreign Assistance Act of 1961 (including the provisions of
    section 652 of such Act, as added by section 8 of this Act).
              * * * * * * *
        Sec. 6. (a) * * *
        (b) \2\ Excess foreign currencies held in Pakistan not
    allocated on the date of enactment of this section are
    authorized to be appropriated for a period of one year from
    such date of enactment to help Pakistan withstand the disaster
    which has occurred.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2261 note.
    ---------------------------------------------------------------------------
        Sec. 7.\3\ (a) In line with the expressed intention of the
    President of the United States, none of the funds authorized or
    appropriated pursuant to this or any other Act may be used to
    finance the introduction of United States ground combat troops
    into Cambodia, or to provide United States advisers to or for
    military, paramilitary, police, or other security or
    intelligence forces \4\ in Cambodia.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2411 note.
        \4\ The words ``military, paramilitary, police, or other security
    or intelligence forces'' were inserted in lieu of ``Cambodian military
    forces'' by sec. 408 of the Foreign Assistance Act of 1971 (Public Law
    92-226; 86 Stat. 20).
    ---------------------------------------------------------------------------
        (b) Military and economic assistance provided by the United
    States to Cambodia and authorized or appropriated pursuant to
    this or any other Act shall not be construed as a commitment by
    the United States to Cambodia for its defense.
              * * * * * * *
          jj. Foreign Military Sales Act Amendments, 1971, as amended

    Partial text of Public Law 91-672 [H.R. 15628], 84 Stat. 2053, approved
     January 12, 1971, as amended by Public Law 92-226 [Foreign Assistance
      Act of 1971, S. 2819], 86 Stat. 20, 33, approved February 7, 1972;
     Public Law 93-189 [Foreign Assistance Act of 1973, S. 1443], 87 Stat.
       714, 729, approved December 17, 1973; Public Law 93-559 [Foreign
        Assistance Act of 1974, S. 3394], 88 Stat. 1795, 1799, approved
    December 31, 1974; Public Law 94-329 [International Security Assistance
        and Arms Export Control Act of 1976, H.R. 13680], 90 Stat. 729,
       approved June 30, 1976; Public Law 95-384 [International Security
        Assistance Act of 1978, S. 3075], 92 Stat. 730 at 747, approved
     September 26, 1978; and by Public Law 97-113 [International Security
      and Development Cooperation Act of 1981, S. 1196], 95 Stat. 1579 at
                        1560, approved December 29, 1981

    AN ACT To amend the Foreign Military Sales Act, and for other purposes.

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

              Note.--Sections 1-4 of this Act amend the Foreign
            Military Sales Act (Arms Export Control Act), Public
            Law 90-629, October 22, 1968.

              * * * * * * *
        Sec. 5.\1\ It is the sense of Congress that (1) the
    President should continue to press forward urgently with his
    efforts to negotiate with the Soviet Union and other powers a
    limitation on arms shipments to the Middle East, (2) the
    President should be supported in his position that arms will be
    made available and credits provided to Israel and other
    friendly states, to the extent that the President determines
    such assistance to be needed in order to meet threats to the
    security and independence of such states, and (3) if the
    authorization provided in the Foreign Military Sales Act, as
    amended, should prove to be insufficient to effectuate this
    stated policy, the President should promptly submit to the
    Congress requests for an appropriate supplementary
    authorization and appropriation.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2751 note.
    ---------------------------------------------------------------------------
        Sec. 6.\1\ It is the sense of the Congress that--
              (1) the President should immediately institute a
            thorough and comprehensive review of the military aid
            programs of the United States, particularly with
            respect to the military assistance and sales operations
            of the Department of Defense, and
              (2) the President should take such actions as may be
            appropriate--
                      (A) to initiate multilateral discussions
                    among the United States, the Union of Soviet
                    Socialist Republics, Great Britain, France,
                    West Germany, Italy and other countries on the
                    control of the worldwide trade in armaments,
                      (B) to commence a general debate in the
                    United Nations with respect to the control of
                    the conventional arms trade, and
                      (C) to use the power and prestige of his
                    office to signify the intention of the United
                    States to work actively with all nations to
                    check and control the international sales and
                    distribution of conventional weapons of death
                    and destruction.
        Sec. 7.\2\ * * *
    ---------------------------------------------------------------------------
        \2\ Sec. 7, which prohibited the sale, grant, loan, or transfer of
    any international fighter aircraft by the United States to any foreign
    country other than South Vietnam without specific authorization made in
    accordance with the Foreign Assistance Act of 1961 or the Foreign
    Military Sales Act, was repealed by sec. 734(a)(15) of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1560).
    ---------------------------------------------------------------------------
        Sec. 8.\3\ (a) \4\ * * * [Repealed--1976]
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2321b.
        \4\ Subsecs. (a), (b), (c), and (e) of sec. 8, which related to
    excess defense articles, were repealed by sec. 210(c)(2) of the
    International Security Assistance and Arms Export Control Act of 1976.
    Sec. 210(c)(2) further stated, ``All funds in the suspense account
    referred to in subsection (a) of such section on July 1, 1976, shall be
    transferred to the general fund of the Treasury.''
    ---------------------------------------------------------------------------
        (b) \4\ * * * [Repealed--1976]
        (c) \4\ * * * [Repealed--1976]
        (d) The President shall promptly and fully inform the
    Speaker of the House of Representatives and the Committee on
    Foreign Relations and the Committee on Appropriations of the
    Senate of each decision to furnish on a grant basis to any
    country excess defense articles which are major weapons systems
    to the extent such major weapons system was not included in the
    presentation material previously submitted to the Congress. The
    annual presentation materials for security assistance programs
    shall include a table listing by country the total value of all
    deliveries of excess defense articles, disclosing both the
    aggregate original acquisition cost and the aggregate value at
    the time of delivery.\5\
    ---------------------------------------------------------------------------
        \5\ This report, which was originally required on a quarterly
    basis, was changed to an annual report by sec. 29(a) of the
    International Security Assistance Act of 1978 (Public Law 95-384; 92
    Stat. 747).
    ---------------------------------------------------------------------------
        (e) \4\ * * * [Repealed--1976]
        Sec. 9.\6\ * * * [Repealed--1973]
    ---------------------------------------------------------------------------
        \6\ Sec. 9, which related to any transfer of a defense article to
    another country, was repealed by sec. 26(4) of the FA Act of 1973
    (Public Law 93-189; 87 Stat. 714).
    ---------------------------------------------------------------------------
        Sec. 10.\7\ (a) Notwithstanding any provision of law
    enacted before the date of enactment of this section, no money
    appropriated for foreign assistance (including foreign military
    sales) shall be available for obligation or expenditure--
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 2412.
    ---------------------------------------------------------------------------
              (1) unless the appropriation thereof has been
            previously authorized by law; or
              (2) in excess of an amount previously prescribed by
            law.
        (b) To the extent that legislation enacted after the making
    of an appropriation for foreign assistance (including foreign
    military sales) authorizes the obligation or expenditure
    thereof, the limitation contained in subsection (a) shall have
    no effect.
        (c) The provisions of this section shall not be superseded
    except by a provision of law enacted after the date of
    enactment of this section which specifically repeals or
    modifies the provisions of this section.
        Sec. 11.\8\ For purposes of sections 8 and 9--
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 2321c.
    ---------------------------------------------------------------------------
              (1) ``defense article'' and ``excess defense
            articles'' have the same meanings as given them in
            section 644 (d) and (g), respectively, of the Foreign
            Assistance Act of 1961; and
              (2) ``foreign country'' includes any department,
            agency, or independent establishment of the foreign
            country.
        Sec. 12. The joint resolution entitled ``Joint resolution
    to promote the maintenance of international peace and security
    in Southeast Asia'' approved August 10, 1964 (78 Stat. 384;
    Public Law 88-408), is terminated effective upon the day that
    the second session of the Ninety-first Congress is last
    adjourned.
        Sec. 13.\9\ No funds authorized or appropriated pursuant to
    this or any other law may be used to transport chemical
    munitions from the Island of Okinawa to the United States. Such
    funds as are necessary for the detoxification or destruction of
    the above described chemical munitions are hereby authorized
    and shall be used for the detoxification or destruction of
    chemical munitions only outside the United States. For purposes
    of this section, the term ``United States'' means the several
    States and the District of Columbia.
    ---------------------------------------------------------------------------
        \9\ 50 U.S.C. 1512 note.
                 kk. Foreign Assistance Act of 1969, as amended

    Partial text of Public Law 91-175 [H.R. 14480], 83 Stat. 805, approved
    December 30, 1969, as amended by Public Law 92-226 [Foreign Assistance
      Act of 1971, S. 2819], 86 Stat. 20, 34, approved February 7, 1972;
      Public Law 95-105 [Foreign Relations Authorization Act, Fiscal Year
    1978; H.R. 6689], 91 Stat. 844 at 859, approved August 17, 1977; Public
    Law 97-241 [Department of Defense Authorization Act, 1983; S. 1193], 96
         Stat. 273 at 297, approved August 24, 1982; Public Law 98-164
      [Department of State Authorization Act, Fiscal Years 1984 and 1985,
     H.R. 2915], 97 Stat. 1017 at 1051, approved November 22, 1983; Public
     Law 99-83 [International Security and Development Cooperation Act of
    1985, S. 960], 99 Stat. 190 at 247, approved August 8, 1985; Public Law
      99-529 [Special Foreign Assistance Act of 1986, S. 1917], 100 Stat.
    3010, approved October 24, 1986; Public Law 101-246 [Foreign Relations
    Authorization Act for Fiscal Years 1990 and 1991; H.R. 3792], 104 Stat.
     15, approved February 16, 1990; Public Law 102-138 [Foreign Relations
    Authorization Act for Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat.
      647, approved October 28, 1991; and by Public Law 106-113 [Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
          2000; H.R. 3422, enacted by reference in sec. 1000(a)(2) of
     Consolidated Appropriations Act for Fiscal Year 2000; H.R. 3194], 113
                     Stat. 1501, approved November 29, 1999

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

    --------------------------------------------------------------------------------------------------------------------------------------------------------
                               Note.--Except for Part IV, which related to the Inter-American Social Development Institute (title
                              changed to The Inter-American Foundation Act by sec. 406(1) of the FA Act of 1971) and Part V, which
                              related to amendments to other acts, the Foreign Assistance Act of 1969 consisted of amendments to the
                              Foreign Assistance Act of 1961, as amended.
                             Section 586 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000
                              (H.R. 3422, enacted by reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535), authorized
                              the President to abolish the Inter-American Foundation and made conforming amendments to legislation
                              related to the Inter-American Foundation to reflect the abolishment. These amendments are to be
                              effective and executed only after the Director of the Office of Management and Budget transmits to
                              Congress a certification that responsibilities delegated to the Director, primarily that of
                              administering and winding-up any outstanding obligations of the Inter-American Foundation, have been
                              fully discharged.
                             That certification and subsequent administration have not yet been executed. Upon execution of these
                              requirements, sec. 586(c)(2) of the Foreign Operations, Export Financing, and Related Programs
                              Appropriations Act, 2000 (H.R. 3422, enacted by reference in sec. 1000(a)(2) of Public Law 106-113;
                              113 Stat. 1535), will repeal sec. 401 of this Act.
    --------------------------------------------------------------------------------------------------------------------------------------------------------

              * * * * * * *

                 PART IV--THE INTER-AMERICAN FOUNDATION ACT \1\

        Sec. 401.\2\ Inter-American Foundation.--(a) There is
    created as an agency of the United States of America a body
    corporate to be known as the Inter-American Foundation
    (hereinafter in this section referred to as the
    ``Foundation'').\3\
    ---------------------------------------------------------------------------
        \1\ Sec. 406(1) of the Foreign Assistance Act of 1971 (Public Law
    92-226; 86 Stat. 20), inserted the title ``Part IV--The Inter-American
    Foundation Act'' in lieu of ``Part IV--Inter-American Social
    Development Institute''.
        \2\ 22 U.S.C. 290f. Sec. 586(c)(2) of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 2000 (H.R.
    3422, enacted by reference in sec. 1000(a)(2) of Public Law 106-113;
    113 Stat. 1535), will repeal sec. 401 upon execution of the
    requirements of sec. 586.
        \3\ The caption of sec. 401 and subsec. (a) thereof, which were
    amended by sec. 406(2) of the Foreign Assistance Act of 1971, (Public
    Law 92-226; 86 Stat. 20), formerly read as follows: ``Inter-American
    Social Development Institute.--(a) There is created as an agency of the
    United States of America a body corporate to be known as the `Inter-
    American Social Development Institute' (hereafter in this section
    referred to as `Institute').''.
    ---------------------------------------------------------------------------
        (b) The future of freedom, security, and economic
    development in the Western Hemisphere rests on the realization
    that man is the foundation of all human progress. It is the
    purpose of this section to provide support for developmental
    activities designed to achieve conditions in the Western
    Hemisphere under which the dignity and the worth of each human
    person will be respected and under which all men will be
    afforded the opportunity to develop their potential, to seek
    through gainful and productive work the fulfillment of their
    aspirations for a better life, and to live in justice and
    peace. To this end, it shall be the purpose of the
    Foundation,\4\ primarily in cooperation with private, regional,
    and international organizations, to--
    ---------------------------------------------------------------------------
        \4\ Sec. 406(3) of the Foreign Assistance Act of 1971 (Public Law
    92-226; 86 Stat. 20), amended sec. 401 by substituting ``Foundation''
    in lieu of ``Institute'' wherever it appeared.
    ---------------------------------------------------------------------------
              (1) strengthen the bonds of friendship and
            understanding among the peoples of this hemisphere;
              (2) support self-help efforts designed to enlarge the
            opportunities for individual development;
              (3) stimulate and assist effective and ever wider
            participation of the people in the development process;
              (4) encourage the establishment and growth of
            democratic institutions, private and governmental,
            appropriate to the requirements of the individual
            sovereign nations of this hemisphere.
    In pursuing these purposes, the Foundation shall place primary
    emphasis on the enlargement of educational opportunities at all
    levels, the production of food and the development of
    agriculture, and the improvement of environmental conditions
    relating to health, maternal and child care, family planning,
    housing, free trade union development, and other social and
    economic needs of the people.
        (c) The Foundation shall carry out the purposes set forth
    in subsection (b) of this section primarily through and with
    private organizations, individuals, and international
    organizations by undertaking or sponsoring appropriate research
    and by planning, initiating, assisting, financing,
    administering, and executing programs and projects designed to
    promote the achievement of such purposes.
        (d) In carrying out its functions under this section, the
    Foundation shall, to the maximum extent possible, coordinate
    its undertakings with the developmental activities in the
    Western Hemisphere of the various organs of the Organization of
    American States, the United States Government, international
    organizations, and other entities engaged in promoting social
    and economic development of Latin America.
        (e) The Foundation, as a corporation--
              (1) shall have perpetual succession unless sooner
            dissolved by an Act of Congress;
              (2) may adopt, alter, and use a corporate seal, which
            shall be judicially noticed;
              (3) may make and perform contracts and other
            agreements with any individual, corporation, or other
            body of persons however designated whether within or
            without the United States of America, and with any
            government or governmental agency, domestic or foreign;
              (4) \5\ shall determine and prescribe the manner in
            which its obligations shall be incurred and its
            expenses, including expenses for representation (not to
            exceed $10,000 in any fiscal year), allowed and paid;
    ---------------------------------------------------------------------------
        \5\ Sec. 401(e)(4) was amended by sec. 406(4) of the Foreign
    Assistance Act of 1971 (Public Law 92-226; 86 Stat. 20). It formerly
    read as follows: ``(4) shall determine and prescribe the manner in
    which its obligations shall be incurred and its expenses allowed and
    paid;''.
    ---------------------------------------------------------------------------
              (5) may, as necessary for the transaction of the
            business of the Foundation, employ, and fix the
            compensation of not to exceed one hundred persons at
            any one time;
              (6) may acquire by purchase, devise, bequest, or
            gift, or otherwise lease, hold, and improve, such real
            and personal property as it finds to be necessary to
            its purposes, whether within or without the United
            States, and in any manner dispose of all such real and
            personal property held by it and use as general funds
            all receipts arising from the disposition of such
            property;
              (7) shall be entitled to the use of the United States
            mails in the same manner and on the same conditions as
            the executive departments of the Government;
              (8) may, with the consent of any board, corporation,
            commission, independent establishment, or executive
            department of the Government, including any field
            service thereof, avail itself of the use of
            information, services, facilities, officers, and
            employees thereof in carrying out the provisions of
            this section;
              (9) may accept money, funds, property, and services
            of every kind by gift, devise, bequest, grant, or
            otherwise, and make advances, grants, and loans to any
            individual, corporation, or other body of persons,
            whether within or without the United States of America,
            or to any government or governmental agency, domestic
            or foreign, when deemed advisable by the Foundation in
            furtherance of its purposes;
              (10) may sue and be sued, complain, and defend, in
            its corporate name in any court of competent
            jurisdiction; and
              (11) shall have such other powers as may be necessary
            and incident to carrying out its powers and duties
            under this section.
        (f) Upon termination of the corporate life of the
    Foundation all of its assets shall be liquidated and, unless
    otherwise provided by Congress, shall be transferred to the
    United States Treasury as the property of the United States.
        (g) The management of the Foundation shall be vested in a
    board of directors (hereafter in this section referred to as
    the ``Board'') composed of nine \6\ members appointed by the
    President, by and with the advice and consent of the Senate,
    one of whom he shall designate to serve as Chairman of the
    Board and one of whom he shall designate to serve as Vice
    Chairman of the Board. Six members of the Board shall be
    appointed from private life. Three members of the Board shall
    be appointed from among officers or employees of agencies of
    the United States concerned with inter-American affairs.
    Members of the Board shall be appointed for terms of six years,
    except that of the members first appointed two shall be
    appointed for terms of two years and two shall be appointed for
    terms of four years, as designated by the President at the time
    of their appointment. A member of the Board appointed to fill a
    vacancy occurring prior to the expiration of the term for which
    his predecessor was appointed shall be appointed only for the
    remainder of such term; but upon the expiration of his term of
    office a member shall continue to serve until his successor is
    appointed and shall have qualified. Members of the Board shall
    be eligible for reappointment. All individuals appointed to the
    Board shall possess an understanding of and sensitivity to
    community level development processes. No more than 5 members
    of the Board may be members of any one political party.\7\
    ---------------------------------------------------------------------------
        \6\ Sec. 403(a) of Public Law 99-529 (100 Stat. 3010) added
    ``nine'' and ``six'', respectively, in lieu of ``seven'' and ``four''.
        \7\ Sec. 173(b)(1) of the Foreign Relations Authorization Act,
    Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 679), added
    the last sentence. Subpar. (2) of that section further provided that:
    ``The requirements established by the amendment made by paragraph (1)
    do not affect appointments made to the Board of the Inter-American
    Foundation before the date of enactment of this Act.''.
    ---------------------------------------------------------------------------
        (h) Members of the Board shall serve without additional
    compensation, but shall be reimbursed for travel expenses,
    including per diem, in lieu of subsistence, in accordance with
    section 5703 of title 5, United States Code,\8\ while engaged
    in their duties on behalf of the corporation.
    ---------------------------------------------------------------------------
        \8\ The words ``travel expenses, including per diem in lieu of
    subsistence, in accordance with section 5703 of title 5, United States
    Code'' were inserted in lieu of ``actual and necessary expenses not in
    excess of $50 per day, and for transportation expenses'' by sec. 501(b)
    of Public Law 97-241 (96 Stat. 297).
    ---------------------------------------------------------------------------
        (i) The Board shall direct the exercise of all the powers
    of the Foundation.
        (j) The Board may prescribe, amend, and repeal bylaws,
    rules, and regulations governing the manner in which the
    business of the Foundation may be conducted and in which the
    powers granted to it by law may be exercised and enjoyed. A
    majority of the Board shall be required as a quorum.
        (k) In furtherance and not in limitation of the powers
    conferred upon it, the Board may appoint such committees for
    the carrying out of the work of the Foundation as the Board
    finds to be for the best interests of the Foundation, each
    committee to consist of two or more members of the Board, which
    committees, together with officers and agents duly authorized
    by the Board and to the extent provided by the Board, shall
    have and may exercise the powers of the Board in the management
    of the business and affairs of the Foundation.
        (l) \9\ (1) The chief executive officer of the Foundation
    shall be a President who shall be appointed by the Board of
    Directors on such terms as the Board may determine. The
    President shall receive compensation at the rate provided for
    level IV of the Executive Schedule under section 5315 of title
    5, United States Code.
    ---------------------------------------------------------------------------
        \9\ Sec. 406(5) of the Foreign Assistance Act of 1971 (Public Law
    92-226; 86 Stat. 20), amended sec. 401(1), which formerly read as
    follows: ``(1) The chief executive officer of the Institute shall be an
    Executive Director who shall be appointed by the Board of Directors on
    such terms as the Board may determine. The Executive Director shall
    receive compensation at the rate provided for level IV of the Executive
    Schedule under section 5315 of title V, United States Code.''
    ---------------------------------------------------------------------------
        (2) Experts and consultants, or organizations thereof, may
    be employed as authorized by section 3109 of title 5, United
    States Code.
        (m) In order to further the purposes of the Foundation
    there shall be established a Council to be composed of such
    number of individuals as may be selected by the Board from
    among individuals knowledgeable concerning developmental
    activities in the Western Hemisphere. The Board shall, from
    time to time, consult with the Council concerning the
    objectives of the Foundation. Members of the Council shall
    receive no compensation for their services but shall be
    entitled to reimbursement in accordance with section 5703 of
    title 5, United States Code, for travel and other expenses
    incurred by them in the performance of their functions under
    this subsection.
        (n) The Foundation shall be a nonprofit corporation and
    shall have no capital stock. No part of its revenue, earnings,
    or other income or property shall inure to the benefit of its
    directors, officers, and employees and such revenue, earnings,
    or other income, or property shall be used for the carrying out
    of the corporate purposes set forth in this section. No
    director, officer, or employee of the corporation shall in any
    manner directly or indirectly participate in the deliberation
    upon or the determination of any question affecting his
    personal interests or the interest of any corporation,
    partnership, or organization in which he is directly or
    indirectly interested.
        (o) When approved by the Foundation, in furtherance of its
    purpose, the officers and employees of the Foundation may
    accept and hold offices or positions to which no compensation
    is attached with governments or governmental agencies of
    foreign countries.
        (p) The Secretary of State shall have authority to detail
    employees of any agency under his jurisdiction to the
    Foundation under such circumstances and upon such conditions as
    he may determine. Any such employee so detailed shall not lose
    any privileges, rights, or seniority as an employee of any such
    agency by virtue of such detail.
        (q) \10\ The Foundation shall maintain its principal office
    in the metropolitan Washington, D.C., area. The Foundation may
    establish agencies, branch offices, or other offices in any
    place or places outside the United States in which the
    Foundation may carry on all or any of its operations and
    business.
    ---------------------------------------------------------------------------
        \10\ Sec. 173(c) of the Foreign Relations Authorization Act, Fiscal
    Years 1992 and 1993 (Public Law 102-138; 105 Stat. 680), amended and
    restated subsec. (q).
    ---------------------------------------------------------------------------
        (r) The Foundation, including its franchise and income,
    shall be exempt from taxation now or hereafter imposed by the
    United States, or any territory or possession thereof, or by
    any State, county, municipality, or local taxing authority.
        (s)(1) Notwithstanding any other provision of law, not to
    exceed an aggregate amount of $50,000,000 of the funds made
    available for the fiscal years 1970 and 1971 to carry out part
    I of the Foreign Assistance Act of 1961 shall be available to
    carry out the purposes of this section. Funds made available to
    carry out the purposes of this section under the preceding
    sentence are authorized to remain available until expended.
        (2) \11\ There are authorized to be appropriated
    $28,800,000 for the fiscal year 1992 and $31,000,000 for the
    fiscal year 1993 to carry out this section.
    ---------------------------------------------------------------------------
        \11\ Par. (2) was added by sec. 508 of the Foreign Relations
    Authorization Act, Fiscal Year 1978 (Public Law 95-426; 91 Stat. 859).
        The authorization figures for fiscal years 1992 and 1993 were added
    by sec. 173(a) of the Foreign Relations Authorization Act, Fiscal Years
    1992 and 1993 (Public Law 102-138; 105 Stat. 679).
        Authorizations provided in recent years under this section include
    the following: Fiscal year 1982--$12,000,000; fiscal year 1983--
    $12,800,000; fiscal year 1984--$16,000,000; fiscal year 1985--
    $16,000,000; fiscal year 1986--$11,969,000; fiscal year 1987--
    $11,969,000; fiscal year 1988--no authorization; fiscal year 1989--no
    authorization; fiscal year 1990--$16,932,000; fiscal year 1991--
    $25,000,000; fiscal years 1994 through 2001--no authorization.
        Congress did not enact an authorization for fiscal year 2000.
    Instead, title II of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on
    October 24, 2000, enacted by reference in sec. 101(a) of Public Law
    106-429; 114 Stat. 1900A-6), provided the following:
    ---------------------------------------------------------------------------

                            ``DEVELOPMENT ASSISTANCE

                        ``(INCLUDING TRANSFER OF FUNDS)
    ---------------------------------------------------------------------------
        ``For necessary expenses to carry out the provisions of sections
    103 through 106, and chapter 10 of part I of the Foreign Assistance Act
    of 1961, title V of the International Security and Development
    Cooperation Act of 1980 (Public Law 96-533) and the provisions of
    section 401 of the Foreign Assistance Act of 1969, $1,305,000,000, to
    remain available until September 30, 2002: Provided, That of the amount
    appropriated under this heading, up to $12,000,000 may be made
    available for and apportioned directly to the Inter-American
    Foundation: * * *''.
    ---------------------------------------------------------------------------
        (t) The Foundation shall be subject to the provisions of
    the Government Corporation Control Act.
        (u) \12\ When, with the permission of the Foundation, funds
    made available to a grantee under this section are invested
    pending disbursement, the resulting interest is not required to
    be deposited in the United States Treasury if the grantee uses
    the resulting interest for the purposes for which the grant was
    made. This subsection applies with respect to both interest
    earned before and interest earned after the enactment of this
    subsection.
    ---------------------------------------------------------------------------
        \12\ Subsec. (u) was added by sec. 501(c) of Public Law 97-241 (96
    Stat. 297).
    ---------------------------------------------------------------------------
      (v) \13\ Funds made available to the Foundation may be used
    for the expenses described in section 1345 of title 31 of the
    United States Code (relating to travel, transportation, and
    subsistence expenses for meetings).
    ---------------------------------------------------------------------------
        \13\ Sec. 173(d) of the Foreign Relations Authorization Act, Fiscal
    Years 1992 and 1993 (Public Law 102-138; 105 Stat. 680), added new
    subsecs. (v) and (w).
    ---------------------------------------------------------------------------
      (w) \13\ Funds made available to the Foundation may be used
    for printing and binding without regard to section 501 of title
    44, United States Code.

                        PART V--AMENDMENTS TO OTHER ACTS

              * * * * * * *
                       ll. Foreign Assistance Act of 1968

    Partial text of Public Law 90-554 [H.R. 15263], 82 Stat. 960, approved
                                October 8, 1968

              Note.--Except for Part IV, which relates to
            amendments to other acts, and Part V, which relates to
            reappraisal of foreign assistance programs, the Foreign
            Assistance Act of 1968 consists of amendments to the
            Foreign Assistance Act of 1961, as amended.

              * * * * * * *

               PART V--REAPPRAISAL OF FOREIGN ASSISTANCE PROGRAMS

                             DECLARATION OF POLICY

        Sec. 501. The Congress declares that, in view of changing
    world conditions and the continued need to make United States
    foreign assistance programs an effective implement of United
    States foreign policy, there should be a comprehensive review
    and reorganization of all United States foreign assistance
    programs, including economic development and technical
    assistance programs, military assistance and sales programs,
    and programs involving contributions and payments by the United
    States to international lending institutions and other
    international organizations concerned with the development of
    friendly foreign countries and areas.

                          REAPPRAISAL BY THE PRESIDENT

        Sec. 502. (a) In furtherance of the policy of this part,
    the President is requested to make a thorough and comprehensive
    reappraisal of United States foreign assistance programs, as
    described in section 501, and to submit to the Congress, on or
    before March 31, 1970, his recommendations for achieving such
    reforms in any reorganization of future foreign assistance
    programs as he determines to be necessary and appropriate in
    the national interest in the light of such reappraisal. The
    President is requested to submit to the Congress, on or before
    July 1, 1969, an interim report presenting any preliminary
    recommendations formulated by him pursuant to this section.
        (b) It is the sense of the Congress that the reappraisal
    provided for in subsection (a) should include, but not be
    limited to, an analysis and consideration of proposals
    concerning the establishment of a Government corporation or a
    federally chartered private corporation designed to mobilize
    and facilitate the use of United States private capital and
    skills in less developed friendly countries and areas,
    including whether such corporation should be authorized to--
              (1) utilize Government guarantees and funds as well
            as private funds;
              (2) seek, develop, promote, and underwrite new
            investment projects;
              (3) assist in transferring skills and technology to
            less developed friendly countries and areas; and
              (4) invest in the securities of development financing
            institutions and assist in the formation and expansion
            of local capital markets.
                       mm. Foreign Assistance Act of 1967

     Public Law 90-137 [S. 1872], 81 Stat. 445, approved November 14, 1967

              Note.--The Foreign Assistance Act of 1967 consists of
            amendments to the Foreign Assistance Act of 1961, the
            Joint Resolution to authorize participation by the
            United States in parliamentary conferences of the North
            Atlantic Treaty Organization, the Act to authorize
            participation by the United States in the
            Interparliamentary Union, and the Mutual Security Act
            of 1954.

                       nn. Foreign Assistance Act of 1966

     Public Law 89-583 [H.R. 15750], 80 Stat. 795, approved September 19,
                                      1966

              Note.--The Foreign Assistance Act of 1966 consists
            wholly of amendments to the Foreign Assistance Act of
            1961, as amended.

                       oo. Foreign Assistance Act of 1965

    Public Law 89-171 [H.R. 7750], 79 Stat. 653, approved September 6, 1965

              Note.--Except for Chapter 4, which relates to an
            amendment to section 107 of the Agricultural Trade
            Development and Assistance Act of 1954, the Foreign
            Assistance Act of 1965 consists of amendments to the
            Foreign Assistance Act of 1961, as amended.

                       pp. Foreign Assistance Act of 1964

    Partial text of Public Law 88-633 [H.R. 11380], 78 Stat. 1009, approved
                                October 7, 1964

              Note.--Except for the provision quoted here, the
            Foreign Assistance Act of 1964 consists of amendments
            to the Foreign Assistance Act of 1964, the Act to
            authorize participation by the United States in the
            Interparliamentary Union, and the Mutual Security Act
            of 1954.

              * * * * * * *

                         PART V--RELIGIOUS PERSECUTION

        Sec. 501.\1\ It is the sense of the Congress that the
    United States deeply believes in the freedom of religion for
    all people and is opposed to infringement of this freedom
    anywhere in the world. The Congress condemns the persecution of
    any persons because of their religion. It is further the sense
    of Congress that all persons should be permitted the free
    exercise of religion and the pursuit of their culture.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
                       qq. Foreign Assistance Act of 1963

    Public Law 88-205 [H.R. 7885], 77 Stat. 379, approved December 16, 1963

              Note.--The Foreign Assistance Act of 1963 consists of
            amendments to the Foreign Assistance Act of 1961, the
            Latin American Development Act, the Trade Expansion Act
            of 1962, the Agricultural Trade Development and
            Assistance Act of 1954, the Foreign Service Act of
            1946, the Act to provide certain basic authority for
            the Department of State, and the Act to authorize
            participation by the United States in parliamentary
            conferences of the North Atlantic Treaty Organization.

                       rr. Foreign Assistance Act of 1962

       Public Law 87-565 [S. 2996], 76 Stat. 255, approved August 1, 1962

              Note.--The Foreign Assistance Act of 1962 consists of
            amendments to the Foreign Assistance Act of 1961, the
            Act to provide certain basic authority for the
            Department of State, the Mutual Educational and
            Cultural Exchange Act of 1961, and the Act authorizing
            participation by the United States in the
            Interparliamentary Union.

                      2. Foreign Assistance Appropriations

         a. Foreign Operations, Export Financing, and Related Programs
                            Appropriations Act, 2001

     H.R. 5526, as introduced on October 24, 2000, enacted by reference in
    sec. 101(a) of Public Law 106-429 [H.R. 4811], 114 Stat. 1900, approved
                                November 6, 2000

    AN ACT Making appropriations for foreign operations, export financing,
    and related programs for the fiscal year ending September 30, 2001, and
                              for other purposes.

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

    --------------------------------------------------------------------------------------------------------------------------------------------------------
                            Note.--Fiscal year 2000 appropriations were continued into fiscal year 2001 in Public Law 106-275 (114
                             Stat. 808; approved September 29, 2000), as amended, pending final passage of several annual
                             appropriations bills including foreign assistance appropriations. Public Law 106-275, as amended, may
                             be found beginning at page 819.
    --------------------------------------------------------------------------------------------------------------------------------------------------------

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

    --------------------------------------------------------------------------------------------------------------------------------------------------------
                              Sec. 1403 of the Miscellaneous Appropriations Act, 2001 (H.R. 5666, enacted by reference in Public Law
                             106-554; 114 Stat. 2763A-171), rescinded total discretionary budget authority for fiscal year 2001 by
                             an amount of 0.22 percent. The section stated as follows:
                              ``Sec. 1403. (a) Government-Wide Rescissions.--There is hereby rescinded an amount equal to 0.22
                             percent of the discretionary budget authority provided (or obligation limit imposed) for fiscal year
                             2001 in this or any other Act for each department, agency, instrumentality, or entity of the Federal
                             Government, except for those programs, projects, and activities which are specifically exempted
                             elsewhere in this provision: Provided, That this exact reduction percentage shall be applied on a pro
                             rata basis only to each program, project, and activity subject to the rescission.
                              ``(b) Restrictions.--This reduction shall not be applied to the amounts appropriated in title I of
                             Public Law 106-259: Provided, That this reduction shall not be applied to the amounts appropriated in
                             division B of Public Law 106-246: Provided further, That this reduction shall not be applied to the
                             amounts appropriated under the Departments of Labor, Health and Human Services, and Education, and
                             Related Agencies Appropriations Act, 2001, as contained in this Act, or in prior Acts.
                              ``(c) Report.--The Director of the Office of Management and Budget shall include in the President's
                             budget submitted for fiscal year 2002 a report specifying the reductions made to each account pursuant
                             to this section.''.
    --------------------------------------------------------------------------------------------------------------------------------------------------------

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
        Section 101.\1\ (a) The provisions of H.R. 5526 of the
    106th Congress, as introduced on October 24, 2000, are hereby
    enacted into law.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151u note.
    ---------------------------------------------------------------------------
        (b) In publishing this Act in slip form and in the United
    States Statutes at Large pursuant to section 112 of title 1,
    United States Code, the Archivist of the United States shall
    include after the date of approval at the end an appendix
    setting forth the text of the bill referred to in subsection
    (a) of this section.
              * * * * * * *

                             APPENDIX A--H.R. 5526

    That the following sums are appropriated, out of any money in
    the Treasury not otherwise appropriated, for the fiscal year
    ending September 30, 2001, and for other purposes, namely:

                   TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                    EXPORT-IMPORT BANK OF THE UNITED STATES

        The Export-Import Bank of the United States is authorized
    to make such expenditures within the limits of funds and
    borrowing authority available to such corporation, and in
    accordance with law, and to make such contracts and commitments
    without regard to fiscal year limitations, as provided by
    section 104 of the Government Corporation Control Act, as may
    be necessary in carrying out the program for the current fiscal
    year for such corporation: Provided, That none of the funds
    available during the current fiscal year may be used to make
    expenditures, contracts, or commitments for the export of
    nuclear equipment, fuel, or technology to any country other
    than a nuclear-weapon state as defined in Article IX of the
    Treaty on the Non-Proliferation of Nuclear Weapons eligible to
    receive economic or military assistance under this Act that has
    detonated a nuclear explosive after the date of the enactment
    of this Act.

                             SUBSIDY APPROPRIATION

        For the cost of direct loans, loan guarantees, insurance,
    and tied-aid grants as authorized by section 10 of the Export-
    Import Bank Act of 1945, as amended, $865,000,000 to remain
    available until September 30, 2004: Provided, That such costs,
    including the cost of modifying such loans, shall be as defined
    in section 502 of the Congressional Budget Act of 1974:
    Provided further, That such sums shall remain available until
    September 30, 2019 for the disbursement of direct loans, loan
    guarantees, insurance and tied-aid grants obligated in fiscal
    years 2001, 2002, 2003, and 2004: Provided further, That none
    of the funds appropriated by this Act or any prior Act
    appropriating funds for foreign operations, export financing,
    or related programs for tied-aid credits or grants may be used
    for any other purpose except through the regular notification
    procedures of the Committees on Appropriations: Provided
    further, That funds appropriated by this paragraph are made
    available notwithstanding section 2(b)(2) of the Export Import
    Bank Act of 1945, in connection with the purchase or lease of
    any product by any East European country, any Baltic State or
    any agency or national thereof.

                            ADMINISTRATIVE EXPENSES

        For administrative expenses to carry out the direct and
    guaranteed loan and insurance programs, including hire of
    passenger motor vehicles and services as authorized by 5 U.S.C.
    3109, and not to exceed $30,000 for official reception and
    representation expenses for members of the Board of Directors,
    $62,000,000: Provided, That necessary expenses (including
    special services performed on a contract or fee basis, but not
    including other personal services) in connection with the
    collection of moneys owed the Export-Import Bank, repossession
    or sale of pledged collateral or other assets acquired by the
    Export-Import Bank in satisfaction of moneys owed the Export-
    Import Bank, or the investigation or appraisal of any property,
    or the evaluation of the legal or technical aspects of any
    transaction for which an application for a loan, guarantee or
    insurance commitment has been made, shall be considered
    nonadministrative expenses for the purposes of this heading:
    Provided further, That, notwithstanding subsection (b) of
    section 117 of the Export Enhancement Act of 1992, subsection
    (a) thereof shall remain in effect until October 1, 2001.\2\
    ---------------------------------------------------------------------------
        \2\ 12 U.S.C. 635a note.
    ---------------------------------------------------------------------------

                    OVERSEAS PRIVATE INVESTMENT CORPORATION

                               NONCREDIT ACCOUNT

        The Overseas Private Investment Corporation is authorized
    to make, without regard to fiscal year limitations, as provided
    by 31 U.S.C. 9104, such expenditures and commitments within the
    limits of funds available to it and in accordance with law as
    may be necessary: Provided, That the amount available for
    administrative expenses to carry out the credit and insurance
    programs (including an amount for official reception and
    representation expenses which shall not exceed $35,000) shall
    not exceed $38,000,000: Provided further, That project-specific
    transaction costs, including direct and indirect costs incurred
    in claims settlements, and other direct costs associated with
    services provided to specific investors or potential investors
    pursuant to section 234 of the Foreign Assistance Act of 1961,
    shall not be considered administrative expenses for the
    purposes of this heading.

                                PROGRAM ACCOUNT

        For the cost of direct and guaranteed loans, $24,000,000,
    as authorized by section 234 of the Foreign Assistance Act of
    1961 to be derived by transfer from the Overseas Private
    Investment Corporation noncredit account: Provided, That such
    costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That such sums shall be available for direct
    loan obligations and loan guaranty commitments incurred or made
    during fiscal years 2001 and 2002: Provided further, That such
    sums shall remain available through fiscal year 2010 for the
    disbursement of direct and guaranteed loans obligated in fiscal
    years 2001 and 2002: Provided further, That in addition, such
    sums as may be necessary for administrative expenses to carry
    out the credit program may be derived from amounts available
    for administrative expenses to carry out the credit and
    insurance programs in the Overseas Private Investment
    Corporation Noncredit Account and merged with said account.

                      Funds Appropriated to the President

                          TRADE AND DEVELOPMENT AGENCY

        For necessary expenses to carry out the provisions of
    section 661 of the Foreign Assistance Act of 1961, $50,000,000,
    to remain available until September 30, 2002.

                    TITLE II--BILATERAL ECONOMIC ASSISTANCE

                      Funds Appropriated to the President

        For expenses necessary to enable the President to carry out
    the provisions of the Foreign Assistance Act of 1961, and for
    other purposes, to remain available until September 30, 2001,
    unless otherwise specified herein, as follows:

                      AGENCY FOR INTERNATIONAL DEVELOPMENT

                    CHILD SURVIVAL AND DISEASE PROGRAMS FUND

        For necessary expenses to carry out the provisions of
    chapters 1 and 10 of part I of the Foreign Assistance Act of
    1961, for child survival, basic education, assistance to combat
    tropical and other infectious diseases, and related activities,
    in addition to funds otherwise available for such purposes,
    $963,000,000, to remain available until expended: Provided,
    That this amount shall be made available for such activities
    as: (1) immunization programs; (2) oral rehydration programs;
    (3) health and nutrition programs, and related education
    programs, which address the needs of mothers and children; (4)
    water and sanitation programs; (5) assistance for displaced and
    orphaned children; (6) programs for the prevention, treatment,
    and control of, and research on, tuberculosis, HIV/AIDS, polio,
    malaria and other infectious diseases; and (7) basic education
    programs for children: Provided further, That none of the funds
    appropriated under this heading may be made available for
    nonproject assistance, except that funds may be made available
    for such assistance for basic education and ongoing health
    programs: Provided further, That of the funds appropriated
    under this heading, not to exceed $125,000, in addition to
    funds otherwise available for such purposes, may be used to
    monitor and provide oversight of child survival, maternal
    health, and infectious disease programs: Provided further, That
    the following amounts should be allocated as follows:
    $295,000,000 for child survival and maternal health;
    $30,000,000 for vulnerable children; $300,000,000 for HIV/AIDS;
    $125,000,000 for other infectious diseases; $103,000,000 for
    children's basic education; and $110,000,000 for UNICEF:
    Provided further, That of the funds appropriated under this
    heading, up to $50,000,000 may be made available for a United
    States contribution to the Global Fund for Children's Vaccines,
    up to $10,000,000 may be made available for the International
    AIDS Vaccine Initiative, and up to $20,000,000 may be made
    available for a United States contribution to an international
    HIV/AIDS fund as authorized by subtitle B, title I of Public
    Law 106-264,\3\ or a comparable international HIV/AIDS fund.
    ---------------------------------------------------------------------------
        \3\ For text, see page 513.
    ---------------------------------------------------------------------------

                             DEVELOPMENT ASSISTANCE

        For necessary expenses to carry out the provisions of
    sections 103 through 106, and chapter 10 of part I of the
    Foreign Assistance Act of 1961, title V of the International
    Security and Development Cooperation Act of 1980 (Public Law
    96-533) and the provisions of section 401 of the Foreign
    Assistance Act of 1969, $1,305,000,000, to remain available
    until September 30, 2002: Provided, That of the amount
    appropriated under this heading, up to $12,000,000 may be made
    available for and apportioned directly to the Inter-American
    Foundation: Provided further, That of the amount appropriated
    under this heading, up to $16,000,000 may be made available for
    the African Development Foundation and shall be apportioned
    directly to that agency: Provided further, That none of the
    funds made available in this Act nor any unobligated balances
    from prior appropriations may be made available to any
    organization or program which, as determined by the President
    of the United States, supports or participates in the
    management of a program of coercive abortion or involuntary
    sterilization: Provided further, That none of the funds made
    available under this heading may be used to pay for the
    performance of abortion as a method of family planning or to
    motivate or coerce any person to practice abortions; and that
    in order to reduce reliance on abortion in developing nations,
    funds shall be available only to voluntary family planning
    projects which offer, either directly or through referral to,
    or information about access to, a broad range of family
    planning methods and services, and that any such voluntary
    family planning project shall meet the following requirements:
    (1) service providers or referral agents in the project shall
    not implement or be subject to quotas, or other numerical
    targets, of total number of births, number of family planning
    acceptors, or acceptors of a particular method of family
    planning (this provision shall not be construed to include the
    use of quantitative estimates or indicators for budgeting and
    planning purposes); (2) the project shall not include payment
    of incentives, bribes, gratuities, or financial reward to: (A)
    an individual in exchange for becoming a family planning
    acceptor; or (B) program personnel for achieving a numerical
    target or quota of total number of births, number of family
    planning acceptors, or acceptors of a particular method of
    family planning; (3) the project shall not deny any right or
    benefit, including the right of access to participate in any
    program of general welfare or the right of access to health
    care, as a consequence of any individual's decision not to
    accept family planning services; (4) the project shall provide
    family planning acceptors comprehensible information on the
    health benefits and risks of the method chosen, including those
    conditions that might render the use of the method inadvisable
    and those adverse side effects known to be consequent to the
    use of the method; and (5) the project shall ensure that
    experimental contraceptive drugs and devices and medical
    procedures are provided only in the context of a scientific
    study in which participants are advised of potential risks and
    benefits; and, not less than 60 days after the date on which
    the Administrator of the United States Agency for International
    Development determines that there has been a violation of the
    requirements contained in paragraph (1), (2), (3), or (5) of
    this proviso, or a pattern or practice of violations of the
    requirements contained in paragraph (4) of this proviso, the
    Administrator shall submit to the Committee on International
    Relations 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
    containing a description of such violation and the corrective
    action taken by the Agency: Provided further, That in awarding
    grants for natural family planning under section 104 of the
    Foreign Assistance Act of 1961 no applicant shall be
    discriminated against because of such applicant's religious or
    conscientious commitment to offer only natural family planning;
    and, additionally, all such applicants shall comply with the
    requirements of the previous proviso: Provided further, That
    for purposes of this or any other Act authorizing or
    appropriating funds for foreign operations, export financing,
    and related programs, the term ``motivate'', as it relates to
    family planning assistance, shall not be construed to prohibit
    the provision, consistent with local law, of information or
    counseling about all pregnancy options: Provided further, That
    nothing in this paragraph shall be construed to alter any
    existing statutory prohibitions against abortion under section
    104 of the Foreign Assistance Act of 1961: Provided further,
    That none of the funds appropriated under this heading may be
    made available for any activity which is in contravention to
    the Convention on International Trade in Endangered Species of
    Flora and Fauna (CITES): Provided further, That of the funds
    appropriated under this heading that are made available for
    assistance programs for displaced and orphaned children and
    victims of war, not to exceed $25,000, in addition to funds
    otherwise available for such purposes, may be used to monitor
    and provide oversight of such programs: Provided further, That
    of the aggregate amount of the funds appropriated by this Act
    to carry out part I of the Foreign Assistance Act of 1961 and
    the Support for East European Democracy (SEED) Act of 1989, not
    less than $310,000,000 should be made available for agriculture
    and rural development programs of which $30,000,000 should be
    made available for plant biotechnology research and
    development: Provided further, That not less than $2,300,000
    should be made available for core support for the International
    Fertilizer Development Center: Provided further, That of the
    funds appropriated under this heading, not less than $5,200,000
    shall be made available to AmeriCares for the construction,
    rehabilitation, and operation of community-based primary
    healthcare facilities in Nicaragua, Honduras, Guatemala, and El
    Salvador: Provided further, That of the funds appropriated
    under this heading, not less than $500,000 should be made
    available for support of the United States Telecommunications
    Training Institute: Provided further, That of the funds
    appropriated under this heading, not less than $17,000,000
    should be made available for the American Schools and Hospitals
    Abroad program: Provided further, That of the funds
    appropriated under this heading, not less than $2,000,000
    should be available to support an international media training
    center.

                                     CYPRUS

        Of the funds appropriated under the headings ``Development
    Assistance'' and ``Economic Support Fund'', not less than
    $15,000,000 shall be made available for Cyprus to be used only
    for scholarships, administrative support of the scholarship
    program, bicommunal projects, and measures aimed at
    reunification of the island and designed to reduce tensions and
    promote peace and cooperation between the two communities on
    Cyprus.

                                    LEBANON

        Of the funds appropriated under the headings ``Development
    Assistance'' and ``Economic Support Fund'', not less than
    $35,000,000 shall be made available for Lebanon to be used,
    among other programs, for scholarships and direct support of
    the American educational institutions in Lebanon.

                                     BURMA

        Of the funds appropriated under the headings ``Economic
    Support Fund'' and ``Development Assistance'', not less than
    $6,500,000 shall be made available to support democracy
    activities in Burma, democracy and humanitarian activities
    along the Burma-Thailand border, and for Burmese student groups
    and other organizations located outside Burma: Provided, That
    funds made available for Burma-related activities under this
    heading may be made available notwithstanding any other
    provision of law: Provided further, That the provision of such
    funds shall be made available subject to the regular
    notification procedures of the Committees on Appropriations.

                               CONSERVATION FUND

        Of the funds made available under the headings
    ``Development Assistance'' and ``Economic Support Fund'', not
    less than $4,000,000 should be made available to support the
    preservation of habitats and related activities for endangered
    wildlife.

                    PRIVATE AND VOLUNTARY ORGANIZATIONS \4\

        None of the funds appropriated or otherwise made available
    by this Act for development assistance may be made available to
    any United States private and voluntary organization, except
    any cooperative development organization, which obtains less
    than 20 percent of its total annual funding for international
    activities from sources other than the United States
    Government: Provided, That the Administrator of the Agency for
    International Development, after informing the Committees on
    Appropriations, may, on a case-by-case basis, waive the
    restriction contained in this paragraph, after taking into
    account the effectiveness of the overseas development
    activities of the organization, its level of volunteer support,
    its financial viability and stability, and the degree of its
    dependence for its financial support on the agency.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 2151u note.
    ---------------------------------------------------------------------------
        Funds appropriated or otherwise made available under title
    II of this Act should be made available to private and
    voluntary organizations at a level which is at least equivalent
    to the level provided in fiscal year 1995.

                     INTERNATIONAL DISASTER ASSISTANCE \5\

        For necessary expenses for international disaster relief,
    rehabilitation, and reconstruction assistance pursuant to
    section 491 of the Foreign Assistance Act of 1961, as amended,
    $165,000,000, to remain available until expended.
    ---------------------------------------------------------------------------
        \5\ See also title VI of this Act, providing emergency supplemental
    appropriations, including $135,000,000 for international disaster
    assistance, rehabilitation and reconstruction assistance for
    Mozambique, Madagascar, and southern Africa.
    ---------------------------------------------------------------------------

                             TRANSITION INITIATIVES

        For necessary expenses for international disaster
    rehabilitation and reconstruction assistance pursuant to
    section 491 of the Foreign Assistance Act of 1961, $50,000,000,
    to remain available until expended, to support transition to
    democracy and to long-term development of countries in crisis:
    Provided, That such support may include assistance to develop,
    strengthen, or preserve democratic institutions and processes,
    revitalize basic infrastructure, and foster the peaceful
    resolution of conflict: Provided further, That the United
    States Agency for International Development shall submit a
    report to the Committees on Appropriations at least 5 days
    prior to beginning a new program of assistance.

             MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM ACCOUNT

        For the cost of direct loans and loan guarantees,
    $1,500,000, as authorized by section 108 of the Foreign
    Assistance Act of 1961: Provided, That such costs shall be as
    defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That guarantees of loans made under this
    heading in support of microenterprise activities may guarantee
    up to 70 percent of the principal amount of any such loans
    notwithstanding section 108 of the Foreign Assistance Act of
    1961. In addition, for administrative expenses to carry out
    programs under this heading, $500,000, all of which may be
    transferred to and merged with the appropriation for Operating
    Expenses of the Agency for International Development: Provided
    further, That funds made available under this heading shall
    remain available until September 30, 2002.

                       DEVELOPMENT CREDIT PROGRAM ACCOUNT

                         (INCLUDING TRANSFER OF FUNDS)

        For the cost of direct loans and loan guarantees,
    $1,500,000, as authorized by section 635 of the Foreign
    Assistance Act of 1961: Provided, That such funds shall be made
    available only for urban and environmental programs: Provided
    further, That for the cost of direct loans and loan guarantees,
    up to $5,000,000 of funds appropriated by this Act under the
    heading ``Development Assistance'', may be transferred to and
    merged with funds appropriated under this heading to be made
    available for the purposes of part I of the Foreign Assistance
    Act of 1961: Provided further, That such costs shall be as
    defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That the provisions of section 107A(d)
    (relating to general provisions applicable to the Development
    Credit Authority) of the Foreign Assistance Act of 1961, as
    contained in section 306 of H.R. 1486 as reported by the House
    Committee on International Relations on May 9, 1997,\6\ shall
    be applicable to direct loans and loan guarantees provided
    under this heading. In addition, for administrative expenses to
    carry out credit programs administered by the Agency for
    International Development, $4,000,000, all of which may be
    transferred to and merged with the appropriation for Operating
    Expenses of the Agency for International Development: Provided
    further, That funds appropriated under this heading shall
    remain available until September 30, 2002.
    ---------------------------------------------------------------------------
        \6\ Sec. 306 of H.R. 1486, as reported by the House Committee on
    International Relations on May 9, 1997, sought to add a new sec. 107A
    to the Foreign Assistance Act of 1961. Subsec. (d) of that amendment
    provided as follows:
        ``(d) General Provisions Applicable to Development Credit
    Authority.--
    ---------------------------------------------------------------------------

              ``(1) Policy provisions.--In providing the credit assistance
            authorized by this section, the President should apply, as
            appropriate, the policy provisions in this part applicable to
            development assistance activities.
              ``(2) Default and procurement provisions.--

                      ``(A) default provision.--The provisions of section
                    620(q) of this Act, or any comparable provisions of
                    law, shall not be construed to prohibit assistance to a
                    country in the event that a private sector recipient of
                    assistance furnished under this section is in default
                    in its payment to the United States for the period
                    specified in such section.
                      ``(B) procurement provision.--Assistance may be
                    provided under this section without regard to section
                    604(a) of this Act.

              ``(3) Terms and conditions of credit assistance.--(A)
            Assistance provided under this section shall be offered on such
            terms and conditions, including fees charged, as the President
            may determine.
              ``(B) The principal amount of loans made or guaranteed under
            this section in any fiscal year, with respect to any single
            country or borrower, may not exceed $100,000,000.
              ``(C) No payment may be made under any guarantee issued under
            this section for any loss arising out of fraud or
            misrepresentation for which the party seeking payment is
            responsible.  80  ``(4) Full faith and credit.--All guarantees
            issued under this section shall constitute obligations, in
            accordance with the terms of such guarantees, of the United
            States of America and the full faith and credit of the United
            States of America is hereby pledged for the full payment and
            performance of such obligations to the extent of the guarantee.
              ``(5) Co-financing and risk sharing.--

                      ``(A) in general.--(i) Assistance provided under this
                    section shall be in the form of co-financing or risk
                    sharing.
                      ``(ii) Credit assistance may not be provided to a
                    borrower under this section unless the Administrator of
                    the United States Agency for International Development
                    determines that there are reasonable prospects of
                    repayment by such borrower.
                      ``(B) Additional requirement.--The investment or risk
                    of the United States in any one development activity
                    may not exceed 80 percent of the total outstanding
                    investment or risk.

              ``(6) Eligible borrowers.--

                      ``(A) in general.--In order to be eligible to receive
                    credit assistance under this section, a borrower shall
                    be sufficiently credit worthy so that the estimated
                    costs (as defined in section 502 of the Federal Credit
                    Reform Act of 1990) of the proposed credit assistance
                    for the borrower does not exceed 30 percent of the
                    principal amount of credit assistance to be received.
                      ``(B) additional requirement.--(i) In addition, with
                    respect to the eligibility of foreign governments as an
                    eligible borrowers under this section, the
                    Administrator of the United States Agency for
                    International Development shall make a determination
                    that the additional debt of the government will not
                    exceed the debt repayment capacity of the government.
                      ``(ii) In making the determination under clause (i),
                    the Administrator shall consult, as appropriate, with
                    international financial institutions and other
                    institutions or agencies that assess debt service
                    capacity.

              ``(7) Assessment of credit risk.--(A) The Administrator of
            the United States Agency for International Development shall
            use the Interagency Country Risk Assessment System (ICRAS) and
            the methodology approved by the Office of Management and Budget
            to assess the cost of risk credit assistance provided under
            this section to foreign governments.
              ``(B) With respect to the provision of credit to
            nongovernmental organizations, the Administrator--

                      ``(i) shall consult with appropriate private sector
                    institutions, including the two largest United States
                    private sector debt rating agencies, prior to
                    establishing the risk assessment standards and
                    methodologies to be used; and
                      ``(ii) shall periodically consult with such
                    institutions in reviewing the performance of such
                    standards and methodologies.

              ``(C) In addition, if the anticipated share of financing
            attributable to public sector owned or controlled entities,
            including the United States Agency for International
            Development, exceeds 49 percent, the Administrator shall
            determine the cost (as defined in section 502(5) of the Federal
            Credit Reform Act of 1990) of such assistance by using the cost
            and risk assessment determinations of the private sector co-
            financing entities.
              ``(8) Use of united states technology, firms, and
            equipment.--Activities financed under this section shall, to
            the maximum extent practicable, use or employ United States
            technology, firms, and equipment.''.

         PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND

        For payment to the ``Foreign Service Retirement and
    Disability Fund'', as authorized by the Foreign Service Act of
    1980, $44,489,000.

       OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT \7\

        For necessary expenses to carry out the provisions of
    section 667, $520,000,000: Provided, That none of the funds
    appropriated under this heading may be made available to
    finance the construction (including architect and engineering
    services), purchase, or long term lease of offices for use by
    the Agency for International Development, unless the
    Administrator has identified such proposed construction
    (including architect and engineering services), purchase, or
    long term lease of offices in a report submitted to the
    Committees on Appropriations at least 15 days prior to the
    obligation of these funds for such purposes: Provided further,
    That the previous proviso shall not apply where the total cost
    of construction (including architect and engineering services),
    purchase, or long term lease of offices does not exceed
    $1,000,000.
    ---------------------------------------------------------------------------
        \7\ See also title VI of this Act, providing emergency supplemental
    appropriations, including $13,000,000 for operating expenses of the
    Agency for International Development.
    ---------------------------------------------------------------------------

     OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT OFFICE
                              OF INSPECTOR GENERAL

        For necessary expenses to carry out the provisions of
    section 667, $27,000,000, to remain available until September
    30, 2002, which sum shall be available for the Office of the
    Inspector General of the Agency for International Development.

                      Other Bilateral Economic Assistance

                           ECONOMIC SUPPORT FUND \8\

        For necessary expenses to carry out the provisions of
    chapter 4 of part II, $2,295,000,000, to remain available until
    September 30, 2002: Provided, That of the funds appropriated
    under this heading, not less than $840,000,000 shall be
    available only for Israel, which sum shall be available on a
    grant basis as a cash transfer and shall be disbursed within 30
    days of the enactment of this Act or by October 31, 2000,
    whichever is later: Provided further, That not less than
    $695,000,000 shall be available only for Egypt, which sum shall
    be provided on a grant basis, and of which sum cash transfer
    assistance shall be provided with the understanding that Egypt
    will undertake significant economic reforms which are
    additional to those which were undertaken in previous fiscal
    years, and of which not less than $200,000,000 shall be
    provided as Commodity Import Program assistance: Provided
    further, That in exercising the authority to provide cash
    transfer assistance for Israel, the President shall ensure that
    the level of such assistance does not cause an adverse impact
    on the total level of nonmilitary exports from the United
    States to such country and that Israel enters into a side
    letter agreement in an amount proportional to the fiscal year
    1999 agreement: Provided further, That of the funds
    appropriated under this heading, not less than $150,000,000
    should be made available for assistance for Jordan: Provided
    further, That of the funds appropriated under this heading, not
    less than $25,000,000 shall be made available for assistance
    for East Timor of which up to $1,000,000 may be transferred to
    and merged with the appropriation for Operating Expenses of the
    Agency for International Development: Provided further, That of
    the funds appropriated under this heading, in addition to funds
    otherwise made available for Indonesia, not less than
    $5,000,000 should be made available for economic rehabilitation
    and related activities in Aceh, Indonesia: Provided further,
    That funds made available in the previous proviso may be
    transferred to and merged with the appropriation for Transition
    Initiatives: Provided further, That none of the funds
    appropriated under this heading shall be obligated for regional
    or global programs, except as provided through the regular
    notification procedures of the Committees on Appropriations:
    Provided further, That of the funds made available under this
    heading not less than $12,000,000 should be made available for
    Mongolia: Provided further, That up to $10,000,000 of the funds
    appropriated under this heading may be used, notwithstanding
    any other provision of law, to provide assistance to the
    National Democratic Alliance of Sudan to strengthen its ability
    to protect civilians from attacks, slave raids, and aerial
    bombardment by the Sudanese Government forces and its militia
    allies, and the provision of such funds shall be subject to the
    regular notification procedures of the Committees on
    Appropriations: Provided further, That in the previous proviso,
    the term ``assistance'' includes non-lethal, non-food aid such
    as blankets, medicine, fuel, mobile clinics, water drilling
    equipment, communications equipment to notify civilians of
    aerial bombardment, non-military vehicles, tents, and shoes.
    ---------------------------------------------------------------------------
        \8\ Sec. 602 of H.R. 5666, enacted by reference in Public Law 106-
    554 (114 Stat. 2763A-193), provided the following:
        ``Sec. 602. Embassy Compensation Authority.--Funds made available
    under the heading `Other Bilateral Economic Assistance, Economic
    Support Fund' included in the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2001 (Public Law 106-429) may be
    made available, notwithstanding any other provision of law, to provide
    payment to the Government of the People's Republic of China for
    property loss and damage arising out of the May 7, 1999 incident in
    Belgrade, Federal Republic of Yugoslavia.''.
    ---------------------------------------------------------------------------

                         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,
    $25,000,000, 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): \9\
    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, 2002.
    ---------------------------------------------------------------------------
        \9\ For text, see Legislation on Foreign Relations Through 2000,
    vol. I-B.
    ---------------------------------------------------------------------------

            ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES \10\

        (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,\11\ $600,000,000, to
    remain available until September 30, 2002, which shall be
    available, notwithstanding any other provision of law, for
    assistance and for related programs for Eastern Europe and the
    Baltic States: Provided, That of the funds appropriated under
    this heading not less than $5,000,000 shall be made available
    for assistance for the Baltic States: Provided further, That
    funds made available for assistance for Kosova from funds
    appropriated under this heading and under the headings
    ``Economic Support Fund'' and ``International Narcotics Control
    and Law Enforcement'' shall not exceed 15 percent of the total
    resources pledged by all donors for calendar year 2001 for
    assistance for Kosova as of March 31, 2001: \12\ Provided
    further, That of the funds made available under this heading
    for Kosova, not less than $1,300,000 should be made available
    to support the National Albanian American Council's training
    program for Kosovar women: Provided further, That none of the
    funds made available under this Act for assistance for Kosova
    shall be made available for large scale physical infrastructure
    reconstruction: Provided further, That of the funds made
    available under this heading and the headings ``International
    Narcotics Control and Law Enforcement'' and ``Economic Support
    Fund'', not to exceed $80,000,000 shall be made available for
    Bosnia and Herzegovina.
    ---------------------------------------------------------------------------
        \10\ See also title VI of this Act, providing emergency
    supplemental appropriations, including $75,825,000 for assistance for
    Montenegro, Croatia, and Serbia.
        \11\ For text of the SEED Act, see Legislation on Foreign Relations
    Through 2000, vol. I-B.
        \12\ The Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2000 (H.R. 3422, enacted by reference in sec.
    1000(a)(2) of Public Law 106-113; 113 Stat. 1535), required the
    Secretary of State to certify that resources pledged to Kosovo by the
    United States would not exceed 15 percent of all pledges. In Department
    of State Public Notice 3170 of December 3, 1999 (64 F.R. 69317), the
    Secretary of State certified ``that the resources pledged by the United
    States at the November 17, 1999 Kosovo donors conference shall not
    exceed 15 percent of the total resources pledged by all donors.
    Commitments totaling $1,056,000,000 were made at the November 17, 1999,
    Kosovo donors conference. The United States pledged $156,600,000,
    subject to Congressional appropriation and notification procedures. The
    United States pledge amounted to 14.82 percent of the total pledges
    made at the conference.''.
    ---------------------------------------------------------------------------
        (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 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) 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.
        (f) The provisions of section 532 of this Act shall apply
    to funds made available under subsection (e) and to funds
    appropriated under this heading: Provided, That notwithstanding
    any provision of this or any other Act, including provisions in
    this subsection regarding the application of section 532 of
    this Act, local currencies generated by, or converted from,
    funds appropriated by this Act and by previous appropriations
    Acts and made available for the economic revitalization program
    in Bosnia may be used in Eastern Europe and the Baltic States
    to carry out the provisions of the Foreign Assistance Act of
    1961 and the Support for East European Democracy (SEED) Act of
    1989.
        (g) 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.\13\
    ---------------------------------------------------------------------------
        \13\ Article III of annex 1-A of the General Framework Agreement
    for Peace in Bosnia and Herzegovina provides as follows:
    ---------------------------------------------------------------------------

                         ``WITHDRAWAL OF FOREIGN FORCES
    ---------------------------------------------------------------------------
        ``1. All Forces in Bosnia and Herzegovina as of the date this Annex
    enters into force which are not of local origin, whether or not they
    are legally and militarily subordinated to the Republic of Bosnia and
    Herzegovina, the Federation of Bosnia and Herzegovina, or Republika
    Srpska, shall be withdrawn together with their equipment from the
    territory of Bosnia and Herzegovina within thirty (30) days.
    Furthermore, all Forces that remain on the territory of Bosnia and
    Herzegovina must act consistently with the territorial integrity,
    sovereignty, and political independence of Bosnia and Herzegovina. In
    accordance with Article II, paragraph 1, this paragraph does not apply
    to UNPROFOR, the International Police Task Force referred to in the
    General Framework Agreement, the IFOR or other elements referred to in
    Article I, paragraph 1(c).
        ``2. In particular, all foreign Forces, including individual
    advisors, freedom fighters, trainers, volunteers, and personnel from
    neighboring and other States, shall be withdrawn from the Territory of
    Bosnia and Herzegovina in accordance with Article III, paragraph 1.''.
    ---------------------------------------------------------------------------

        ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION

        (a) For necessary expenses to carry out the provisions of
    chapters 11 and 12 of part I of the Foreign Assistance Act of
    1961 and the FREEDOM Support Act,\14\ for assistance for the
    Independent States of the former Soviet Union and for related
    programs, $810,000,000, to remain available until September 30,
    2002: Provided, That the provisions of such chapters shall
    apply to funds appropriated by this paragraph: Provided
    further, That of the funds made available for the Southern
    Caucasus region, notwithstanding any other provision of law, 15
    percent may be used for confidence-building measures and other
    activities in furtherance of the peaceful resolution of the
    regional conflicts, especially those in the vicinity of
    Abkhazia and Nagorno-Karabagh: Provided further, That of the
    amounts appropriated under this heading not less than
    $20,000,000 shall be made available solely for the Russian Far
    East: Provided further, That of the funds appropriated under
    this heading, not less than $1,500,000 should be available only
    to meet the health and other assistance needs of victims of
    trafficking in persons.
    ---------------------------------------------------------------------------
        \14\ For text of the FREEDOM Support Act, see Legislation on
    Foreign Relations Through 2000, vol. I-B.
    ---------------------------------------------------------------------------
        (b) Of the funds appropriated under this heading, not less
    than $170,000,000 should be made available for assistance for
    Ukraine: Provided, That of this amount, not less than
    $25,000,000 should be made available for nuclear reactor safety
    initiatives, and not less than $5,000,000 should be made
    available for the Ukranian Land and Resource Management Center.
        (c) Of the funds appropriated under this heading, not less
    than $92,000,000 shall be made available for assistance for
    Georgia of which not less than $25,000,000 should be made
    available to support Border Security Guard and export control
    initiatives.
        (d) Of the funds appropriated under this heading, not less
    than $90,000,000 shall be made available for assistance for
    Armenia.
        (e) 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; \15\
    ---------------------------------------------------------------------------
        \15\ Sec. 1424 of the Defense Against Weapons of Mass Destruction
    Act of 1996 (title XIV of Public Law 104-201; 50 U.S.C. 2301 note)
    relates to international border security among the states of the former
    Soviet Union, the Baltic States, and other countries of Eastern Europe.
    For text, see Legislation on Foreign Relations Through 2000, vol. II,
    sec. F.
    ---------------------------------------------------------------------------
              (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);
              (3) any activity carried out by a member of the
            United States and Foreign Commercial Service while
            acting within his or her official capacity;
              (4) any insurance, reinsurance, guarantee, or other
            assistance provided by the Overseas Private Investment
            Corporation under title IV of chapter 2 of part I of
            the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et
            seq.);
              (5) any financing provided under the Export-Import
            Bank Act of 1945; or
              (6) humanitarian assistance.
        (f) Not more than 25 percent of the funds appropriated
    under this heading may be made available for assistance for any
    country in the region. Activities authorized under title V
    (nonproliferation and disarmament programs and activities) of
    the FREEDOM Support Act shall not be counted against the 25
    percent limitation.
        (g) Of the funds made available under this heading for
    nuclear safety activities, not to exceed 8 percent of the funds
    provided for any single project may be used to pay for
    management costs incurred by a United States agency or national
    lab in administering said project.
        (h)(1) Of the funds appropriated under this heading that
    are allocated for assistance for the Government of the Russian
    Federation, 60 percent shall be withheld from obligation until
    the President determines and certifies in writing to the
    Committees on Appropriations that the Government of the Russian
    Federation:
              (A) has terminated implementation of arrangements to
            provide Iran with technical expertise, training,
            technology, or equipment necessary to develop a nuclear
            reactor, related nuclear research facilities or
            programs, or ballistic missile capability;
              (B) is cooperating with international efforts to
            investigate allegations of war crimes and atrocities in
            Chechnya;
              (C) is providing full access to international non-
            government organizations providing humanitarian relief
            to refugees and internally displaced persons in
            Chechnya; and
              (D) is in compliance with article V of the Treaty on
            Conventional Armed Forces in Europe regarding forces
            deployed in the flank zone in and around Chechyna.\16\
    ---------------------------------------------------------------------------
        \16\ As enrolled. Should read ``Chechnya''.
    ---------------------------------------------------------------------------
        (2) Paragraph (1) shall not apply to--
              (A) assistance to combat infectious diseases; and
              (B) activities authorized under title V
            (Nonproliferation and Disarmament Programs and
            Activities) of the FREEDOM Support Act.
        (i) Of the funds appropriated under this heading for
    assistance for Russia, and the heading ``Migration and Refugee
    Assistance'', not less than $10,000,000 shall be made available
    to non-government organizations providing humanitarian relief
    in Chechyna \16\ and Ingushetia.
        (j) Of the funds appropriated under this heading, not less
    than $45,000,000 shall be made available, in addition to funds
    otherwise available for such purposes, for assistance for child
    survival, environmental health, and to combat infectious
    diseases, and for related activities.

                               Independent Agency

                                  PEACE CORPS

        For necessary expenses to carry out the provisions of the
    Peace Corps Act (75 Stat. 612),\17\ $265,000,000, 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, 2002.
    ---------------------------------------------------------------------------
        \17\ The Peace Corps Act, as amended (Public Law 87-293), may be
    found in Legislation on Foreign Relations Through 2000, vol. I-B.
    ---------------------------------------------------------------------------

                              Department of State

              INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

        For necessary expenses to carry out section 481 of the
    Foreign Assistance Act of 1961, $325,000,000, to remain
    available until expended: Provided, That any funds made
    available under this heading for anti-crime programs and
    activities shall be made available subject to the regular
    notification procedures of the Committees on Appropriations:
    Provided further, That during fiscal year 2001, the Department
    of State may also use the authority of section 608 of the
    Foreign Assistance Act of 1961, without regard to its
    restrictions, to receive excess property from an agency of the
    United States Government for the purpose of providing it to a
    foreign country under chapter 8 of part I of that Act subject
    to the regular notification procedures of the Committees on
    Appropriations.

                        MIGRATION AND REFUGEE ASSISTANCE

        For expenses, not otherwise provided for, necessary to
    enable the Secretary of State to provide, as authorized by law,
    a contribution to the International Committee of the Red Cross,
    assistance to refugees, including contributions to the
    International Organization for Migration and the United Nations
    High Commissioner for Refugees, and other activities to meet
    refugee and migration needs; salaries and expenses of personnel
    and dependents as authorized by the Foreign Service Act of
    1980; allowances as authorized by sections 5921 through 5925 of
    title 5, United States Code; purchase and hire of passenger
    motor vehicles; and services as authorized by section 3109 of
    title 5, United States Code, $700,000,000, which shall remain
    available until expended: Provided, That not more than
    $14,500,000 shall be available for administrative expenses:
    Provided further, That funds appropriated under this heading to
    support activities and programs conducted by the United Nations
    High Commissioner for Refugees shall be made available after
    reporting at least 5 days in advance to the Committees on
    Appropriations: Provided further, That the reporting
    requirement contained in the previous proviso may be waived for
    any such obligation if failure to waive this requirement would
    pose a substantial risk to human health or welfare: Provided
    further, That in case of any such waiver, a report to the
    Committees on Appropriations shall be provided as early as
    practicable, but in no event later than 5 days after such
    obligation: Provided further, That not less than $60,000,000 of
    the funds made available under this heading shall be made
    available for refugees from the former Soviet Union and Eastern
    Europe and other refugees resettling in Israel.

         UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND

        For necessary expenses to carry out the provisions of
    section 2(c) of the Migration and Refugee Assistance Act of
    1962, as amended (22 U.S.C. 260(c)),\18\ $15,000,000, to remain
    available until expended: Provided, That the funds made
    available under this heading are appropriated notwithstanding
    the provisions contained in section 2(c)(2) of the Act which
    would limit the amount of funds which could be appropriated for
    this purpose.
    ---------------------------------------------------------------------------
        \18\ For text, see Legislation on Foreign Relations Through 2000,
    vol. II.
    ---------------------------------------------------------------------------

        NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

        For necessary expenses for nonproliferation, anti-terrorism
    and related programs and activities, $311,600,000, to carry out
    the provisions of chapter 8 of part II of the Foreign
    Assistance Act of 1961 for anti-terrorism assistance, section
    504 of the FREEDOM Support Act,\19\ section 23 of the Arms
    Export Control Act or the Foreign Assistance Act of 1961 for
    demining activities, the clearance of unexploded ordnance, the
    destruction of small arms, and related activities,
    notwithstanding any other provision of law, including
    activities implemented through nongovernmental and
    international organizations, section 301 of the Foreign
    Assistance Act of 1961 for a voluntary contribution to the
    International Atomic Energy Agency (IAEA) and a voluntary
    contribution to the Korean Peninsula Energy Development
    Organization (KEDO), and for a United States contribution to
    the Comprehensive Nuclear Test Ban Treaty Preparatory
    Commission: Provided, That the Secretary of State shall inform
    the Committees on Appropriations at least 20 days prior to the
    obligation of funds for the Comprehensive Nuclear Test Ban
    Treaty Preparatory Commission: Provided further, That of this
    amount not to exceed $15,000,000, to remain available until
    expended, may be made available for the Nonproliferation and
    Disarmament Fund, notwithstanding any other provision of law,
    to promote bilateral and multilateral activities relating to
    nonproliferation and disarmament: Provided further, That such
    funds may also be used for such countries other than the
    Independent States of the former Soviet Union and international
    organizations when it is in the national security interest of
    the United States to do so: Provided further, That such funds
    shall be subject to the regular notification procedures of the
    Committees on Appropriations: Provided further, That funds
    appropriated under this heading may be made available for the
    International Atomic Energy Agency only if the Secretary of
    State determines (and so reports to the Congress) that Israel
    is not being denied its right to participate in the activities
    of that Agency: Provided further, That of the funds
    appropriated under this heading, $40,000,000 should be made
    available for demining, clearance of unexploded ordnance, and
    related activities: Provided further, That of the funds made
    available for demining and related activities, not to exceed
    $500,000, in addition to funds otherwise available for such
    purposes, may be used for administrative expenses related to
    the operation and management of the demining program.
    ---------------------------------------------------------------------------
        \19\ For text, see Legislation on Foreign Relations Through 2000,
    vol. I-B.
    ---------------------------------------------------------------------------

                           Department of the Treasury

                   International Affairs Technical Assistance

        For necessary expenses to carry out the provisions of
    section 129 of the Foreign Assistance Act of 1961 (relating to
    international affairs technical assistance activities),
    $6,000,000, to remain available until expended, which shall be
    available nowithstanding \20\ any other provision of law.
    ---------------------------------------------------------------------------
        \20\ As enrolled. Should read ``notwithstanding''.
    ---------------------------------------------------------------------------
                            DEBT RESTRUCTURING \21\
        For the cost, as defined in section 502 of the
    Congressional Budget Act of 1974, of modifying loans and loan
    guarantees, as the President may determine, for which funds
    have been appropriated or otherwise made available for programs
    within the International Affairs Budget Function 150, including
    the cost of selling, reducing, or canceling amounts owed to the
    United States as a result of concessional loans made to
    eligible countries, pursuant to parts IV and V of the Foreign
    Assistance Act of 1961, and of modifying concessional credit
    agreements with least developed countries, as authorized under
    section 411 of the Agricultural Trade Development and
    Assistance Act of 1954, as amended,\22\ and concessional loans,
    guarantees and credit agreements, as authorized under section
    572 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1989 (Public Law 100-461),\23\ and
    of canceling amounts owed, as a result of loans or guarantees
    made pursuant to the Export-Import Bank Act of 1945, by
    countries that are eligible for debt reduction pursuant to
    title V of H.R. 3425 as enacted into law by section 1000(a)(5)
    of Public Law 106-113,\24\ $238,000,000, to remain available
    until expended: Provided, That of this amount, not less than
    $13,000,000 shall be made available to carry out the provisions
    of part V of the Foreign Assistance Act of 1961: Provided
    further, That funds appropriated or otherwise made available
    under this heading in this Act may be used by the Secretary of
    the Treasury to pay to the Heavily Indebted Poor Countries
    (HIPC) Trust Fund administered by the International Bank for
    Reconstruction and Development amounts for the benefit of
    countries that are eligible for debt reduction pursuant to
    title V of H.R. 3425 as enacted into law by section 1000(a)(5)
    of Public Law 106-113: Provided further, That amounts paid to
    the HIPC Trust Fund may be used only to fund debt reduction
    under the enhanced HIPC initiative by--
    ---------------------------------------------------------------------------
        \21\ A paragraph on debt restructuring was first enacted in the
    Foreign Assistance Appropriations Act, 1993, and only pertained to debt
    restructuring under the Enterprise for the Americas Initiative.
    References to statutes relating to the Commodity Credit Corporation
    (see following notes) were added in the Foreign Assistance
    Appropriations Act, 1998.
        See also title VI of this Act, providing emergency supplemental
    appropriations, including $210,000,000 for debt restructuring for a
    contribution to the HIPC Trust Fund.
        \22\ Sec. 411 of the Agricultural Trade Development and Assistance
    Act of 1954, as amended, may be found in Legislation on Foreign
    Relations Through 2000, vol. I-B.
        \23\ Sec. 572 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1989 (Public Law 100-461),
    provided as follows:
    ---------------------------------------------------------------------------

                     ``RELATIVELY LEAST DEVELOPED COUNTRIES
    ---------------------------------------------------------------------------
        ``Sec. 572. During fiscal years 1990 and 1991, the President may
    use the authority of paragraphs (A) and (B) of section 124(c)(1) of the
    Foreign Assistance Act of 1961 with respect to such aggregate amounts
    of principal and interest payable during each of these fiscal years as
    the President may determine, or at any time after September 30, 1989,
    the President may, if he determines it is in the national interest to
    do so, use the authority of those paragraphs with respect to such
    aggregate amounts of outstanding principal and interest payable at any
    time after that date as the President may determine. The authority
    provided in this section may be exercised with respect to any country
    described in the last sentence of this section and may be exercised
    notwithstanding section 124(c)(2) of that Act. In exercising the
    authority provided in this section, the President may waive the
    requirement that equivalent amounts of local currencies be deposited
    into local currency accounts in accordance with paragraph (A) of
    section 124(c)(1) of that Act, to the extent that the President
    determines that sufficient local currencies are otherwise available to
    achieve development objectives. This section applies with respect to
    any relatively least developed country, or any country in Sub-Saharan
    Africa (without regard to whether that country is a relatively least
    developed country within the meaning of section 124(a) of that Act),
    if--
    ---------------------------------------------------------------------------

              ``(1) an International Monetary Fund standby agreement is in
            effect with respect to that country; or
              ``(2) a structural adjustment program of the International
            Bank for Reconstruction and Development of the International
            Development Association is in effect with respect to that
            country; or
              ``(3) a structural adjustment facility or enhanced structural
            adjustment facility with the International Monetary Fund is in
            effect with respect to that country.''.
    ---------------------------------------------------------------------------
        \24\ Title V of H.R. 3425, enacted by sec. 1000(a)(5) of Public Law
    106-113, pertains to international debt relief, and may be found
    beginning at page 528.
    ---------------------------------------------------------------------------
              (1) the Inter-American Development Bank;
              (2) the African Development Fund;
              (3) the African Development Bank; and
              (4) the Central American Bank for Economic
            Integration:
    Provided further, That funds may not be paid to the HIPC Trust
    Fund for the benefit of any country if the Secretary of State
    has credible evidence that the government of such country is
    engaged in a consistent pattern of gross violations of
    internationally recognized human rights or in military or civil
    conflict that undermines its ability to develop and implement
    measures to alleviate poverty and to devote adequate human and
    financial resources to that end: Provided further, That on the
    basis of final appropriations, the Secretary of the Treasury
    shall consult with the Committees on Appropriations concerning
    which countries and international financial institutions are
    expected to benefit from a United States contribution to the
    HIPC Trust Fund during the fiscal year: Provided further, That
    the Secretary of the Treasury shall inform the Committees on
    Appropriations not less than 15 days in advance of the
    signature of an agreement by the United States to make payments
    to the HIPC Trust Fund of amounts for such countries and
    institutions: Provided further, That the Secretary of the
    Treasury may disburse funds designated for debt reduction
    through the HIPC Trust Fund only for the benefit of countries
    that--
              (a) have committed, for a period of 24 months, not to
            accept new market-rate loans from the international
            financial institution receiving debt repayment as a
            result of such disbursement, other than loans made by
            such institution to export-oriented commercial projects
            that generate foreign exchange which are generally
            referred to as ``enclave'' loans; and
              (b) have documented and demonstrated their commitment
            to redirect their budgetary resources from
            international debt repayments to programs to alleviate
            poverty and promote economic growth that are additional
            to or expand upon those previously available for such
            purposes:
    Provided further, That any limitation of subsection (e) of
    section 411 of the Agricultural Trade Development and
    Assistance Act of 1954 shall not apply to funds appropriated
    under this heading: Provided further, That none of the funds
    made available under this heading in this or any other
    appropriations Acts shall be made available for Sudan or Burma
    unless the Secretary of Treasury determines and notifies the
    Committees on Appropriations that a democratically elected
    government has taken office: Provided further, That the
    authority provided by section 572 of Public Law 100-461 may be
    exercised only with respect to countries that are eligible to
    borrow from the International Development Association, but not
    from the International Bank for Reconstruction and Development,
    commonly referred to as ``IDA-only'' countries.

                         TITLE III--MILITARY ASSISTANCE

                      Funds Appropriated to the President

               INTERNATIONAL MILITARY EDUCATION AND TRAINING \25\

        For necessary expenses to carry out the provisions of
    section 541 of the Foreign Assistance Act of 1961, $55,000,000,
    of which up to $1,000,000 may remain available until expended:
    Provided, That the civilian personnel for whom military
    education and training may be provided under this heading may
    include civilians who are not members of a government whose
    participation would contribute to improved civil-military
    relations, civilian control of the military, or respect for
    human rights: Provided further, That funds appropriated under
    this heading for grant financed military education and training
    for Indonesia and Guatemala may only be available for expanded
    international military education and training and funds made
    available for Indonesia and Guatemala may only be provided
    through the regular notification procedures of the Committees
    on Appropriations.
    ---------------------------------------------------------------------------
        \25\ See also title VI of this Act, providing emergency
    supplemental appropriations, including $2,875,000 for IMET grants to
    countries of the Balkans and southeast Europe.
    ---------------------------------------------------------------------------

                    FOREIGN MILITARY FINANCING PROGRAM \26\

        For expenses necessary for grants to enable the President
    to carry out the provisions of section 23 of the Arms Export
    Control Act, $3,545,000,000: Provided, That of the funds
    appropriated under this heading, not less than $1,980,000,000
    shall be available for grants only for Israel, and not less
    than $1,300,000,000 shall be made available for grants only for
    Egypt: Provided further, That the funds appropriated by this
    paragraph for Israel shall be disbursed within 30 days of the
    enactment of this Act or by October 31, 2000, whichever is
    later: Provided further, That to the extent that the Government
    of Israel requests that funds be used for such purposes, grants
    made available for Israel by this paragraph shall, as agreed by
    Israel and the United States, be available for advanced weapons
    systems, of which not less than $520,000,000 shall be available
    for the procurement in Israel of defense articles and defense
    services, including research and development: Provided further,
    That of the funds appropriated by this paragraph, not less than
    $75,000,000 should be available for assistance for Jordan:
    Provided further, That of the funds appropriated by this
    paragraph, not less than $3,000,000 shall be made available for
    assistance for Malta: Provided further, That of the funds
    appropriated by this paragraph, not less than $8,500,000 shall
    be made available for assistance for Tunisia: Provided further,
    That during fiscal year 2001, the President is authorized to,
    and shall, direct the draw-downs of defense articles from the
    stocks of the Department of Defense, defense services of the
    Department of Defense, and military education and training of
    an aggregate value of not less than $5,000,000 under the
    authority of this proviso for Tunisia for the purposes of part
    II of the Foreign Assistance Act of 1961 and any amount so
    directed shall count toward meeting the earmark in the
    preceding proviso: Provided further, That of the funds
    appropriated by this paragraph, not less than $8,000,000 shall
    be made available for Georgia: Provided further, That during
    fiscal year 2001, the President is authorized to, and shall,
    direct the draw-downs of defense articles from the stocks of
    the Department of Defense, defense services of the Department
    of Defense, and military education and training of an aggregate
    value of not less than $4,000,000 under the authority of this
    proviso for Georgia for the purposes of part II of the Foreign
    Assistance Act of 1961 and any amount so directed shall count
    toward meeting the earmark in the preceding proviso: Provided
    further, That funds appropriated by this paragraph shall be
    nonrepayable notwithstanding any requirement in section 23 of
    the Arms Export Control Act: Provided further, That funds made
    available under this paragraph shall be obligated upon
    apportionment in accordance with paragraph (5)(C) of title 31,
    United States Code, section 1501(a).
    ---------------------------------------------------------------------------
        \26\ See also title VI of this Act, providing emergency
    supplemental appropriations, including $31,000,000 for the foreign
    military financing program for grants to countries of the Balkans and
    southeast Europe.
    ---------------------------------------------------------------------------
        None of the funds made available under this heading shall
    be available to finance the procurement of defense articles,
    defense services, or design and construction services that are
    not sold by the United States Government under the Arms Export
    Control Act unless the foreign country proposing to make such
    procurements has first signed an agreement with the United
    States Government specifying the conditions under which such
    procurements may be financed with such funds: Provided, That
    all country and funding level increases in allocations shall be
    submitted through the regular notification procedures of
    section 515 of this Act: Provided further, That none of the
    funds appropriated under this heading shall be available for
    assistance for Sudan and Liberia: Provided further, That funds
    made available under this heading may be used, notwithstanding
    any other provision of law, for demining, the clearance of
    unexploded ordnance, and related activities, and may include
    activities implemented through nongovernmental and
    international organizations: Provided further, That none of the
    funds appropriated under this heading shall be available for
    assistance for Guatemala: Provided further, That only those
    countries for which assistance was justified for the ``Foreign
    Military Sales Financing Program'' in the fiscal year 1989
    congressional presentation for security assistance programs
    \27\ may utilize funds made available under this heading for
    procurement of defense articles, defense services or design and
    construction services that are not sold by the United States
    Government under the Arms Export Control Act: Provided further,
    That funds appropriated under this heading shall be expended at
    the minimum rate necessary to make timely payment for defense
    articles and services: Provided further, That not more than
    $33,000,000 of the funds appropriated under this heading may be
    obligated for necessary expenses, including the purchase of
    passenger motor vehicles for replacement only for use outside
    of the United States, for the general costs of administering
    military assistance and sales: Provided further, That not more
    than $340,000,000 of funds realized pursuant to section
    21(e)(1)(A) of the Arms Export Control Act may be obligated for
    expenses incurred by the Department of Defense during fiscal
    year 2001 pursuant to section 43(b) of the Arms Export Control
    Act, except that this limitation may be exceeded only through
    the regular notification procedures of the Committees on
    Appropriations: Provided further, That foreign military
    financing program funds estimated to be outlayed for Egypt
    during fiscal year 2001 shall be transferred to an interest
    bearing account for Egypt in the Federal Reserve Bank of New
    York within 30 days of enactment of this Act or by October 31,
    2000, whichever is later: Provided further, That the Committees
    on Appropriations shall be informed at least 10 days prior to
    the obligation of any interest accrued by the account
    established by the previous proviso.
    ---------------------------------------------------------------------------
        \27\ In Africa: Kenya; in East Asia and the Pacific: Indonesia,
    Thailand; in Europe: Greece, Portugal, Spain, Turkey,; in Near East and
    South Asia: Egypt, Israel, Jordan, Morocco, Pakistan, Tunisia, and
    Yemen. See Congressional Presentation for Security Assistance Programs,
    Fiscal Year 1989, page 19.
    ---------------------------------------------------------------------------

                            PEACEKEEPING OPERATIONS

        For necessary expenses to carry out the provisions of
    section 551 of the Foreign Assistance Act of 1961,
    $127,000,000: Provided, That none of the funds appropriated
    under this heading shall be obligated or expended except as
    provided through the regular notification procedures of the
    Committees on Appropriations.

                   TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

                      FUNDS APPROPRIATED TO THE PRESIDENT

                      INTERNATIONAL FINANCIAL INSTITUTIONS

                          GLOBAL ENVIRONMENT FACILITY

        For the United States contribution for the Global
    Environment Facility, $108,000,000, to the International Bank
    for Reconstruction and Development as trustee for the Global
    Environment Facility, by the Secretary of the Treasury, to
    remain available until expended.

           CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

        For payment to the International Development Association by
    the Secretary of the Treasury, $775,000,000, to remain
    available until expended: Provided: That the Secretary of the
    Treasury shall: (1) accord high priority to encouraging the
    International Development Association to establish and
    implement a policy to provide new assistance on grant terms to
    enhanced HIPC Initiative countries that have reached the
    completion point; and (2) submit a report to the Speaker of the
    House of Representatives, the President of the Senate, and the
    Committees on Appropriations no later than June 30, 2001, on
    the progress reached in achieving the objective set forth in
    clause (1): Provided further, That in negotiating United States
    participation in the next replenishment of the International
    Development Association, the Secretary of the Treasury shall
    accord high priority to providing the International Development
    Association with the policy flexibility to provide new grant
    assistance to countries eligible for debt reduction under the
    enhanced HIPC Initiative.

          CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE AGENCY

        For payment to the Multilateral Investment Guarantee Agency
    by the Secretary of the Treasury, $10,000,000, for the United
    States paid-in share of the increase in capital stock, to
    remain available until expended.

                         LIMITATION ON CALLABLE CAPITAL

        The United States Governor of the Multilateral Investment
    Guarantee Agency may subscribe without fiscal year limitation
    for the callable capital portion of the United States share of
    such capital stock in an amount not to exceed $50,000,000.

           Contribution to the Inter-American Investment Corporation

        For payment to the Inter-American Investment Corporation,
    by the Secretary of the Treasury, $25,000,000, for the United
    States share of the increase in subscriptions to capital stock,
    to remain available until expended.

    contribution to the enterprise for the americas multilateral investment
                                      fund

        For payment to the Enterprise for the Americas Multilateral
    Investment Fund by the Secretary of the Treasury, for the
    United States contribution to the fund, $10,000,000, to remain
    available until expended.

                   CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

        For the United States contribution by the Secretary of the
    Treasury to the increase in resources of the Asian Development
    Fund, as authorized by the Asian Development Bank Act, as
    amended, $72,000,000, to remain available until expended.

                  Contribution to the African Development Bank

        For payment to the African Development Bank by the
    Secretary of the Treasury, $6,100,000, for the United States
    paid-in share of the increase in capital stock, to remain
    available until expended.

                  LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

        The United States Governor of the African Development Bank
    may subscribe without fiscal year limitation for the callable
    capital portion of the United States share of such capital
    stock in an amount not to exceed $97,548,522.

                  CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

        For the United States contribution by the Secretary of the
    Treasury to the increase in resources of the African
    Development Fund, $100,000,000, to remain available until
    expended.

      CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

        For payment to the European Bank for Reconstruction and
    Development by the Secretary of the Treasury, $35,778,717, for
    the United States share of the paid-in portion of the increase
    in capital stock, to remain available until expended.

                  LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

        The United States Governor of the European Bank for
    Reconstruction and Development may subscribe without fiscal
    year limitation to the callable capital portion of the United
    States share of such capital stock in an amount not to exceed
    $123,237,803.

      CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT

        For the United States contribution by the Secretary of the
    Treasury to increase the resources of the International Fund
    for Agricultural Development, $5,000,000, to remain available
    until expended.

                    International Organizations and Programs

        For necessary expenses to carry out the provisions of
    section 301 of the Foreign Assistance Act of 1961, and of
    section 2 of the United Nations Environment Program
    Participation Act of 1973, $186,000,000: Provided, That none of
    the funds appropriated under this heading shall be made
    available for the United Nations Fund for Science and
    Technology: Provided further, That not less than $5,000,000
    should be made available to the World Food Program: Provided
    further, That none of the funds appropriated under this heading
    may be made available to the Korean Peninsula Energy
    Development Organization (KEDO) or the International Atomic
    Energy Agency (IAEA).\28\
    ---------------------------------------------------------------------------
        \28\ For other legislation relating to the United Nations, see
    Legislation on Foreign Relations Through 2000, vol. II, sec. H.
    ---------------------------------------------------------------------------

                          TITLE V--GENERAL PROVISIONS

                 OBLIGATIONS DURING LAST MONTH OF AVAILABILITY

        Sec. 501.\29\ Except for the appropriations entitled
    ``International Disaster Assistance'', and ``United States
    Emergency Refugee and Migration Assistance Fund'', not more
    than 15 percent of any appropriation item made available by
    this Act shall be obligated during the last month of
    availability.
    ---------------------------------------------------------------------------
        \29\ First enacted as sec. 108 of the Mutual Security
    Appropriations Act of 1955.
    ---------------------------------------------------------------------------

         PROHIBITION OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL
                                  INSTITUTIONS

        Sec. 502.\30\ Notwithstanding section 614 of the Foreign
    Assistance Act of 1961, none of the funds contained in title II
    of this Act may be used to carry out the provisions of section
    209(d) of the Foreign Assistance Act of 1961: Provided, That
    none of the funds appropriated by title II of this Act may be
    transferred by the Agency for International Development
    directly to an international financial institution (as defined
    in section 533 of this Act) for the purpose of repaying a
    foreign country's loan obligations to such institution.
    ---------------------------------------------------------------------------
        \30\ Excluding the ``Notwithstanding'' clause and the proviso,
    first enacted as sec. 121 of the Foreign Assistance Appropriations Act,
    1970.
    ---------------------------------------------------------------------------

                        LIMITATION ON RESIDENCE EXPENSES

        Sec. 503.\31\ Of the funds appropriated or made available
    pursuant to this Act, not to exceed $126,500 shall be for
    official residence expenses of the Agency for International
    Development during the current fiscal year: Provided, That
    appropriate steps shall be taken to assure that, to the maximum
    extent possible, United States-owned foreign currencies are
    utilized in lieu of dollars.
    ---------------------------------------------------------------------------
        \31\ Similar language was first enacted as sec. 113 of the Foreign
    Assistance Appropriations Act, 1976.
    ---------------------------------------------------------------------------

                             LIMITATION ON EXPENSES

        Sec. 504.\32\ Of the funds appropriated or made available
    pursuant to this Act, not to exceed $5,000 shall be for
    entertainment expenses of the Agency for International
    Development during the current fiscal year.
    ---------------------------------------------------------------------------
        \32\ Similar language was first enacted as sec. 114 of the Foreign
    Assistance Appropriations Act, 1976.
    ---------------------------------------------------------------------------

                   LIMITATION ON REPRESENTATIONAL ALLOWANCES

        Sec. 505.\33\ Of the funds appropriated or made available
    pursuant to this Act, not to exceed $95,000 shall be available
    for representation allowances for the Agency for International
    Development during the current fiscal year: Provided, That
    appropriate steps shall be taken to assure that, to the maximum
    extent possible, United States-owned foreign currencies are
    utilized in lieu of dollars: Provided further, That of the
    funds made available by this Act for general costs of
    administering military assistance and sales under the heading
    ``Foreign Military Financing Program'', not to exceed $2,000
    shall be available for entertainment expenses and not to exceed
    $50,000 shall be available for representation allowances:
    Provided further, That of the funds made available by this Act
    under the heading ``International Military Education and
    Training'', not to exceed $50,000 shall be available for
    entertainment allowances: Provided further, That of the funds
    made available by this Act for the Inter-American Foundation,
    not to exceed $2,000 shall be available for entertainment and
    representation allowances: Provided further, That of the funds
    made available by this Act for the Peace Corps, not to exceed a
    total of $4,000 shall be available for entertainment expenses:
    Provided further, That of the funds made available by this Act
    under the heading ``Trade and Development Agency'', not to
    exceed $2,000 shall be available for representation and
    entertainment allowances.
    ---------------------------------------------------------------------------
        \33\ Similar language was first enacted as sec. 115 of the Foreign
    Assistance Appropriations Act, 1976. The second through fifth proviso
    clauses were first enacted as sec. 526 of H.R. 4473, as made applicable
    to the Continuing Appropriations Act, 1981. The second proviso,
    regarding general costs of administering the Foreign Military Financing
    Program, has been reworded somewhat; the proviso formerly referred to:
    ``the total funds made available by this Act under the headings
    `Military Assistance' and `Foreign Military Credit Sales'''. The last
    proviso clause was first enacted in the Foreign Assistance
    Appropriations Act, 1986.
    ---------------------------------------------------------------------------

                     PROHIBITION ON FINANCING NUCLEAR GOODS

        Sec. 506.\34\ None of the funds appropriated or made
    available (other than funds for ``Nonproliferation, Anti-
    terrorism, Demining and Related Programs'') pursuant to this
    Act, for carrying out the Foreign Assistance Act of 1961, may
    be used, except for purposes of nuclear safety, to finance the
    export of nuclear equipment, fuel, or technology.
    ---------------------------------------------------------------------------
        \34\ Similar language was first enacted as sec. 112 of the Foreign
    Assistance Appropriations Act, 1978. The FY 1994 Act added the clause,
    ``except for purposes of nuclear safety,''
    ---------------------------------------------------------------------------

            PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

        Sec. 507.\35\ 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.
    ---------------------------------------------------------------------------
        \35\ Similar language was first enacted as sec. 111 of the Foreign
    Assistance Appropriations Act, 1974. The Foreign Operations, Export
    Financing, and Related Programs Act, 1990 (Public Law 101-167; 103
    Stat. 2268), added two provisos, the first of which has been continued
    in subsequent years.
        The following countries have been listed in similar sections in
    recent previous fiscal years:
        Fiscal year 2000--Cuba, Iraq, Libya, North Korea, Iran, Sudan, or
    Syria;
        Fiscal year 1999--Cuba, Iraq, Libya, North Korea, Iran, Sudan, or
    Syria;
        Fiscal year 1998--Cuba, Iraq, Libya, North Korea, Iran, Sudan, or
    Syria;
        Fiscal year 1997--Cuba, Iraq, Libya, North Korea, Iran, Sudan, or
    Syria;
        Fiscal year 1996--Cuba, Iraq, Libya, North Korea, Iran, Serbia,
    Sudan, or Syria;
        Fiscal year 1995--Cuba, Iraq, Libya, North Korea, Iran, Serbia,
    Sudan, or Syria;
        Fiscal year 1994--Cuba, Iraq, Libya, the Socialist Republic of
    Vietnam, Iran, Serbia, Sudan, or Syria;
        Fiscal year 1993--Cuba, Iraq, Libya, the Socialist Republic of
    Vietnam, Iran, or Syria;
        Fiscal year 1992--Cuba, Iraq, Libya, the Socialist Republic of
    Vietnam, Iran, or Syria; and
        Fiscal year 1991--Angola, Cambodia, Cuba, Iraq, Libya, the
    Socialist Republic of Vietnam, Iran, or Syria.
    ---------------------------------------------------------------------------

                                 MILITARY COUPS

        Sec. 508.\36\ None of the funds appropriated or otherwise
    made available pursuant to this Act shall be obligated or
    expended to finance directly any assistance to any country
    whose duly elected head of government is deposed by decree or
    military coup: Provided, That assistance may be resumed to such
    country if the President determines and reports to the
    Committees on Appropriations that subsequent to the termination
    of assistance a democratically elected government has taken
    office.
    ---------------------------------------------------------------------------
        \36\ Language similar to that in the main clause was first enacted
    as sec. 513 of the Foreign Assistance Appropriations Act, 1986. The
    proviso first appeared in sec. 513 of the Foreign Assistance
    Appropriations Act, 1988.
    ---------------------------------------------------------------------------

                           TRANSFERS BETWEEN ACCOUNTS

        Sec. 509.\37\ None of the funds made available by this Act
    may be obligated under an appropriation account to which they
    were not appropriated, except for transfers specifically
    provided for in this Act, unless the President, prior to the
    exercise of any authority contained in the Foreign Assistance
    Act of 1961 to transfer funds, consults with and provides a
    written policy justification to the Committees on
    Appropriations of the House of Representatives and the Senate.
    ---------------------------------------------------------------------------
        \37\ Similar language was first enacted as sec. 115 of the Foreign
    Assistance Appropriations Act, 1978.
        See also sec. 109 of the Foreign Assistance Act of 1961 (22 U.S.C.
    2151g).
    ---------------------------------------------------------------------------

                      DEOBLIGATION/REOBLIGATION AUTHORITY

        Sec. 510. Obligated balances of funds appropriated to carry
    out section 23 of the Arms Export Control Act as of the end of
    the fiscal year immediately preceding the current fiscal year
    are, if deobligated, hereby continued available during the
    current fiscal year for the same purpose under any authority
    applicable to such appropriations under this Act: Provided,
    That the authority of this subsection \38\ may not be used in
    fiscal year 2001.
    ---------------------------------------------------------------------------
        \38\ As enrolled. Should read ``section''.
    ---------------------------------------------------------------------------

                             AVAILABILITY OF FUNDS

        Sec. 511.\39\ No part of any appropriation contained in
    this Act shall remain available for obligation after the
    expiration of the current fiscal year unless expressly so
    provided in this Act: Provided, That funds appropriated for the
    purposes of chapters 1, 8, 11, and 12 of part I, section 667,
    and chapter 4 of part II of the Foreign Assistance Act of 1961,
    as amended, and funds provided under the heading ``Assistance
    for Eastern Europe and the Baltic States'', shall remain
    available until expended if such funds are initially obligated
    before the expiration of their respective periods of
    availability contained in this Act: Provided further, That,
    notwithstanding any other provision of this Act, any funds made
    available for the purposes of chapter 1 of part I and chapter 4
    of part II of the Foreign Assistance Act of 1961 which are
    allocated or obligated for cash disbursements in order to
    address balance of payments or economic policy reform
    objectives, shall remain available until expended: Provided
    further, That the report required by section 653(a) of the
    Foreign Assistance Act of 1961 shall designate for each
    country, to the extent known at the time of submission of such
    report, those funds allocated for cash disbursement for balance
    of payment and economic policy reform purposes.
    ---------------------------------------------------------------------------
        \39\ Similar language first enacted as sec. 403 of the Foreign
    Assistance Appropriations Act, 1967. Reference to funds provided for
    Eastern Europe and the Baltic States was added in sec. 511 of the
    Foreign Assistance Appropriations Act, 1997. Reference to chapter 12 of
    the Foreign Assistance Act of 1961 was added in fiscal year 2001.
    ---------------------------------------------------------------------------

                LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

        Sec. 512.\40\ No part of any appropriation contained in
    this Act shall be used to furnish assistance to any country
    which is in default during a period in excess of one calendar
    year in payment to the United States of principal or interest
    on any loan made to the government of such country by the
    United States pursuant to a program for which funds are
    appropriated under this Act: Provided, That this section and
    section 620(q) of the Foreign Assistance Act of 1961 shall not
    apply to funds made available for any narcotics-related
    assistance for Colombia, Bolivia, and Peru authorized by the
    Foreign Assistance Act of 1961 or the Arms Export Control Act.
    ---------------------------------------------------------------------------
        \40\ Popularly referred to as the Brooke-Alexander Amendment.
    Similar language, excluding the proviso, was first enacted as sec. 506
    of the Foreign Assistance Appropriations Act, 1976. Prior to FY2001,
    this section referred to ``any loan made to such country''; the
    reference to the government of such country was added in FY2001.
    Language similar to the proviso was first enacted in sec. 518 of the
    Foreign Assistance Appropriations Act, 1990. Colombia, Bolivia, and
    Peru were cited in that section. Reference to Nicaragua was added in
    the Foreign Assistance Appropriations Act, 1991. Liberia was added in
    the Foreign Assistance Appropriations Act, 1998. Brazil was added in
    the Foreign Assistance Appropriations Act, 1999. Nicaragua, Liberia,
    and Brazil were subsequently omitted for FY2000.
    ---------------------------------------------------------------------------

                               COMMERCE AND TRADE

        Sec. 513.\41\ (a) None of the funds appropriated or made
    available pursuant to this Act for direct assistance and none
    of the funds otherwise made available pursuant to this Act to
    the Export-Import Bank and the Overseas Private Investment
    Corporation shall be obligated or expended to finance any loan,
    any assistance or any other financial commitments for
    establishing or expanding production of any commodity for
    export by any country other than the United States, if the
    commodity is likely to be in surplus on world markets at the
    time the resulting productive capacity is expected to become
    operative and if the assistance will cause substantial injury
    to United States producers of the same, similar, or competing
    commodity: Provided, That such prohibition shall not apply to
    the Export-Import Bank if in the judgment of its Board of
    Directors the benefits to industry and employment in the United
    States are likely to outweigh the injury to United States
    producers of the same, similar, or competing commodity, and the
    Chairman of the Board so notifies the Committees on
    Appropriations.
    ---------------------------------------------------------------------------
        \41\ Language contained in subsec. (a) was first enacted as sec.
    608 of the Foreign Assistance Appropriations Act, 1979. Language
    contained in subsec. (b) was first enacted in sec. 521 of the Foreign
    Assistance Appropriations Act, 1991. That Act, and Appropriations Acts
    through FY 1995 also included a subsec. (c), relating to the
    development of import-sensitive products that would compete with U.S.
    products.
    ---------------------------------------------------------------------------
        (b) \42\ None of the funds appropriated by this or any
    other Act to carry out chapter 1 of part I of the Foreign
    Assistance Act of 1961 shall be available for any testing or
    breeding feasibility study, variety improvement or
    introduction, consultancy, publication, conference, or training
    in connection with the growth or production in a foreign
    country of an agricultural commodity for export which would
    compete with a similar commodity grown or produced in the
    United States: Provided, That this subsection shall not
    prohibit--
    ---------------------------------------------------------------------------
        \42\ Popularly referred to as the Bumpers amendment.
    ---------------------------------------------------------------------------
              (1) activities designed to increase food security in
            developing countries where such activities will not
            have a significant impact in the export of agricultural
            commodities of the United States; or
              (2) research activities intended primarily to benefit
            American producers.

                              SURPLUS COMMODITIES

        Sec. 514.\43\ The Secretary of the Treasury shall instruct
    the United States Executive Directors of the International Bank
    for Reconstruction and Development, the International
    Development Association, the International Finance Corporation,
    the Inter-American Development Bank, the International Monetary
    Fund, the Asian Development Bank, the Inter-American Investment
    Corporation, the North American Development Bank, the European
    Bank for Reconstruction and Development, the African
    Development Bank, and the African Development Fund to use the
    voice and vote of the United States to oppose any assistance by
    these institutions, using funds appropriated or made available
    pursuant to this Act, for the production or extraction of any
    commodity or mineral for export, if it is in surplus on world
    markets and if the assistance will cause substantial injury to
    United States producers of the same, similar, or competing
    commodity.
    ---------------------------------------------------------------------------
        \43\ 22 U.S.C. 262h note. Similar language was first enacted as
    sec. 22 of the Export-Import Bank Act Amendments of 1986. The Foreign
    Assistance Appropriations Act, 1999, included a subsec. (b), which
    required the Secretary of the Treasury to ``instruct the United States
    executive directors of international financial institutions listed in
    subsection (a) of this section to use the voice and vote of the United
    States to support the purchase of American produced agricultural
    commodities with funds appropriated or made available pursuant to this
    Act.''.
    ---------------------------------------------------------------------------

                           NOTIFICATION REQUIREMENTS

        Sec. 515.\44\ (a) For the purposes of providing the
    executive branch with the necessary administrative flexibility,
    none of the funds made available under this Act for ``Child
    Survival and Disease Programs Fund'', ``Development
    Assistance'', ``International Organizations and Programs'',
    ``Trade and Development Agency'', ``International Narcotics
    Control and Law Enforcement'', ``Assistance for Eastern Europe
    and the Baltic States'', ``Assistance for the Independent
    States of the Former Soviet Union'', ``Economic Support Fund'',
    ``Peacekeeping Operations'', ``Operating Expenses of the Agency
    for International Development'', ``Operating Expenses of the
    Agency for International Development Office of Inspector
    General'', ``Nonproliferation, Anti-terrorism, Demining and
    Related Programs'', ``Foreign Military Financing Program'',
    ``International Military Education and Training'', ``Peace
    Corps'', and ``Migration and Refugee Assistance'', shall be
    available for obligation for activities, programs, projects,
    type of materiel assistance, countries, or other operations not
    justified or in excess of the amount justified to the
    Appropriations Committees for obligation under any of these
    specific headings unless the Appropriations Committees of both
    Houses of Congress are previously notified 15 days in advance:
    Provided, That the President shall not enter into any
    commitment of funds appropriated for the purposes of section 23
    of the Arms Export Control Act for the provision of major
    defense equipment, other than conventional ammunition, or other
    major defense items defined to be aircraft, ships, missiles, or
    combat vehicles, not previously justified to Congress or 20
    percent in excess of the quantities justified to Congress
    unless the Committees on Appropriations are notified 15 days in
    advance of such commitment: Provided further, That this section
    shall not apply to any reprogramming for an activity, program,
    or project under chapter 1 of part I of the Foreign Assistance
    Act of 1961 of less than 10 percent of the amount previously
    justified to the Congress for obligation for such activity,
    program, or project for the current fiscal year: Provided
    further, That the requirements of this section or any similar
    provision of this Act or any other Act, including any prior Act
    requiring notification in accordance with the regular
    notification procedures of the Committees on Appropriations,
    may be waived if failure to do so would pose a substantial risk
    to human health or welfare: Provided further, That in case of
    any such waiver, notification to the Congress, or the
    appropriate congressional committees, shall be provided as
    early as practicable, but in no event later than 3 days after
    taking the action to which such notification requirement was
    applicable, in the context of the circumstances necessitating
    such waiver: Provided further, That any notification provided
    pursuant to such a waiver shall contain an explanation of the
    emergency circumstances.
    ---------------------------------------------------------------------------
        \44\ Similar language, without the proviso clauses, was enacted as
    sec. 114 of the Foreign Assistance Appropriations Act, 1974.
        Subsec. (b) was first enacted as sec. 551(c) of the Foreign
    Assistance Appropriations Act, 1990.
    ---------------------------------------------------------------------------
        (b) Drawdowns made pursuant to section 506(a)(2) of the
    Foreign Assistance Act of 1961 shall be subject to the regular
    notification procedures of the Committees on Appropriations.

    LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND
                                    PROGRAMS

        Sec. 516. Subject to the regular notification procedures of
    the Committees on Appropriations, funds appropriated under this
    Act or any previously enacted Act making appropriations for
    foreign operations, export financing, and related programs,
    which are returned or not made available for organizations and
    programs because of the implementation of section 307(a) of the
    Foreign Assistance Act of 1961, shall remain available for
    obligation until September 30, 2002.

                 INDEPENDENT STATES OF THE FORMER SOVIET UNION

        Sec. 517. (a) None of the funds appropriated under the
    heading ``Assistance for the Independent States of the Former
    Soviet Union'' shall be made available for assistance for a
    government of an Independent State of the former Soviet Union--
              (1) unless that government is making progress in
            implementing comprehensive economic reforms based on
            market principles, private ownership, respect for
            commercial contracts, and equitable treatment of
            foreign private investment; and
              (2) if that government applies or transfers United
            States assistance to any entity for the purpose of
            expropriating or seizing ownership or control of
            assets, investments, or ventures.
    Assistance may be furnished without regard to this subsection
    if the President determines that to do so is in the national
    interest.
        (b) \45\ None of the funds appropriated under the heading
    ``Assistance for the Independent States of the Former Soviet
    Union'' shall be made available for assistance for a government
    of an Independent State of the former Soviet Union if that
    government directs any action in violation of the territorial
    integrity or national sovereignty of any other Independent
    State of the former Soviet Union, 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.
    ---------------------------------------------------------------------------
        \45\ 22 U.S.C. 5814 note.
    ---------------------------------------------------------------------------
        (c) None of the funds appropriated under the heading
    ``Assistance for the Independent States of the Former Soviet
    Union'' shall be made available for any state to enhance its
    military capability: Provided, That this restriction does not
    apply to demilitarization, demining or nonproliferation
    programs.
        (d) Funds appropriated under the heading ``Assistance for
    the Independent States of the Former Soviet Union'' for the
    Russian Federation, Armenia, Georgia, and Ukraine shall be
    subject to the regular notification procedures of the
    Committees on Appropriations.
        (e) Funds made available in this Act for assistance for the
    Independent States of the former Soviet Union shall be subject
    to the provisions of section 117 (relating to environment and
    natural resources) of the Foreign Assistance Act of 1961.
        (f) Funds appropriated in this or prior appropriations Acts
    that are or have been made available for an Enterprise Fund in
    the Independent States of the Former Soviet Union may be
    deposited by such Fund in interest-bearing accounts \46\ prior
    to the disbursement of such funds by the Fund 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.
    ---------------------------------------------------------------------------
        \46\ See also sec. 514 of the Security Assistance Act of 2000
    (Public Law 106-280; 114 Stat. 857), relating to interest-bearing
    accounts and security assistance to Egypt.
    ---------------------------------------------------------------------------
        (g) In issuing new task orders, entering into contracts, or
    making grants, with funds appropriated in this Act or prior
    appropriations Acts under the heading ``Assistance for the
    Independent States of the Former Soviet Union'' and under
    comparable headings in prior appropriations Acts, for projects
    or activities that have as one of their primary purposes the
    fostering of private sector development, the Coordinator for
    United States Assistance to the New Independent States and the
    implementing agency shall encourage the participation of and
    give significant weight to contractors and grantees who propose
    investing a significant amount of their own resources
    (including volunteer services and in-kind contributions) in
    such projects and activities.

       PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION

        Sec. 518.\47\ None of the funds made available to carry out
    part I of the Foreign Assistance Act of 1961, as amended, may
    be used to pay for the performance of abortions as a method of
    family planning or to motivate or coerce any person to practice
    abortions. None of the funds made available to carry out part I
    of the Foreign Assistance Act of 1961, as amended, may be used
    to pay for the performance of involuntary sterilization as a
    method of family planning or to coerce or provide any financial
    incentive to any person to undergo sterilizations. None of the
    funds made available to carry out part I of the Foreign
    Assistance Act of 1961, as amended, may be used to pay for any
    biomedical research which relates in whole or in part, to
    methods of, or the performance of, abortions or involuntary
    sterilization as a means of family planning. None of the funds
    made available to carry out part I of the Foreign Assistance
    Act of 1961, as amended, may be obligated or expended for any
    country or organization if the President certifies that the use
    of these funds by any such country or organization would
    violate any of the above provisions related to abortions and
    involuntary sterilizations: Provided, That none of the funds
    made available under this Act may be used to lobby for or
    against abortion.
    ---------------------------------------------------------------------------
        \47\ Similar language, excluding the proviso, was first enacted as
    sec. 541 of the Foreign Assistance Appropriations Act, 1986. See also
    sec. 104(f) of the Foreign Assistance Act of 1961.
    ---------------------------------------------------------------------------

                     EXPORT FINANCING TRANSFER AUTHORITIES

        Sec. 519.\48\ Not to exceed 5 percent of any appropriation
    other than for administrative expenses made available for
    fiscal year 2001, for programs under title I of this Act may be
    transferred between such appropriations for use for any of the
    purposes, programs, and activities for which the funds in such
    receiving account may be used, but no such appropriation,
    except as otherwise specifically provided, shall be increased
    by more than 25 percent by any such transfer: Provided, That
    the exercise of such authority shall be subject to the regular
    notification procedures of the Committees on Appropriations.
    ---------------------------------------------------------------------------
        \48\ Similar language was first enacted as sec. 519 of the Foreign
    Assistance Appropriations Act, 2000.
    ---------------------------------------------------------------------------

                       SPECIAL NOTIFICATION REQUIREMENTS

        Sec. 520.\49\ None of the funds appropriated by this Act
    shall be obligated or expended for Colombia, Haiti, Liberia,
    Serbia, Sudan, Ethiopia, Eritrea, Zimbabwe, Pakistan, or the
    Democratic Republic of Congo except as provided through the
    regular notification procedures of the Committees on
    Appropriations.
    ---------------------------------------------------------------------------
        \49\ The following countries have been listed in similar sections
    in recent previous fiscal years:
        Fiscal year 2000--Colombia, Haiti, Liberia, Pakistan, Panama,
    Serbia, Sudan, or the Democratic Republic of Congo;
        Fiscal year 1999--Colombia, Honduras, Haiti, Liberia, Pakistan,
    Serbia, Sudan, or the Democratic Republic of Congo;
        Fiscal year 1998--Colombia, Haiti, Liberia, Pakistan, Panama, Peru,
    Serbia, Sudan, or the Democratic Republic of Congo;
        Fiscal year 1997--Colombia, Guatemala (except development
    assistance for Guatemala), Dominican Republic, Haiti, Liberia,
    Pakistan, Peru, Serbia, Sudan, or Zaire;
        Fiscal year 1996--Colombia, Dominican Republic, Guatemala, Haiti,
    Liberia, Nicaragua (with exception), Pakistan, Peru, Russia, Sudan, or
    Zaire;
        Fiscal year 1995--Colombia, Dominican Republic, El Salvador (with
    exception), Guatemala, Haiti, Indonesia, Liberia, Nicaragua (with
    exception), Pakistan, Peru, Rwanda, Sudan, or Zaire;
        Fiscal year 1994--Afghanistan, Cambodia, Colombia, El Salvador
    (with exception), Guatemala, Haiti, Indonesia, Jordan, Liberia, Malawi,
    Nicaragua (with exception), Peru, Sudan, Togo, or Zaire;
        Fiscal year 1993--Sudan, Liberia, Lebanon, Zaire, Yemen, Haiti,
    Ivory Coast, Guatemala, Malawi, Peru, Uganda, Cambodia, Indonesia, or
    Somalia;
        Fiscal year 1992--Sudan, Liberia, Lebanon, Zaire, Chile, Yemen,
    Haiti, Guatemala, or Somalia; and
        Fiscal year 1991--Sudan, Liberia, Lebanon, Zaire, Chile, Yemen,
    Haiti, Guatemala, or Somalia.
    ---------------------------------------------------------------------------

                  DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

        Sec. 521.\50\ For the purpose of this Act, ``program,
    project, and activity'' shall be defined at the appropriations
    Act account level and shall include all appropriations and
    authorizations Acts earmarks, ceilings, and limitations with
    the exception that for the following accounts: Economic Support
    Fund and Foreign Military Financing Program, ``program,
    project, and activity'' shall also be considered to include
    country, regional, and central program level funding within
    each such account; for the development assistance accounts of
    the Agency for International Development ``program, project,
    and activity'' shall also be considered to include central
    program level funding, either as: (1) justified to the
    Congress; or (2) allocated by the executive branch in
    accordance with a report, to be provided to the Committees on
    Appropriations within 30 days of the enactment of this Act, as
    required by section 653(a) of the Foreign Assistance Act of
    1961.
    ---------------------------------------------------------------------------
        \50\ Similar language was first enacted as sec. 550 of the Foreign
    Assistance Appropriations Act, 1987.
    ---------------------------------------------------------------------------

                CHILD SURVIVAL AND DISEASE PREVENTION ACTIVITIES

        Sec. 522.\51\ Up to $16,000,000 of the funds made available
    by this Act for assistance under the heading ``Child Survival
    and Disease Programs Fund'', may be used to reimburse United
    States Government agencies, agencies of State governments,
    institutions of higher learning, and private and voluntary
    organizations for the full cost of individuals (including for
    the personal services of such individuals) detailed or assigned
    to, or contracted by, as the case may be, the Agency for
    International Development for the purpose of carrying out child
    survival, basic education, and infectious disease activities:
    Provided, That up to $1,500,000 of the funds made available by
    this Act for assistance under the heading ``Development
    Assistance'' may be used to reimburse such agencies,
    institutions, and organizations for such costs of such
    individuals carrying out other development assistance
    activities: Provided further, That funds appropriated by this
    Act that are made available for child survival activities or
    disease programs including activities relating to research on,
    and the prevention, treatment and control of, Acquired Immune
    Deficiency Syndrome may be made available notwithstanding any
    provision of law that restricts assistance to foreign
    countries: Provided further, That funds appropriated under
    title II of this Act may be made available pursuant to section
    301 of the Foreign Assistance Act of 1961 if a primary purpose
    of the assistance is for child survival and related programs.
    ---------------------------------------------------------------------------
        \51\ Similar language was first enacted as sec. 551 of the Foreign
    Assistance Appropriations Act, 1987. References to activities relating
    to control and treatment of Acquired Immune Deficiency Syndrome (AIDS)
    in developing countries first appeared in sec. 545 of the Foreign
    Assistance Appropriations Act, 1989; the current proviso regarding AIDS
    was added in sec. 542 of the Foreign Assistance Appropriations Act,
    1993. A proviso exempting family planning funds from the application of
    sections of law pertaining default or external debt was added in sec.
    542 of the Foreign Assistance Appropriations Act, 1993, and stated
    annually through FY2000. A proviso, relating to AID personnel policy,
    was included in the section from FY1989 through FY 1995. Reference to
    ``other infectious diseases'', ``prevention'', and ``disease programs''
    other than child survival programs were added in Foreign Assistance
    Appropriations Act, 1999. The Foreign Assistance Appropriations Act,
    1999, also included a reference to family planning programs that is
    omitted this year. The first proviso, referring to development
    assistance and reimbursements, was added in Foreign Assistance
    Appropriations Act, 2000.
    ---------------------------------------------------------------------------

           PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN COUNTRIES

        Sec. 523.\52\ 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.
    ---------------------------------------------------------------------------
        \52\ The following countries have been listed in similar sections
    in recent previous fiscal years:
        Fiscal year 2000--Cuba, Iraq, Libya, Iran, Syria, North Korea, or
    the People's Republic of China;
        Fiscal year 1999--Cuba, Iraq, Libya, Iran, Syria, North Korea, or
    the People's Republic of China;
        Fiscal year 1998--Cuba, Iraq, Libya, Iran, Syria, North Korea, or
    the People's Republic of China;
        Fiscal year 1997--Cuba, Iraq, Libya, Iran, Syria, North Korea, or
    the People's Republic of China;
        Fiscal year 1996--Cuba, Iraq, Libya, Iran, Syria, North Korea, or
    the People's Republic of China;
        Fiscal year 1995--Cuba, Iraq, Libya, Iran, Syria, North Korea, or
    the People's Republic of China;
        Fiscal year 1994--Cuba, Iraq, Libya, the Socialist Republic of
    Vietnam, Iran, Syria, North Korea, People's Republic of China, or Laos;
        Fiscal year 1993--Cuba, Iraq, Libya, the Socialist Republic of
    Vietnam, Iran, Syria, North Korea, People's Republic of China, Laos,
    Jordan, or Yemen;
        Fiscal year 1992--Angola, Cambodia, Cuba, Iraq, Libya, the
    Socialist Republic of Vietnam, Iran, or Syria; and
        Fiscal year 1991--Angola, Cambodia, Cuba, Iraq, Libya, the
    Socialist Republic of Vietnam, Iran, or Syria.
    ---------------------------------------------------------------------------

                    NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

        Sec. 524.\53\ Prior to providing excess Department of
    Defense articles in accordance with section 516(a) of the
    Foreign Assistance Act of 1961, the Department of Defense shall
    notify the Committees on Appropriations to the same extent and
    under the same conditions as are other committees pursuant to
    subsection (f ) of that section: Provided, That before issuing
    a letter of offer to sell excess defense articles under the
    Arms Export Control Act, the Department of Defense shall notify
    the Committees on Appropriations in accordance with the regular
    notification procedures of such Committees: Provided further,
    That such Committees shall also be informed of the original
    acquisition cost of such defense articles.
    ---------------------------------------------------------------------------
        \53\ Similar language, excluding the first proviso, was first
    enacted as sec. 559 of the Foreign Assistance Appropriations Act, 1988.
    The first proviso was added by sec. 548 of the Foreign Assistance
    Appropriations Act, 1991.
    ---------------------------------------------------------------------------

                           AUTHORIZATION REQUIREMENT

        Sec. 525.\54\ Funds appropriated by this Act, except funds
    appropriated under the headings ``International Military
    Education and Training'' and ``Foreign Military Financing
    Program'', may be obligated and expended notwithstanding
    section 10 of Public Law 91-672 and section 15 of the State
    Department Basic Authorities Act of 1956.
    ---------------------------------------------------------------------------
        \54\ For authorization of appropriations for International Military
    Education and Training and Foreign Military Financing Program for
    fiscal years 2001 and 2002, see the Security Assistance Act of 2000
    (Public Law 106-280; 114 Stat. 845), beginning on page 497.
    ---------------------------------------------------------------------------

                               DEMOCRACY IN CHINA

        Sec. 526.\55\ Notwithstanding any other provision of law
    that restricts assistance to foreign countries, funds
    appropriated by this Act for ``Economic Support Fund'' may be
    made available to provide general support and grants for
    nongovernmental organizations located outside the People's
    Republic of China that have as their primary purpose fostering
    democracy in that country, and for activities of
    nongovernmental organizations located outside the People's
    Republic of China to foster rule of law and democracy in that
    country: Provided, That none of the funds made available for
    activities to foster democracy in the People's Republic of
    China may be made available for assistance to the government of
    that country, except that funds appropriated by this Act under
    the heading ``Economic Support Fund'' that are made available
    for the National Endowment for Democracy or its grantees may be
    made available for activities to foster democracy in that
    country notwithstanding this proviso and any other provision of
    law: Provided further, That upon enactment of this Act funds
    appropriated by this or any prior Acts making appropriations
    for foreign operations, export financing, and related programs,
    that are provided to the National Endowment for Democracy shall
    be provided notwithstanding any other provision of law or
    regulation: Provided further, That funds made available
    pursuant to the authority of this section shall be subject to
    the regular notification procedures of the Committees on
    Appropriations: Provided further, That notwithstanding any
    other provision of law, of the funds appropriated by this Act
    to carry out the provisions of chapter 4 of part II of the
    Foreign Assistance Act of 1961, not to exceed $2,000,000 may be
    made available to nongovernmental organizations located outside
    the People's Republic of China to support activities which
    preserve cultural traditions and promote sustainable
    development and environmental conservation in Tibetan
    communities in that country: Provided further, That the final
    proviso in section 526 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2000 (as
    enacted into law by section 1000(a)(2) of Public Law 106-113)
    is amended by striking ``Robert F. Kennedy Memorial Center for
    Human Rights'' and inserting ``Jamestown Foundation''.\56\
    ---------------------------------------------------------------------------
        \55\ Language similar to the first proviso, excluding the exception
    for National Endowment for Democracy funds was first enacted as sec.
    527 of the Foreign Operations Appropriations Act, 1999.
        \56\ The final proviso on sec. 526 of the Foreign Assistance
    Appropriations Act, 2000, as amended, provides the following:
        ``* * * Provided further, That notwithstanding any other provision
    of law that restricts assistance to foreign countries, of the funds
    appropriated by this Act under the heading ``Economic Support Fund'',
    $1,000,000 shall be made available to the Jamestown Foundation for a
    project to disseminate information and support research about the
    People's Republic of China, and related activities.''.
    ---------------------------------------------------------------------------

           PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

        Sec. 527.\57\ (a) Funds appropriated for bilateral
    assistance under any heading of this Act and funds appropriated
    under any such heading in a provision of law enacted prior to
    the enactment of this Act, shall not be made available to any
    country which the President determines--
    ---------------------------------------------------------------------------
        \57\ Sec. 576 of the Foreign Assistance Appropriations Act, 1988,
    first enacted a ``Prohibition on Bilateral Assistance to Terrorist
    Countries''. Sec. 564 of the Foreign Assistance Appropriations Act,
    1990, substantially reworded this prohibition, providing the criteria
    for restriction, and the requirement for Presidential determination and
    waiver.
        See also sec. 620A of the Foreign Assistance Act of 1961, sec. 40
    of the Arms Export Control Act (this volume), and sec. 6(j) of the
    Export Administration Act (volume III).
    ---------------------------------------------------------------------------
              (1) grants sanctuary from prosecution to any
            individual or group which has committed an act of
            international terrorism; or
              (2) otherwise supports international terrorism.
        (b) The President may waive the application of subsection
    (a) to a country if the President determines that national
    security or humanitarian reasons justify such waiver. The
    President shall publish each waiver in the Federal Register
    and, at least 15 days before the waiver takes effect, shall
    notify the Committees on Appropriations of the waiver
    (including the justification for the waiver) in accordance with
    the regular notification procedures of the Committees on
    Appropriations.

            REPORT ON IMPLEMENTATION OF SUPPLEMENTAL APPROPRIATIONS

        Sec. 528. (a) Beginning not later than January 1, 2001, the
    Secretary of State shall provide quarterly reports to the
    Committees on Appropriations providing information on the use
    of funds appropriated in title VI of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 2000
    (as enacted into law by section 1000(a)(2) of Public Law 106-
    113).\58\ Each report shall include the following--
    ---------------------------------------------------------------------------
        \58\ Title VI of the Foreign Assistance Appropriations Act, 2000,
    provided supplemental appropriations: $450 million in economic support
    funds for Jordan, the West Bank and Gaza, to remain available until
    September 30, 2002; and an additional $1.375 billion in foreign
    military financing program funds to be divided among Israel, Egypt, and
    Jordan, to remain available until September 30, 2002. For text, see
    page 845.
    ---------------------------------------------------------------------------
              (1) the current and projected status of obligations
            and expenditures by appropriations account, by country,
            and by program, project, and activity;
              (2) the contractors and subcontractors engaged in
            activities funded from appropriations contained in
            title VI; and
              (3) the procedures and processes under which
            decisions have been or will be made on which programs,
            projects, and activities are funded through
            appropriations contained in title VI.
        (b) For each report required by this section, a classified
    annex may be submitted if deemed necessary and appropriate.
        (c) The last quarterly report required by this section
    shall be provided to the Committees on Appropriations by
    January 1, 2002.

                             COMPETITIVE INSURANCE

        Sec. 529.\59\ All Agency for International Development
    contracts and solicitations, and subcontracts entered into
    under such contracts, shall include a clause requiring that
    United States insurance companies have a fair opportunity to
    bid for insurance when such insurance is necessary or
    appropriate.
    ---------------------------------------------------------------------------
        \59\ First enacted as sec. 584 of the Foreign Assistance
    Appropriations Act, 1989.
    ---------------------------------------------------------------------------

                                      Peru

        Sec. 530. (a) Determination.--Not later than 90 days after
    the date of the enactment of this Act, and every 90 days
    thereafter during fiscal year 2001, the Secretary of State
    shall determine and report to the Committees on Appropriations
    whether the Government of Peru has made substantial progress in
    creating the conditions for free and fair elections, and in
    respecting human rights, the rule of law, the independence and
    constitutional role of the judiciary and national congress, and
    freedom of expression and independent media.
        (b) Prohibition.--If the Secretary determines and reports
    pursuant to subsection (a) that the Government of Peru has not
    made substantial progress, no funds appropriated by this Act
    may be made available for assistance for the Central Government
    of Peru.
        (c) Of the funds appropriated by this Act, not less than
    $2,000,000 should be made available to support the work of
    nongovernmental organizations and the Organization of American
    States in promoting free and fair elections, democratic
    institutions, and human rights in Peru.

                              DEBT-FOR-DEVELOPMENT

        Sec. 531.\60\ In order to enhance the continued
    participation of nongovernmental organizations in economic
    assistance activities under the Foreign Assistance Act of 1961,
    including endowments, debt-for-development and debt-for-nature
    exchanges, a nongovernmental organization which is a grantee or
    contractor of the Agency for International Development may
    place in interest bearing accounts funds made available under
    this Act or prior Acts or local currencies which accrue to that
    organization as a result of economic assistance provided under
    title II of this Act and any interest earned on such investment
    shall be used for the purpose for which the assistance was
    provided to that organization.
    ---------------------------------------------------------------------------
        \60\ Similar language was first enacted as sec. 584 of the Foreign
    Assistance Appropriations Act, 1990.
    ---------------------------------------------------------------------------

                               SEPARATE ACCOUNTS

        Sec. 532.\61\ (a) Separate Accounts for Local Currencies.--
    (1) If assistance is furnished to the government of a foreign
    country under chapters 1 and 10 of part I or chapter 4 of part
    II of the Foreign Assistance Act of 1961 under agreements which
    result in the generation of local currencies of that country,
    the Administrator of the Agency for International Development
    shall--
    ---------------------------------------------------------------------------
        \61\ 22 U.S.C. 2362 note. Similar language was first contained in
    sec. 592 of the Foreign Assistance Appropriations Act, 1990.
    ---------------------------------------------------------------------------
              (A) require that local currencies be deposited in a
            separate account established by that government;
              (B) enter into an agreement with that government
            which sets forth--
                      (i) the amount of the local currencies to be
                    generated; and
                      (ii) the terms and conditions under which the
                    currencies so deposited may be utilized,
                    consistent with this section; and
              (C) establish by agreement with that government the
            responsibilities of the Agency for International
            Development and that government to monitor and account
            for deposits into and disbursements from the separate
            account.
        (2) Uses of Local Currencies.--As may be agreed upon with
    the foreign government, local currencies deposited in a
    separate account pursuant to subsection (a), or an equivalent
    amount of local currencies, shall be used only--
              (A) to carry out chapter 1 or 10 of part I or chapter
            4 of part II (as the case may be), for such purposes
            as--
                      (i) project and sector assistance activities;
                    or
                      (ii) debt and deficit financing; or
              (B) for the administrative requirements of the United
            States Government.
        (3) Programming Accountability.--The Agency for
    International Development shall take all necessary steps to
    ensure that the equivalent of the local currencies disbursed
    pursuant to subsection (a)(2)(A) from the separate account
    established pursuant to subsection (a)(1) are used for the
    purposes agreed upon pursuant to subsection (a)(2).
        (4) Termination of Assistance Programs.--Upon termination
    of assistance to a country under chapter 1 or 10 of part I or
    chapter 4 of part II (as the case may be), any unencumbered
    balances of funds which remain in a separate account
    established pursuant to subsection (a) shall be disposed of for
    such purposes as may be agreed to by the government of that
    country and the United States Government.
        (5) Reporting Requirement.--The Administrator of the Agency
    for International Development shall report on an annual basis
    as part of the justification documents submitted to the
    Committees on Appropriations on the use of local currencies for
    the administrative requirements of the United States Government
    as authorized in subsection (a)(2)(B), and such report shall
    include the amount of local currency (and United States dollar
    equivalent) used and/or to be used for such purpose in each
    applicable country.
        (b) Separate Accounts for Cash Transfers.--(1) If
    assistance is made available to the government of a foreign
    country, under chapter 1 or 10 of part I or chapter 4 of part
    II of the Foreign Assistance Act of 1961, as cash transfer
    assistance or as nonproject sector assistance, that country
    shall be required to maintain such funds in a separate account
    and not commingle them with any other funds.
        (2) Applicability of Other Provisions of Law.--Such funds
    may be obligated and expended notwithstanding provisions of law
    which are inconsistent with the nature of this assistance
    including provisions which are referenced in the Joint
    Explanatory Statement of the Committee of Conference
    accompanying House Joint Resolution 648 (House Report No. 98-
    1159).\62\
    ---------------------------------------------------------------------------
        \62\ Provisions referred to in the Joint Explanatory Statement of
    the Committee of Conference accompanying House Joint Resolution 648 (H.
    Report No. 98-1159) include: sec. 604 of the Foreign Assistance Act of
    1961, as amended; section 901(b)(1) of the Merchant Marine Act of 1936,
    as amended; section 5 of the International Air Transportation Fair
    Competitive Practice Act of 1974; section 644 of the Small Business
    Act; section 2711 of the Competition in Contracting Act of 1984; and
    the provisions of the Federal Property and Administrative Services Act
    of 1949, as amended.
    ---------------------------------------------------------------------------
        (3) Notification.--At least 15 days prior to obligating any
    such cash transfer or nonproject sector assistance, the
    President shall submit a notification through the regular
    notification procedures of the Committees on Appropriations,
    which shall include a detailed description of how the funds
    proposed to be made available will be used, with a discussion
    of the United States interests that will be served by the
    assistance (including, as appropriate, a description of the
    economic policy reforms that will be promoted by such
    assistance).
        (4) Exemption.--Nonproject sector assistance funds may be
    exempt from the requirements of subsection (b)(1) only through
    the notification procedures of the Committees on
    Appropriations.

      COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL
                             FINANCIAL INSTITUTIONS

        Sec. 533.\63\ (a) No funds appropriated by this Act may be
    made as payment to any international financial institution
    while the United States Executive Director to such institution
    is compensated by the institution at a rate which, together
    with whatever compensation such Director receives from the
    United States, is in excess of the rate provided for an
    individual occupying a position at level IV of the Executive
    Schedule under section 5315 of title 5, United States Code, or
    while any alternate United States Director to such institution
    is compensated by the institution at a rate in excess of the
    rate provided for an individual occupying a position at level V
    of the Executive Schedule under section 5316 of title 5, United
    States Code.
    ---------------------------------------------------------------------------
        \63\ Similar language was first enacted as sec. 578 of the Foreign
    Assistance Appropriations Act, 1991. Reference to the North American
    Development Bank was added in the Foreign Assistance Appropriations
    Act, 1996.
    ---------------------------------------------------------------------------
        (b) For purposes of this section, ``international financial
    institutions'' are: the International Bank for Reconstruction
    and Development, the Inter-American Development Bank, the Asian
    Development Bank, the Asian Development Fund, the African
    Development Bank, the African Development Fund, the
    International Monetary Fund, the North American Development
    Bank, and the European Bank for Reconstruction and Development.

             COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ

        Sec. 534.\64\ 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--
    ---------------------------------------------------------------------------
        \64\ 50 U.S.C. 1701 note. Language similar to that in this section
    was first enacted as sec. 586D(a) of the Foreign Assistance
    Appropriations Act, 1991 (part of the Iraq Sanctions Act of 1990--secs.
    586-586J of the Foreign Assistance Appropriations Act, 1991). The
    section, as it was continued in annual foreign assistance
    appropriations acts, was expanded to include Serbia and Montenegro
    during fiscal years 1995 through 1997.
        Sec. 586D(b) of the Foreign Assistance Appropriations Act, 1991,
    and subsequent foreign assistance appropriations acts through fiscal
    year 1997, authorized the President to prohibit importation into the
    United States of any or all products of any foreign country that had
    not prohibited exports to or imports from Iraq. Serbia and Montenegro
    were added to this language for fiscal years 1995 through 1997.
        For text of sec. 586D of the 1991 Act, see Legislation on Foreign
    Relations Through 2000, vol. I--B.
    ---------------------------------------------------------------------------
              (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.

     AUTHORITIES FOR THE PEACE CORPS, INTERNATIONAL FUND FOR AGRICULTURAL
        DEVELOPMENT, INTER-AMERICAN FOUNDATION AND AFRICAN DEVELOPMENT
                                   FOUNDATION

        Sec. 535.\65\ (a) Unless expressly provided to the
    contrary, provisions of this or any other Act, including
    provisions contained in prior Acts authorizing or making
    appropriations for foreign operations, export financing, and
    related programs, shall not be construed to prohibit activities
    authorized by or conducted under the Peace Corps Act, the
    Inter-American Foundation Act or the African Development
    Foundation Act. The agency shall promptly report to the
    Committees on Appropriations whenever it is conducting
    activities or is proposing to conduct activities in a country
    for which assistance is prohibited.
    ---------------------------------------------------------------------------
        \65\ Sec. 589 of the Foreign Assistance Appropriations Act, 1993,
    first enacted subsec. (a). Sec. 537 of the Foreign Assistance
    Appropriations Act, 1999, first enacted subsec. (b).
    ---------------------------------------------------------------------------
        (b) Unless expressly provided to the contrary, limitations
    on the availability of funds for ``International Organizations
    and Programs'' in this or any other Act, including prior
    appropriations Acts, shall not be construed to be applicable to
    the International Fund for Agricultural Development.

                      IMPACT ON JOBS IN THE UNITED STATES

        Sec. 536.\66\ None of the funds appropriated by this Act
    may be obligated or expended to provide--
    ---------------------------------------------------------------------------
        \66\ Similar language was first enacted, except the proviso in
    subsec. (c), as sec. 599 of the Foreign Assistance Appropriations Act,
    1993. That proviso was added by sec. 547 of the Foreign Assistance
    Appropriations Act, 1994.
    ---------------------------------------------------------------------------
              (a) any financial incentive to a business enterprise
            currently located in the United States for the purpose
            of inducing such an enterprise to relocate outside the
            United States if such incentive or inducement is likely
            to reduce the number of employees of such business
            enterprise in the United States because United States
            production is being replaced by such enterprise outside
            the United States;
              (b) assistance for the purpose of establishing or
            developing in a foreign country any export processing
            zone or designated area in which the tax, tariff,
            labor, environment, and safety laws of that country do
            not apply, in part or in whole, to activities carried
            out within that zone or area, unless the President
            determines and certifies that such assistance is not
            likely to cause a loss of jobs within the United
            States; or
              (c) assistance for any project or activity that
            contributes to the violation of internationally
            recognized workers rights, as defined in section
            502(a)(4) of the Trade Act of 1974, of workers in the
            recipient country, including any designated zone or
            area in that country: Provided, That in recognition
            that the application of this subsection should be
            commensurate with the level of development of the
            recipient country and sector, the provisions of this
            subsection shall not preclude assistance for the
            informal sector in such country, micro and small-scale
            enterprise, and smallholder agriculture.

                             CLEAN COAL TECHNOLOGY

        Sec. 537. (a) Findings.--The Congress finds as follows:
              (1) The United States is the world leader in the
            development of environmental technologies, particularly
            clean coal technology.
              (2) Severe pollution problems affecting people in
            developing countries, and the serious health problems
            that result from such pollution, can be effectively
            addressed through the application of United States
            technology.
              (3) During the next century, developing countries,
            particularly countries in Asia such as China and India,
            will dramatically increase their consumption of
            electricity, and low quality coal will be a major
            source of fuel for power generation.
              (4) Without the use of modern clean coal technology,
            the resultant pollution will cause enormous health and
            environmental problems leading to diminished economic
            growth in developing countries and, thus, diminished
            United States exports to those growing markets.
        (b) Statement of Policy.--It is the policy of the United
    States to promote the export of United States clean coal
    technology. In furtherance of that policy, the Secretary of
    State, the Secretary of the Treasury (acting through the United
    States executive directors to international financial
    institutions), the Secretary of Energy, and the Administrator
    of the United States Agency for International Development
    (USAID) should, as appropriate, vigorously promote the use of
    United States clean coal technology in environmental and energy
    infrastructure programs, projects and activities. Programs,
    projects and activities for which the use of such technology
    should be considered include reconstruction assistance for the
    Balkans, activities carried out by the Global Environment
    Facility, and activities funded from USAID's Development Credit
    Authority.

                              SPECIAL AUTHORITIES

        Sec. 538.\67\ (a) Afghanistan, Lebanon, Montenegro, Victims
    of War, Displaced Children, and Displaced Burmese.--Funds
    appropriated in titles I and II of this Act that are made
    available for Afghanistan, Lebanon, Montenegro, and for victims
    of war, displaced children, and displaced Burmese, may be made
    available notwithstanding any other provision of law: Provided,
    That any such funds that are made available for Cambodia shall
    be subject to the provisions of section 531(e) of the Foreign
    Assistance Act of 1961 and section 906 of the International
    Security and Development Cooperation Act of 1985.
    ---------------------------------------------------------------------------
        \67\ Language similar to that in subsecs. (a) and (b) was first
    enacted as sec. 549 of the Foreign Assistance Appropriations Act, 1994.
    Various provisos in subsec. (a) have been added and omitted since the
    section's introduction. Subsec. (c) was added as subsec. (d) in fiscal
    year 1995. New subsec. (d) was added in sec. 540 of the Foreign
    Assistance Appropriations Act, 1999.
        Reference to ``victims of war'' and ``displaced children'' have
    been included annually. The following countries and groups have been
    listed in similar sections in previous fiscal years:
        Fiscal Year 2000--Afghanistan, Lebanon, Montenegro, victims of war,
    displaced children, displaced Burmese, Romania (humanitarian
    assistance), Kosova (humanitarian assistance);
        Fiscal Year 1999--Afghanistan, Lebanon, Montenegro, victims of war,
    displaced children, displaced Burmese, Romania (humanitarian
    assistance), (Kosova) humanitarian assistance;
        Fiscal Year 1998--Afghanistan, Lebanon, displaced Burmese, Romania
    (humanitarian assistance), and humanitarian assistance for the peoples
    of Bosnia and Herzegovina, Croatia and Kosova;
        Fiscal Year 1997--Afghanistan, Lebanon, Cambodia (with conditions),
    displaced Burmese, Romania (humanitarian assistance), humanitarian
    assistance for the peoples of Bosnia and Herzegovina, Croatia and
    Kosova;
        Fiscal Year 1996--Afghanistan, Lebanon, Cambodia (with conditions),
    displaced Burmese, Romania (humanitarian assistance), humanitarian
    assistance for the peoples of Bosnia-Herzegovina, Croatia and Kosova;
        Fiscal Year 1995--Haiti, Afghanistan, Lebanon, Cambodia (with
    conditions), displaced Burmese, Romania (humanitarian assistance),
    humanitarian assistance for the peoples of Bosnia-Herzegovina, Croatia
    and Kosova; and
        Fiscal Year 1994--Haiti, Afghanistan, Lebanon, Cambodia (with
    conditions), displaced Burmese, Romania (humanitarian assistance),
    humanitarian assistance for the peoples of Bosnia-Herzegovina, Croatia
    and Kosova.
    ---------------------------------------------------------------------------
        (b) Tropical Forestry and Biodiversity Conservation
    Activities.--Funds appropriated by this Act to carry out the
    provisions of sections 103 through 106, and chapter 4 of part
    II, of the Foreign Assistance Act of 1961 may be used,
    notwithstanding any other provision of law, for the purpose of
    supporting tropical forestry and biodiversity conservation
    activities and, subject to the regular notification procedures
    of the Committees on Appropriations, energy programs aimed at
    reducing greenhouse gas emissions: Provided, That such
    assistance shall be subject to sections 116, 502B, and 620A of
    the Foreign Assistance Act of 1961.
        (c) Personal Services Contractors.--Funds appropriated by
    this Act to carry out chapter 1 of part I, chapter 4 of part
    II, and section 667 of the Foreign Assistance Act of 1961, and
    title II of the Agricultural Trade Development and Assistance
    Act of 1954, may be used by the Agency for International
    Development to employ up to 25 personal services contractors in
    the United States, notwithstanding any other provision of law,
    for the purpose of providing direct, interim support for new or
    expanded overseas programs and activities and managed by the
    agency until permanent direct hire personnel are hired and
    trained: Provided, That not more than 10 of such contractors
    shall be assigned to any bureau or office: Provided further,
    That such funds appropriated to carry out the Foreign
    Assistance Act of 1961 may be made available for personal
    services contractors assigned only to the Office of Health and
    Nutrition; the Office of Procurement; the Bureau for Africa;
    the Bureau for Latin America and the Caribbean; and the Bureau
    for Asia and the Near East: Provided further, That such funds
    appropriated to carry out title II of the Agricultural Trade
    Development and Assistance Act of 1954, may be made available
    only for personal services contractors assigned to the Office
    of Food for Peace.
        (d) \68\ (1) Waiver.--The President may waive the
    provisions of section 1003 of Public Law 100-204 if the
    President determines and certifies in writing to the Speaker of
    the House of Representatives and the President pro tempore of
    the Senate that it is important to the national security
    interests of the United States.
    ---------------------------------------------------------------------------
        \68\ Sec. 3 of the Middle East Peace Facilitation Act of 1993, as
    amended (Public Law 103-125; 107 Stat. 1309), authorized the President
    to suspend certain provisions of law as they applied to the P.L.O. or
    entities associated with it if certain conditions were met and the
    President so certified and consulted with relevant congressional
    committees. This authority was continued in the Middle East Peace
    Facilitation Act of 1994 (part E of Public Law 103-236) and the Middle
    East Peace Facilitation Act of 1995 (title VI of the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1996; Public Law 104-107).
        New authority to waive certain provisions was continued in general
    provisions of this Act; see also secs. 552, 556, 566, and 584.
        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); until August 12, 1997, by Presidential
    Determination No. 97-17 of February 21, 1997 (62 F.R. 9903); through
    June 4, 1998, by Presidential Determination No. 98-8 of December 5,
    1997 (62 F.R. 66255); through November 26, 1998, by Presidential
    Determination No. 98-29 of June 3, 1998 (63 F.R. 32711); through May
    24, 1999, by Presidential Determination No. 99-5 of November 25, 1998
    (63 F.R. 68145); through October 21, 1999 (Presidential Determination
    No. 99-25; May 24, 1999; 64 F.R. 29537); and through April 21, 2000
    (Presidential Determination 00-2; October 21, 1999; 64 F.R. 58755).
    ---------------------------------------------------------------------------
        (2) Period of Application of Waiver.--Any waiver pursuant
    to paragraph (1) shall be effective for no more than a period
    of 6 months at a time and shall not apply beyond 12 months
    after the enactment of this Act.

    POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT OF ISRAEL AND NORMALIZING
                             RELATIONS WITH ISRAEL

        Sec. 539.\69\ It is the sense of the Congress that--
    ---------------------------------------------------------------------------
        \69\ Language similar to that in paras. (1) and (5) was first
    enacted as sec. 598(b) of the Foreign Assistance Appropriations Act,
    1993. Paras. (2) and (4), as well as the phrase, ``and to expand the
    process of normalizing ties between Arab League countries and Israel''
    in para. (5)(C), were added in sec. 540 of the Foreign Assistance
    Appropriations Act, 1998. Para. (3) was added in fiscal year 2001.
    ---------------------------------------------------------------------------
              (1) the Arab League countries should immediately and
            publicly renounce the primary boycott of Israel and the
            secondary and tertiary boycott of American firms that
            have commercial ties with Israel and should normalize
            their relations with Israel;
              (2) the decision by the Arab League in 1997 to
            reinstate the boycott against Israel was deeply
            troubling and disappointing;
              (3) the fact that only three Arab countries maintain
            full diplomatic relations with Israel is also of deep
            concern;
              (4) the Arab League should immediately rescind its
            decision on the boycott and its members should develop
            normal relations with their neighbor Israel; and
              (5) the President should--
                      (A) take more concrete steps to encourage
                    vigorously Arab League countries to renounce
                    publicly the primary boycotts of Israel and the
                    secondary and tertiary boycotts of American
                    firms that have commercial relations with
                    Israel and to normalize their relations with
                    Israel;
                      (B) take into consideration the participation
                    of any recipient country in the primary boycott
                    of Israel and the secondary and tertiary
                    boycotts of American firms that have commercial
                    relations with Israel when determining whether
                    to sell weapons to said country;
                      (C) report to Congress annually on the
                    specific steps being taken by the United States
                    and the progress achieved to bring about a
                    public renunciation of the Arab primary boycott
                    of Israel and the secondary and tertiary
                    boycotts of American firms that have commercial
                    relations with Israel and to expand the process
                    of normalizing ties between Arab League
                    countries and Israel; and
                      (D) encourage the allies and trading partners
                    of the United States to enact laws prohibiting
                    businesses from complying with the boycott and
                    penalizing businesses that do comply.

                      ADMINISTRATION OF JUSTICE ACTIVITIES

        Sec. 540.\70\ Of the funds appropriated or otherwise made
    available by this Act for ``Economic Support Fund'', assistance
    may be provided to strengthen the administration of justice in
    countries in Latin America and the Caribbean and in other
    regions consistent with the provisions of section 534(b) of the
    Foreign Assistance Act of 1961, except that programs to enhance
    protection of participants in judicial cases may be conducted
    notwithstanding section 660 of that Act. Funds made available
    pursuant to this section may be made available notwithstanding
    section 534(c) and the second and third sentences of section
    534(e) of the Foreign Assistance Act of 1961.
    ---------------------------------------------------------------------------
        \70\ Language similar to this section has been enacted in previous
    years' appropriations Act, but under the section heading ``Anti-
    Narcotics Activities''.
    ---------------------------------------------------------------------------

                           ELIGIBILITY FOR ASSISTANCE

        Sec. 541.\71\ (a) Assistance Through Nongovernmental
    Organizations.--Restrictions contained in this or any other Act
    with respect to assistance for a country shall not be construed
    to restrict assistance in support of programs of
    nongovernmental organizations from funds appropriated by this
    Act to carry out the provisions of chapters 1, 10, 11, and 12
    of part I and chapter 4 of part II of the Foreign Assistance
    Act of 1961, and from funds appropriated under the heading
    ``Assistance for Eastern Europe and the Baltic States'':
    Provided, That the President shall take into consideration, in
    any case in which a restriction on assistance would be
    applicable but for this subsection, whether assistance in
    support of programs of nongovernmental organizations is in the
    national interest of the United States: Provided further, That
    before using the authority of this subsection to furnish
    assistance in support of programs of nongovernmental
    organizations, the President shall notify the Committees on
    Appropriations under the regular notification procedures of
    those committees, including a description of the program to be
    assisted, the assistance to be provided, and the reasons for
    furnishing such assistance: Provided further, That nothing in
    this subsection shall be construed to alter any existing
    statutory prohibitions against abortion or involuntary
    sterilizations contained in this or any other Act.
    ---------------------------------------------------------------------------
        \71\ Similar language was first enacted in sec. 562 of the Foreign
    Assistance Appropriations Act, 1993.
    ---------------------------------------------------------------------------
        (b) Public Law 480.--During fiscal year 2001, restrictions
    contained in this or any other Act with respect to assistance
    for a country shall not be construed to restrict assistance
    under the Agricultural Trade Development and Assistance Act of
    1954: Provided, That none of the funds appropriated to carry
    out title I of such Act and made available pursuant to this
    subsection may be obligated or expended except as provided
    through the regular notification procedures of the Committees
    on Appropriations.
        (c) Exception.--This section shall not apply--
              (1) with respect to section 620A of the Foreign
            Assistance Act of 1961 or any comparable provision of
            law prohibiting assistance to countries that support
            international terrorism; or
              (2) with respect to section 116 of the Foreign
            Assistance Act of 1961 or any comparable provision of
            law prohibiting assistance to countries that violate
            internationally recognized human rights.

                                    EARMARKS

        Sec. 542.\72\ (a) Funds appropriated by this Act which are
    earmarked may be reprogrammed for other programs within the
    same account notwithstanding the earmark if compliance with the
    earmark is made impossible by operation of any provision of
    this or any other Act or, with respect to a country with which
    the United States has an agreement providing the United States
    with base rights or base access in that country, if the
    President determines that the recipient for which funds are
    earmarked has significantly reduced its military or economic
    cooperation with the United States since the enactment of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1991; however, before exercising the
    authority of this subsection with regard to a base rights or
    base access country which has significantly reduced its
    military or economic cooperation with the United States, the
    President shall consult with, and shall provide a written
    policy justification to the Committees on Appropriations:
    Provided, That any such reprogramming shall be subject to the
    regular notification procedures of the Committees on
    Appropriations: Provided further, That assistance that is
    reprogrammed pursuant to this subsection shall be made
    available under the same terms and conditions as originally
    provided.
    ---------------------------------------------------------------------------
        \72\ Language pertaining to earmarks was first enacted in the
    Foreign Assistance Appropriations Act, 1988, but has substantially
    changed since then. Subsec. (b) was first added in the Foreign
    Assistance Appropriations Act, 1993.
    ---------------------------------------------------------------------------
        (b) In addition to the authority contained in subsection
    (a), the original period of availability of funds appropriated
    by this Act and administered by the Agency for International
    Development that are earmarked for particular programs or
    activities by this or any other Act shall be extended for an
    additional fiscal year if the Administrator of such agency
    determines and reports promptly to the Committees on
    Appropriations that the termination of assistance to a country
    or a significant change in circumstances makes it unlikely that
    such earmarked funds can be obligated during the original
    period of availability: Provided, That such earmarked funds
    that are continued available for an additional fiscal year
    shall be obligated only for the purpose of such earmark.

                             CEILINGS AND EARMARKS

        Sec. 543.\73\ Ceilings and earmarks contained in this Act
    shall not be applicable to funds or authorities appropriated or
    otherwise made available by any subsequent Act unless such Act
    specifically so directs. Earmarks or minimum funding
    requirements contained in any other Act shall not be applicable
    to funds appropriated by this Act.
    ---------------------------------------------------------------------------
        \73\ First enacted, not including the second sentence, as sec. 538
    of the Foreign Assistance Appropriations Act, 1985.
    ---------------------------------------------------------------------------
                     PROHIBITION ON PUBLICITY OR PROPAGANDA
        Sec. 544.\74\ No part of any appropriation contained in
    this Act shall be used for publicity or propaganda purposes
    within the United States not authorized before the date of the
    enactment of this Act by the Congress: Provided, That not to
    exceed $750,000 may be made available to carry out the
    provisions of section 316 of Public Law 96-533.\75\
    ---------------------------------------------------------------------------
        \74\ First enacted, not including proviso, as sec. 102 of the
    Mutual Security Appropriations Act, 1958. The proviso, which originally
    prohibited any funds from foreign assistance appropriations being made
    available to carry out the provisions of sec. 316 of Public Law 96-533,
    was added by the Foreign Assistance Appropriations Act, 1996.
        See also sec. 109 of the Foreign Relations Authorization Act,
    Fiscal Years 1988 and 1989 (Public Law 100-204), Legislation on Foreign
    Relations Through 2000, vol. II, for related language.
        \75\ Sec. 316 of Public Law 96-533 provided the following:
    ---------------------------------------------------------------------------

                                 ``WORLD HUNGER
    ---------------------------------------------------------------------------
        ``Sec. 316. (a) In order to further the purposes of section 103 of
    the Foreign Assistance Act of 1961, the Director of the United States
    International Development Cooperation Agency shall encourage the
    ongoing work of private and voluntary organizations to deal with world
    hunger problems abroad. To this end, the Director shall help facilitate
    widespread public discussion, analysis, and review of the issues raised
    by the Report of the Presidential Commission on World Hunger of March
    1980, especially the issues raised by the Commission's call for
    increased public awareness of the political, economic, technical, and
    social factors relating to hunger and poverty.
        ``(b) As a means of carrying out subsection (a), and to ensure the
    effectiveness of private and voluntary organizations in dealing with
    world hunger abroad, the Director is urged to provide assistance to
    private and voluntary organizations engaged in facilitating public
    discussion of hunger and other related issues.''.
    ---------------------------------------------------------------------------

                PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS

        Sec. 545.\76\ (a) To the maximum extent possible,
    assistance provided under this Act should make full use of
    American resources, including commodities, products, and
    services.
    ---------------------------------------------------------------------------
        \76\ Language similar to subsec. (b) was first enacted as sec. 559
    of the Foreign Assistance Appropriations Act, 1994; reference to
    ``agricultural commodities'' was added this year. Language similar to
    subsec. (c) was added in fiscal year 1995. Subsec. (d) was added in
    sec. 545 of the Foreign Assistance Appropriations Act, 2000.
    ---------------------------------------------------------------------------
        (b) It is the sense of the Congress that, to the greatest
    extent practicable, all agriculture commodities, equipment and
    products purchased with funds made available in this Act should
    be American-made.
        (c) In providing financial assistance to, or entering into
    any contract with, any entity using funds made available in
    this Act, the head of each Federal agency, to the greatest
    extent practicable, shall provide to such entity a notice
    describing the statement made in subsection (b) by the
    Congress.
        (d) The Secretary of the Treasury shall report to Congress
    annually on the efforts of the heads of each Federal agency and
    the United States directors of international financial
    institutions (as referenced in section 514) in complying with
    this sense of the Congress.

               PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

        Sec. 546.\77\ None of the funds appropriated or made
    available pursuant to this Act for carrying out the Foreign
    Assistance Act of 1961, may be used to pay in whole or in part
    any assessments, arrearages, or dues of any member of the
    United Nations or, from funds appropriated by this Act to carry
    out chapter 1 of part I of the Foreign Assistance Act of 1961,
    the costs for participation of another country's delegation at
    international conferences held under the auspices of
    multilateral or international organizations.
    ---------------------------------------------------------------------------
        \77\ Language through ``dues of any member of the United Nations''
    first enacted as sec. 114 of the Foreign Assistance Appropriations Act,
    1964. Text following that point was added in sec. 546 of the Foreign
    Assistance Appropriations Act, 2000.
    ---------------------------------------------------------------------------

                              CONSULTING SERVICES

        Sec. 547.\78\ The expenditure of any appropriation under
    this Act for any consulting service through procurement
    contract, pursuant to section 3109 of title 5, United States
    Code, shall be limited to those contracts where such
    expenditures are a matter of public record and available for
    public inspection, except where otherwise provided under
    existing law, or under existing Executive order pursuant to
    existing law.
    ---------------------------------------------------------------------------
        \78\ First enacted as sec. 524 of the Foreign Assistance
    Appropriations Act, 1982.
    ---------------------------------------------------------------------------

                 PRIVATE VOLUNTARY ORGANIZATIONS--DOCUMENTATION

        Sec. 548.\79\ None of the funds appropriated or made
    available pursuant to this Act shall be available to a private
    voluntary organization which fails to provide upon timely
    request any document, file, or record necessary to the auditing
    requirements of the Agency for International Development.
    ---------------------------------------------------------------------------
        \79\ Similar language was first enacted as sec. 546 of the Foreign
    Assistance Appropriations Act, 1986.
    ---------------------------------------------------------------------------

      Prohibition on Assistance to Foreign Governments that Export Lethal
       Military Equipment to Countries Supporting International Terrorism

        Sec. 549.\80\ (a) None of the funds appropriated or
    otherwise made available by this Act may be available to any
    foreign government which provides lethal military equipment to
    a country the government of which the Secretary of State has
    determined is a terrorist government for purposes of section
    40(d) of the Arms Export Control Act. The prohibition under
    this section with respect to a foreign government shall
    terminate 12 months after that government ceases to provide
    such military equipment. This section applies with respect to
    lethal military equipment provided under a contract entered
    into after October 1, 1997.
    ---------------------------------------------------------------------------
        \80\ Similar language was first enacted as sec. 573 of the Foreign
    Assistance Appropriations Act, 1994. Earlier language included the
    phrase, ``or any other comparable provision of law'' after ``Arms
    Export Control Act'' in subsec. (a). See also sec. 620A of the Foreign
    Assistance Act of 1961.
    ---------------------------------------------------------------------------
        (b) Assistance restricted by subsection (a) or any other
    similar provision of law, may be furnished if the President
    determines that furnishing such assistance is important to the
    national interests of the United States.
        (c) Whenever the waiver of subsection (b) is exercised, the
    President shall submit to the appropriate congressional
    committees a report with respect to the furnishing of such
    assistance. Any such report shall include a detailed
    explanation of the assistance to be provided, including the
    estimated dollar amount of such assistance, and an explanation
    of how the assistance furthers United States national
    interests.

     withholding of assistance for parking fines owed by foreign countries

        Sec. 550.\81\ (a) In General.--Of the funds made available
    for a foreign country under part I of the Foreign Assistance
    Act of 1961, an amount equivalent to 110 percent of the total
    unpaid fully adjudicated parking fines and penalties owed to
    the District of Columbia by such country as of the date of the
    enactment of this Act shall be withheld from obligation for
    such country until the Secretary of State certifies and reports
    in writing to the appropriate congressional committees that
    such fines and penalties are fully paid to the government of
    the District of Columbia.
    ---------------------------------------------------------------------------
        \81\ First enacted as sec. 574 of the Foreign Assistance
    Appropriations Act, 1994.
    ---------------------------------------------------------------------------
        (b) Definition.--For purposes of this section, the term
    ``appropriate congressional committees'' means the Committee on
    Foreign Relations and the Committee on Appropriations of the
    Senate and the Committee on International Relations and the
    Committee on Appropriations of the House of Representatives.

        LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND GAZA

        Sec. 551.\82\ None of the funds appropriated by this Act
    may be obligated for assistance for the Palestine Liberation
    Organization for the West Bank and Gaza unless the President
    has exercised the authority under section 604(a) of the Middle
    East Peace Facilitation Act of 1995 (title VI of Public Law
    104-107) or any other legislation to suspend or make
    inapplicable section 307 of the Foreign Assistance Act of 1961
    and that suspension is still in effect: Provided, That if the
    President fails to make the certification under section
    604(b)(2) of the Middle East Peace Facilitation Act of 1995 or
    to suspend the prohibition under other legislation, funds
    appropriated by this Act may not be obligated for assistance
    for the Palestine Liberation Organization for the West Bank and
    Gaza.
    ---------------------------------------------------------------------------
        \82\ Similar language first enacted as sec. 565 of the Foreign
    Assistance Appropriations Act, 1995.
    ---------------------------------------------------------------------------

                         WAR CRIMES TRIBUNALS DRAWDOWN

        Sec. 552.\83\ If the President determines that doing so
    will contribute to a just resolution of charges regarding
    genocide or other violations of international humanitarian law,
    the President may direct a drawdown pursuant to section 552(c)
    of the Foreign Assistance Act of 1961, as amended, of up to
    $30,000,000 of commodities and services for the United Nations
    War Crimes Tribunal established with regard to the former
    Yugoslavia by the United Nations Security Council or such other
    tribunals or commissions as the Council may establish to deal
    with such violations, without regard to the ceiling limitation
    contained in paragraph (2) thereof: Provided, That the
    determination required under this section shall be in lieu of
    any determinations otherwise required under section 552(c):
    Provided further, That 60 days after the date of the enactment
    of this Act, and every 180 days thereafter until September 30,
    2001, the Secretary of State shall submit a report to the
    Committees on Appropriations describing the steps the United
    States Government is taking to collect information regarding
    allegations of genocide or other violations of international
    law in the former Yugoslavia and to furnish that information to
    the United Nations War Crimes Tribunal for the former
    Yugoslavia: Provided further, That the drawdown made under this
    section for any tribunal shall not be construed as an
    endorsement or precedent for the establishment of any standing
    or permanent international criminal tribunal or court: Provided
    further, That funds made available for tribunals other than
    Yugoslavia or Rwanda shall be made available subject to the
    regular notification procedures of the Committees on
    Appropriations.
    ---------------------------------------------------------------------------
        \83\ 22 U.S.C. 2656 note. Excluding the second proviso, similar
    language was first enacted as sec. 548(e) of the Foreign Assistance
    Appropriations Act, 1994. The second proviso was added in sec. 575 of
    the Foreign Assistance Appropriations Act, 1995; the report cutoff date
    of September 30, 2001, however, was added this year. Language similar
    to the third and fourth provisos were added in sec. 554 of the Foreign
    Assistance Appropriations Act, 1999.
    ---------------------------------------------------------------------------

                                   LANDMINES

        Sec. 553.\84\ Notwithstanding any other provision of law,
    demining equipment available to the Agency for International
    Development and the Department of State and used in support of
    the clearance of landmines and unexploded ordnance for
    humanitarian purposes may be disposed of on a grant basis in
    foreign countries, subject to such terms and conditions as the
    President may prescribe.
    ---------------------------------------------------------------------------
        \84\ Similar language was first enacted as sec. 578 of the Foreign
    Assistance Appropriations Act, 1995.
    ---------------------------------------------------------------------------

               RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

        Sec. 554.\85\ None of the funds appropriated by this Act
    may be obligated or expended to create in any part of Jerusalem
    a new office of any department or agency of the United States
    Government for the purpose of conducting official United States
    Government business with the Palestinian Authority over Gaza
    and Jericho or any successor Palestinian governing entity
    provided for in the Israel-PLO Declaration of Principles:
    Provided, That this restriction shall not apply to the
    acquisition of additional space for the existing Consulate
    General in Jerusalem: Provided further, That meetings between
    officers and employees of the United States and officials of
    the Palestinian Authority, or any successor Palestinian
    governing entity provided for in the Israel-PLO Declaration of
    Principles, for the purpose of conducting official United
    States Government business with such authority should continue
    to take place in locations other than Jerusalem. As has been
    true in the past, officers and employees of the United States
    Government may continue to meet in Jerusalem on other subjects
    with Palestinians (including those who now occupy positions in
    the Palestinian Authority), have social contacts, and have
    incidental discussions.
    ---------------------------------------------------------------------------
        \85\ Similar language was first enacted as sec. 585 of the Foreign
    Assistance Appropriations Act, 1995.
    ---------------------------------------------------------------------------

                   PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

        Sec. 555.\86\ None of the funds appropriated or otherwise
    made available by this Act under the heading ``International
    Military Education and Training'' or ``Foreign Military
    Financing Program'' for Informational Program activities or
    under the headings ``Child Survival and Disease Programs
    Fund'', ``Development Assistance'', and ``Economic Support
    Fund'' may be obligated or expended to pay for--
    ---------------------------------------------------------------------------
        \86\ Similar language was first enacted as sec. 579 of the Foreign
    Assistance Appropriations Act, 1995. Reference to Child Survival and
    Disease Programs Fund, Development Assistance, and Economic Support
    Fund was added in sec. 555 of the Foreign Assistance Appropriations
    Act, 2000. Earlier texts included a prohibition on the use of funds for
    ``food (other than food provided at a military installation) not
    provided in conjunction with Informational Program trips where students
    do not stay at a military installation''.
    ---------------------------------------------------------------------------
              (1) alcoholic beverages; or
              (2) entertainment expenses for activities that are
            substantially of a recreational character, including
            entrance fees at sporting events and amusement parks.

                      SPECIAL DEBT RELIEF FOR THE POOREST

        Sec. 556.\87\ (a) Authority To Reduce Debt.--The President
    may reduce amounts owed to the United States (or any agency of
    the United States) by an eligible country as a result of--
    ---------------------------------------------------------------------------
        \87\ Similar language, except subsec. (a)(3), which was added by
    sec. 559 of the Foreign Assistance Appropriations Act, 1999, was first
    enacted as sec. 570(a) of the Foreign Assistance Appropriations Act,
    1994. Subsec. (b) of that section also amended the Export-Import Bank
    Act of 1945 to authorize debt relief for the poorest, most heavily
    indebted nations. See Legislation on Foreign Relations Through 2000,
    vol. III.
        In a memorandum of July 8, 1996, the President delegated to the
    Secretary of the Treasury, in consultation with the Secretaries of
    State and Defense, the functions, authorities, and duties conferred on
    the President by sec. 570(a) of this Act, sec. 561(a) of Public Law
    103-306, and any similar subsequent provision of law (61 F.R. 38563).
    ---------------------------------------------------------------------------
              (1) guarantees issued under sections 221 and 222 of
            the Foreign Assistance Act of 1961;
              (2) credits extended or guarantees issued under the
            Arms Export Control Act; or
              (3) any obligation or portion of such obligation, to
            pay for purchases of United States agricultural
            commodities guaranteed by the Commodity Credit
            Corporation under export credit guarantee programs
            authorized pursuant to section 5(f ) of the Commodity
            Credit Corporation Charter Act of June 29, 1948, as
            amended, section 4(b) of the Food for Peace Act of
            1966, as amended (Public Law 89-808), or section 202 of
            the Agricultural Trade Act of 1978, as amended (Public
            Law 95-501).
        (b) Limitations.--
              (1) The authority provided by subsection (a) may be
            exercised only to implement multilateral official debt
            relief and referendum agreements, commonly referred to
            as ``Paris Club Agreed Minutes''.
              (2) The authority provided by subsection (a) may be
            exercised only in such amounts or to such extent as is
            provided in advance by appropriations Acts.
              (3) The authority provided by subsection (a) may be
            exercised only with respect to countries with heavy
            debt burdens that are eligible to borrow from the
            International Development Association, but not from the
            International Bank for Reconstruction and Development,
            commonly referred to as ``IDA-only'' countries.
        (c) Conditions.--The authority provided by subsection (a)
    may be exercised only with respect to a country whose
    government--
              (1) does not have an excessive level of military
            expenditures;
              (2) has not repeatedly provided support for acts of
            international terrorism;
              (3) is not failing to cooperate on international
            narcotics control matters;
              (4) (including its military or other security forces)
            does not engage in a consistent pattern of gross
            violations of internationally recognized human rights;
            and
              (5) is not ineligible for assistance because of the
            application of section 527 of the Foreign Relations
            Authorization Act, Fiscal Years 1994 and 1995.
        (d) Availability of Funds.--The authority provided by
    subsection (a) may be used only with regard to funds
    appropriated by this Act under the heading ``Debt
    Restructuring''.
        (e) Certain Prohibitions Inapplicable.--A reduction of debt
    pursuant to subsection (a) shall not be considered assistance
    for purposes of any provision of law limiting assistance to a
    country. The authority provided by subsection (a) may be
    exercised notwithstanding section 620(r) of the Foreign
    Assistance Act of 1961 or section 321 of the International
    Development and Food Assistance Act of 1975.

                 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

        Sec. 557.\88\ (a) Loans Eligible for Sale, Reduction, or
    Cancellation.--
    ---------------------------------------------------------------------------
        \88\ Similar language was first enacted as sec. 571 of the Foreign
    Assistance Appropriations Act, 1996.
    ---------------------------------------------------------------------------
              (1) Authority to sell, reduce, or cancel certain
            loans.--Notwithstanding any other provision of law, the
            President may, in accordance with this section, sell to
            any eligible purchaser any concessional loan or portion
            thereof made before January 1, 1995, pursuant to the
            Foreign Assistance Act of 1961, to the government of
            any eligible country as defined in section 702(6) of
            that Act or on receipt of payment from an eligible
            purchaser, reduce or cancel such loan or portion
            thereof, only for the purpose of facilitating--
                      (A) debt-for-equity swaps, debt-for-
                    development swaps, or debt-for-nature swaps; or
                      (B) a debt buyback by an eligible country of
                    its own qualified debt, only if the eligible
                    country uses an additional amount of the local
                    currency of the eligible country, equal to not
                    less than 40 percent of the price paid for such
                    debt by such eligible country, or the
                    difference between the price paid for such debt
                    and the face value of such debt, to support
                    activities that link conservation and
                    sustainable use of natural resources with local
                    community development, and child survival and
                    other child development, in a manner consistent
                    with sections 707 through 710 of the Foreign
                    Assistance Act of 1961, if the sale, reduction,
                    or cancellation would not contravene any term
                    or condition of any prior agreement relating to
                    such loan.
              (2) Terms and conditions.--Notwithstanding any other
            provision of law, the President shall, in accordance
            with this section, establish the terms and conditions
            under which loans may be sold, reduced, or canceled
            pursuant to this section.
              (3) Administration.--The Facility, as defined in
            section 702(8) of the Foreign Assistance Act of 1961,
            shall notify the administrator of the agency primarily
            responsible for administering part I of the Foreign
            Assistance Act of 1961 of purchasers that the President
            has determined to be eligible, and shall direct such
            agency to carry out the sale, reduction, or
            cancellation of a loan pursuant to this section. Such
            agency shall make an adjustment in its accounts to
            reflect the sale, reduction, or cancellation.
              (4) Limitation.--The authorities of this subsection
            shall be available only to the extent that
            appropriations for the cost of the modification, as
            defined in section 502 of the Congressional Budget Act
            of 1974, are made in advance.
        (b) Deposit of Proceeds.--The proceeds from the sale,
    reduction, or cancellation of any loan sold, reduced, or
    canceled pursuant to this section shall be deposited in the
    United States Government account or accounts established for
    the repayment of such loan.
        (c) Eligible Purchasers.--A loan may be sold pursuant to
    subsection (a)(1)(A) only to a purchaser who presents plans
    satisfactory to the President for using the loan for the
    purpose of engaging in debt-for-equity swaps, debt-for-
    development swaps, or debt-for-nature swaps.
        (d) Debtor Consultations.--Before the sale to any eligible
    purchaser, or any reduction or cancellation pursuant to this
    section, of any loan made to an eligible country, the President
    should consult with the country concerning the amount of loans
    to be sold, reduced, or canceled and their uses for debt-for-
    equity swaps, debt-for-development swaps, or debt-for-nature
    swaps.
        (e) Availability of Funds.--The authority provided by
    subsection (a) may be used only with regard to funds
    appropriated by this Act under the heading ``Debt
    Restructuring''.

                              ASSISTANCE FOR HAITI

        Sec. 558.\89\ (a) None of the funds appropriated by this or
    any previous appropriations Act for foreign operations, export
    financing and related programs shall be made available for
    assistance for the central Government of Haiti until--
    ---------------------------------------------------------------------------
        \89\ See sec. 583 of the Foreign Assistance Appropriations Act,
    1996, and subsequent annual appropriations measures for annual
    limitations on assistance for Haiti.
    ---------------------------------------------------------------------------
              (1) the Secretary of State reports to the Committees
            on Appropriations that Haiti has held free and fair
            elections to seat a new parliament; and
              (2) the Director of the Office of National Drug
            Control Policy reports to the Committees on
            Appropriations that the Government of Haiti is fully
            cooperating with United States efforts to interdict
            illicit drug traffic through Haiti to the United
            States.
        (b) Not more than 11 percent of the funds appropriated by
    this Act to carry out the provisions of sections 103 through
    106 and chapter 4 of part II of the Foreign Assistance Act of
    1961, that are made available for Latin America and the
    Caribbean region may be made available, through bilateral and
    Latin America and the Caribbean regional programs, to provide
    assistance for any country in such region.

      REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN REPORT OF SECRETARY OF
                                     STATE

        Sec. 559.\90\ (a) Foreign Aid Reporting Requirement.--In
    addition to the voting practices of a foreign country, the
    report required to be submitted to Congress under section
    406(a) of the Foreign Relations Authorization Act, fiscal years
    1990 and 1991 (22 U.S.C. 2414a),\91\ shall include a side-by-
    side comparison of individual countries' overall support for
    the United States at the United Nations and the amount of
    United States assistance provided to such country in fiscal
    year 2000.
    ---------------------------------------------------------------------------
        \90\ 22 U.S.C. 2414a note. First enacted as sec. 580 of the Foreign
    Assistance Appropriations Act, 1997.
        \91\ For text, see Legislation on Foreign Relations Through 2000,
    vol. II.
    ---------------------------------------------------------------------------
        (b) United States Assistance.--For purposes of this
    section, the term ``United States assistance'' has the meaning
    given the term in section 481(e)(4) of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2291(e)(4)).

       RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS AGENCIES

        Sec. 560.\92\ (a) Prohibition on Voluntary Contributions
    for the United Nations.--None of the funds appropriated by this
    Act may be made available to pay any voluntary contribution of
    the United States to the United Nations (including the United
    Nations Development Program) if the United Nations implements
    or imposes any taxation on any United States persons.
    ---------------------------------------------------------------------------
        \92\ Similar language was first enacted as sec. 581 of the Foreign
    Assistance Appropriations Act, 1997.
    ---------------------------------------------------------------------------
        (b) Certification Required for Disbursement of Funds.--None
    of the funds appropriated by this Act may be made available to
    pay any voluntary contribution of the United States to the
    United Nations (including the United Nations Development
    Program) unless the President certifies to the Congress 15 days
    in advance of such payment that the United Nations is not
    engaged in any effort to implement or impose any taxation on
    United States persons in order to raise revenue for the United
    Nations or any of its specialized agencies.
        (c) Definitions.--As used in this section the term ``United
    States person'' refers to--
              (1) a natural person who is a citizen or national of
            the United States; or
              (2) a corporation, partnership, or other legal entity
            organized under the United States or any State,
            territory, possession, or district of the United
            States.

                               HAITI COAST GUARD

        Sec. 561.\93\ The Government of Haiti shall be eligible to
    purchase defense articles and services under the Arms Export
    Control Act (22 U.S.C. 2751 et seq.), for the Coast Guard:
    Provided, That the authority provided by this section shall be
    subject to the regular notification procedures of the
    Committees on Appropriations.
    ---------------------------------------------------------------------------
        \93\ Similar language was first enacted as sec. 582 of the Foreign
    Assistance Appropriations Act, 1997. Prior to fiscal year 2001,
    however, the section stated eligibility for both Haiti's Coast Guard
    and the civilian-led Haitian National Police.
    ---------------------------------------------------------------------------

             LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY

        Sec. 562.\94\ (a) Prohibition of Funds.--None of the funds
    appropriated by this Act to carry out the provisions of chapter
    4 of part II of the Foreign Assistance Act of 1961 may be
    obligated or expended with respect to providing funds to the
    Palestinian Authority.
    ---------------------------------------------------------------------------
        \94\ First enacted as sec. 566 of the Foreign Assistance
    Appropriations Act, 1998.
    ---------------------------------------------------------------------------
        (b) Waiver.--The prohibition included in subsection (a)
    shall not apply if the President certifies in writing to the
    Speaker of the House of Representatives and the President pro
    tempore of the Senate that waiving such prohibition is
    important to the national security interests of the United
    States.
        (c) Period of Application of Waiver.--Any waiver pursuant
    to subsection (b) shall be effective for no more than a period
    of 6 months at a time and shall not apply beyond 12 months
    after the enactment of this Act.

                  LIMITATION ON ASSISTANCE TO SECURITY FORCES

        Sec. 563.\95\ None of the funds made available by this Act
    may be provided to any unit of the security forces of a foreign
    country if the Secretary of State has credible evidence that
    such unit has committed gross violations of human rights,
    unless the Secretary determines and reports to the Committees
    on Appropriations that the government of such country is taking
    effective measures to bring the responsible members of the
    security forces unit to justice: Provided, That nothing in this
    section shall be construed to withhold funds made available by
    this Act from any unit of the security forces of a foreign
    country not credibly alleged to be involved in gross violations
    of human rights: Provided further, That in the event that funds
    are withheld from any unit pursuant to this section, the
    Secretary of State shall promptly inform the foreign government
    of the basis for such action and shall, to the maximum extent
    practicable, assist the foreign government in taking effective
    measures to bring the responsible members of the security
    forces to justice.
    ---------------------------------------------------------------------------
        \95\ Popularly referred to as the Leahy amendment. Similar language
    was first enacted pertaining to appropriations to carry out
    international narcotics control programs in title II of the Foreign
    Assistance Appropriations Act, 1997.
    ---------------------------------------------------------------------------

    RESTRICTIONS ON ASSISTANCE TO COUNTRIES PROVIDING SANCTUARY TO INDICTED
                                 WAR CRIMINALS

        Sec. 564.\96\ (a) Bilateral Assistance.--None of the funds
    made available by this or any prior Act making appropriations
    for foreign operations, export financing and related programs,
    may be provided for any country, entity or municipality
    described in subsection (e).
    ---------------------------------------------------------------------------
        \96\ Popularly referred to as the Lautenberg amendment. For
    earliest version of this section, see sec. 573 of the Foreign
    Assistance Appropriations Act, 1998.
        In State Department Public Notice 2948 of December 11, 1998 (63
    F.R. 68496), the Secretary of State ``determine[d] that Serbia and the
    Republika Srpska Entity of Bosnia and Herzegovina have failed to take
    necessary and significant steps to apprehend and transfer to the
    International Criminal Tribunal for the former Yugoslavia (the
    `Tribunal') all persons who have been publicly indicted by the
    Tribunal.''.
    ---------------------------------------------------------------------------
        (b) Multilateral Assistance.--
              (1) Prohibition.--The Secretary of the Treasury shall
            instruct the United States executive directors of the
            international financial institutions to work in
            opposition to, and vote against, any extension by such
            institutions of any financial or technical assistance
            or grants of any kind to any country or entity
            described in subsection (e).
              (2) Notification.--Not less than 15 days before any
            vote in an international financial institution
            regarding the extension of financial or technical
            assistance or grants to any country or entity described
            in subsection (e), the Secretary of the Treasury, in
            consultation with the Secretary of State, shall provide
            to the Committee on Appropriations and the Committee on
            Foreign Relations of the Senate and the Committee on
            Appropriations and the Committee on Banking and
            Financial Services of the House of Representatives a
            written justification for the proposed assistance,
            including an explanation of the United States position
            regarding any such vote, as well as a description of
            the location of the proposed assistance by
            municipality, its purpose, and its intended
            beneficiaries.
              (3) Definition.--The term ``international financial
            institution'' includes the International Monetary Fund,
            the International Bank for Reconstruction and
            Development, the International Development Association,
            the International Finance Corporation, the Multilateral
            Investment Guaranty Agency, and the European Bank for
            Reconstruction and Development.
        (c) Exceptions.--
              (1) In general.--Subject to paragraph (2),
            subsections (a) and (b) shall not apply to the
            provision of--
                      (A) humanitarian assistance;
                      (B) democratization assistance;
                      (C) assistance for cross border physical
                    infrastructure projects involving activities in
                    both a sanctioned country, entity, or
                    municipality and a nonsanctioned contiguous
                    country, entity, or municipality, if the
                    project is primarily located in and primarily
                    benefits the nonsanctioned country, entity, or
                    municipality and if the portion of the project
                    located in the sanctioned country, entity, or
                    municipality is necessary only to complete the
                    project;
                      (D) small-scale assistance projects or
                    activities requested by United States Armed
                    Forces that promote good relations between such
                    forces and the officials and citizens of the
                    areas in the United States SFOR sector of
                    Bosnia;
                      (E) implementation of the Brcko Arbitral
                    Decision;
                      (F) lending by the international financial
                    institutions to a country or entity to support
                    common monetary and fiscal policies at the
                    national level as contemplated by the Dayton
                    Agreement;
                      (G) direct lending to a non-sanctioned
                    entity, or lending passed on by the national
                    government to a non-sanctioned entity; or
                      (H) assistance to the International Police
                    Task Force for the training of a civilian
                    police force.
                      (I) assistance to refugees and internally
                    displaced persons returning to their homes in
                    Bosnia from which they had been forced to leave
                    on the basis of their ethnicity.
               (2) Notification.--Every 60 days the Secretary of
            State, in consultation with the Administrator of the
            Agency for International Development, shall publish in
            the Federal Register and/or in a comparable publicly
            accessible document or Internet site, a listing and
            justification of any assistance that is obligated
            within that period of time for any country, entity, or
            municipality described in subsection (e), including a
            description of the purpose of the assistance, project
            and its location, by municipality.
        (d) Further Limitations.--Notwithstanding subsection (c)--
              (1) no assistance may be made available by this Act,
            or any prior Act making appropriations for foreign
            operations, export financing and related programs, in
            any country, entity, or municipality described in
            subsection (e), for a program, project, or activity in
            which a publicly indicted war criminal is known to have
            any financial or material interest; and
              (2) no assistance (other than emergency foods or
            medical assistance or demining assistance) may be made
            available by this Act, or any prior Act making
            appropriations for foreign operations, export financing
            and related programs for any program, project, or
            activity in any sanctioned country, entity, or
            municipality described in subsection (e) in which a
            person publicly indicted by the Tribunal is in
            residence or is engaged in extended activity and
            competent local authorities have failed to notify the
            Tribunal or failed to take necessary and significant
            steps to apprehend and transfer such persons to the
            Tribunal or in which competent local authorities have
            obstructed the work of the Tribunal.
        (e) \97\ Sanctioned Country, Entity, or Municipality.--A
    sanctioned country, entity, or municipality described in this
    section is one whose competent authorities have failed, as
    determined by the Secretary of State, to take necessary and
    significant steps to apprehend and transfer to the Tribunal all
    persons who have been publicly indicted by the Tribunal.
    ---------------------------------------------------------------------------
        \97\ 22 U.S.C. 2656 note.
    ---------------------------------------------------------------------------
        (f) Special Rule.--Subject to subsection (d), subsections
    (a) and (b) shall not apply to the provision of assistance to
    an entity that is not a sanctioned entity, notwithstanding that
    such entity may be within a sanctioned country, if the
    Secretary of State determines and so reports to the appropriate
    congressional committees that providing assistance to that
    entity would promote peace and internationally recognized human
    rights by encouraging that entity to cooperate fully with the
    Tribunal.
        (g) \97\ Current Record of War Criminals and Sanctioned
    Countries, Entities, and Municipalities.--
              (1) In general.--The Secretary of State shall
            establish and maintain a current record of the
            location, including the municipality, if known, of
            publicly indicted war criminals and a current record of
            sanctioned countries, entities, and municipalities.
              (2) Information of the dci and the secretary of
            defense.--The Director of Central Intelligence and the
            Secretary of Defense should collect and provide to the
            Secretary of State information concerning the location,
            including the municipality, of publicly indicted war
            criminals.
              (3) Information of the tribunal.--The Secretary of
            State shall request that the Tribunal and other
            international organizations and governments provide the
            Secretary of State information concerning the location,
            including the municipality, of publicly indicted war
            criminals and concerning country, entity and
            municipality authorities known to have obstructed the
            work of the Tribunal.
              (4) Report.--Beginning 30 days after the date of the
            enactment of this Act, and not later than September 1
            each year thereafter, the Secretary of State shall
            submit a report in classified and unclassified form to
            the appropriate congressional committees on the
            location, including the municipality, if known, of
            publicly indicted war criminals, on country, entity and
            municipality authorities known to have obstructed the
            work of the Tribunal, and on sanctioned countries,
            entities, and municipalities.
              (5) Information to congress.--Upon the request of the
            chairman or ranking minority member of any of the
            appropriate congressional committees, the Secretary of
            State shall make available to that committee the
            information recorded under paragraph (1) in a report
            submitted to the committee in classified and
            unclassified form.
        (h) Waiver.--
              (1) In general.--The Secretary of State may waive the
            application of subsection (a) or subsection (b) with
            respect to specified bilateral programs or
            international financial institution projects or
            programs in a sanctioned country, entity, or
            municipality upon providing a written determination to
            the Committee on Appropriations and the Committee on
            Foreign Relations of the Senate and the Committee on
            Appropriations and the Committee on International
            Relations of the House of Representatives that such
            assistance directly supports the implementation of the
            Dayton Agreement and its Annexes, which include the
            obligation to apprehend and transfer indicted war
            criminals to the Tribunal.
              (2) Report.--Not later than 15 days after the date of
            any written determination under paragraph (1) the
            Secretary of State shall submit a report to the
            Committees on Appropriations and Foreign Relations and
            the Select Committee on Intelligence of the Senate and
            the Committees on Appropriations and International
            Relations and the Permanent Select Committee on
            Intelligence of the House of Representatives regarding
            the status of efforts to secure the voluntary surrender
            or apprehension and transfer of persons indicted by the
            Tribunal, in accordance with the Dayton Agreement, and
            outlining obstacles to achieving this goal.
              (3) Assistance programs and projects affected.--Any
            waiver made pursuant to this subsection shall be
            effective only with respect to a specified bilateral
            program or multilateral assistance project or program
            identified in the determination of the Secretary of
            State to Congress.
        (i) Termination of Sanctions.--The sanctions imposed
    pursuant to subsections (a) and (b) with respect to a country
    or entity shall cease to apply only if the Secretary of State
    determines and certifies to Congress that the authorities of
    that country, entity, or municipality have apprehended and
    transferred to the Tribunal all persons who have been publicly
    indicted by the Tribunal.
        (j) \97\ Definitions.--As used in this section--
              (1) Country.--The term ``country'' means Bosnia-
            Herzegovina, Croatia, and Serbia.
              (2) Entity.--The term ``entity'' refers to the
            Federation of Bosnia and Herzegovina, Kosova,
            Montenegro, and the Republika Srpska.
              (3) Dayton agreement.--The term ``Dayton Agreement''
            means the General Framework Agreement for Peace in
            Bosnia and Herzegovina, together with annexes relating
            thereto, done at Dayton, November 10 through 16, 1995.
              (4) Tribunal.--The term ``Tribunal'' means the
            International Criminal Tribunal for the Former
            Yugoslavia.
        (k) \97\ Role of Human Rights Organizations and Government
    Agencies.--In carrying out this section, the Secretary of
    State, the Administrator of the Agency for International
    Development, and the executive directors of the international
    financial institutions shall consult with representatives of
    human rights organizations and all government agencies with
    relevant information to help prevent publicly indicted war
    criminals from benefiting from any financial or technical
    assistance or grants provided to any country or entity
    described in subsection (e).

        Discrimination against minority religious faiths in the Russian
                                   Federation

        Sec. 565.\98\ None of the funds appropriated under this Act
    may be made available for the Government of the Russian
    Federation, after 180 days from the date of the enactment of
    this Act, unless the President determines and certifies in
    writing to the Committees on Appropriations and the Committee
    on Foreign Relations of the Senate that the Government of the
    Russian Federation has implemented no statute, executive order,
    regulation or similar government action that would
    discriminate, or would have as its principal effect
    discrimination, against religious groups or religious
    communities in the Russian Federation in violation of accepted
    international agreements on human rights and religious freedoms
    to which the Russian Federation is a party.
    ---------------------------------------------------------------------------
        \98\ Similar language was first enacted as sec. 577 of the Foreign
    Assistance Appropriations Act, 1998.
    ---------------------------------------------------------------------------

                            Greenhouse Gas Emissions

        Sec. 566.\99\ (a) Funds made available in this Act to
    support programs or activities the primary purpose of which is
    promoting or assisting country participation in the Kyoto
    Protocol to the Framework Convention on Climate Change (FCCC)
    shall only be made available subject to the regular
    notification procedures of the Committees on Appropriations.
    ---------------------------------------------------------------------------
        \99\ Similar language was first enacted as sec. 573 of the Foreign
    Assistance Appropriations Act, 1999. A report similar to that required
    by subsec. (b) was first required by sec. 580 of the Foreign Assistance
    Appropriations Act, 1998.
    ---------------------------------------------------------------------------
        (b) The President shall provide a detailed account of all
    Federal agency obligations and expenditures for climate change
    programs and activities, domestic and international obligations
    for such activities in fiscal year 2001, and any plan for
    programs thereafter related to the implementation or the
    furtherance of protocols pursuant to, or related to
    negotiations to amend the FCCC in conjunction with the
    President's submission of the Budget of the United States
    Government for Fiscal Year 2002: Provided, That such report
    shall include an accounting of expenditures by agency with each
    agency identifying climate change activities and associated
    costs by line item as presented in the President's Budget
    Appendix: Provided further, That such report shall identify
    with regard to the Agency for International Development,
    obligations and expenditures by country or central program and
    activity.

           AID TO THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF CONGO

        Sec. 567.\100\ None of the funds appropriated or otherwise
    made available by this Act may be provided to the Central
    Government of the Democratic Republic of Congo.
    ---------------------------------------------------------------------------
        \100\ Restrictions on assistance to the Democratic Republic of
    Congo, with Presidential waiver authority, were first enacted as sec.
    585 of the Foreign Assistance Appropriations Act, 1998.
    ---------------------------------------------------------------------------

                         ASSISTANCE FOR THE MIDDLE EAST

        Sec. 568.\101\ Of the funds appropriated in titles II and
    III of this Act under the headings ``Economic Support Fund'',
    ``Foreign Military Financing Program'', ``International
    Military Education and Training'', ``Peacekeeping Operations'',
    for refugees resettling in Israel under the heading ``Migration
    and Refugee Assistance'', and for assistance for Israel to
    carry out provisions of chapter 8 of part II of the Foreign
    Assistance Act of 1961 under the heading ``Nonproliferation,
    Anti-Terrorism, Demining and Related Programs'', not more than
    a total of $5,241,150,000 may be made available for Israel,
    Egypt, Jordan, Lebanon, the West Bank and Gaza, the Israel-
    Lebanon Monitoring Group, the Multinational Force and
    Observers, the Middle East Regional Democracy Fund, Middle East
    Regional Cooperation, and Middle East Multilateral Working
    Groups: Provided, That any funds that were appropriated under
    such headings in prior fiscal years and that were at the time
    of the enactment of this Act obligated or allocated for other
    recipients may not during fiscal year 2001 be made available
    for activities that, if funded under this Act, would be
    required to count against this ceiling: Provided further, That
    funds may be made available notwithstanding the requirements of
    this section if the President determines and certifies to the
    Committees on Appropriations that it is important to the
    national security interest of the United States to do so and
    any such additional funds shall only be provided through the
    regular notification procedures of the Committees on
    Appropriations.
    ---------------------------------------------------------------------------
        \101\ Similar language was first enacted as sec. 586 of the Foreign
    Assistance appropriations Act, 1998.
    ---------------------------------------------------------------------------

                          ENTERPRISE FUND RESTRICTIONS

        Sec. 569.\102\ Prior to the distribution of any assets
    resulting from any liquidation, dissolution, or winding up of
    an Enterprise Fund, in whole or in part, the President shall
    submit to the Committees on Appropriations, in accordance with
    the regular notification procedures of the Committees on
    Appropriations, a plan for the distribution of the assets of
    the Enterprise Fund.
    ---------------------------------------------------------------------------
        \102\ First enacted as sec. 577 of the Foreign Assistance
    Appropriations Act, 1999.
    ---------------------------------------------------------------------------

                                    CAMBODIA

        Sec. 570.\103\ (a) The Secretary of the Treasury should
    instruct the United States executive directors of the
    international financial institutions to use the voice and vote
    of the United States to oppose loans to the Central Government
    of Cambodia, except loans to support basic human needs.
    ---------------------------------------------------------------------------
        \103\ First enacted as sec. 573 of the Foreign Assistance
    Appropriations Act, 1998. Subsec. (b), however, was not included in the
    Foreign Assistance Appropriations Act, 1999.
    ---------------------------------------------------------------------------
        (b) None of the funds appropriated by this Act may be made
    available for assistance for the Central Government of
    Cambodia.

                        FOREIGN MILITARY TRAINING REPORT

        Sec. 571.\104\ (a) The Secretary of Defense and the
    Secretary of State shall jointly provide to the Congress by
    March 1, 2001, a report on all military training provided to
    foreign military personnel (excluding sales, and excluding
    training provided to the military personnel of countries
    belonging to the North Atlantic Treaty Organization) under
    programs administered by the Department of Defense and the
    Department of State during fiscal years 2000 and 2001,
    including those proposed for fiscal year 2001. This report
    shall include, for each such military training activity, the
    foreign policy justification and purpose for the training
    activity, the cost of the training activity, the number of
    foreign students trained and their units of operation, and the
    location of the training. In addition, this report shall also
    include, with respect to United States personnel, the
    operational benefits to United States forces derived from each
    such training activity and the United States military units
    involved in each such training activity. This report may
    include a classified annex if deemed necessary and appropriate.
    ---------------------------------------------------------------------------
        \104\ Similar language was first enacted as sec. 581 of the Foreign
    Assistance Appropriations Act, 1999.
    ---------------------------------------------------------------------------
        (b) For purposes of this section a report to Congress shall
    be deemed to mean a report to the Appropriations and Foreign
    Relations Committees of the Senate and the Appropriations and
    International Relations Committees of the House of
    Representatives.

                KOREAN PENINSULA ENERGY DEVELOPMENT ORGANIZATION

        Sec. 572.\105\ (a) Of the funds made available under the
    heading ``Nonproliferation, Anti-terrorism, Demining and
    Related Programs'', not to exceed $55,000,000 may be made
    available for the Korean Peninsula Energy Development
    Organization (hereafter referred to in this section as
    ``KEDO''), notwithstanding any other provision of law, only for
    the administrative expenses and heavy fuel oil costs associated
    with the Agreed Framework.
    ---------------------------------------------------------------------------
        \105\ Similar language was first enacted as sec. 582 of the Foreign
    Assistance Appropriations Act, 1999.
    ---------------------------------------------------------------------------
        (b) Such funds may be made available for KEDO only if, 30
    days prior to such obligation of funds, the President certifies
    and so reports to Congress that--
              (1) the parties to the Agreed Framework have taken
            and continue to take demonstrable steps to implement
            the Joint Declaration on Denuclearization of the Korean
            Peninsula in which the Government of North Korea has
            committed not to test, manufacture, produce, receive,
            possess, store, deploy, or use nuclear weapons, and not
            to possess nuclear reprocessing or uranium enrichment
            facilities;
              (2) the parties to the Agreed Framework have taken
            and continue to take demonstrable steps to pursue the
            North-South dialogue;
              (3) North Korea is complying with all provisions of
            the Agreed Framework;
              (4) North Korea has not significantly diverted
            assistance provided by the United States for purposes
            for which it was not intended;
              (5) there is no credible evidence that North Korea is
            seeking to develop or acquire the capability to enrich
            uranium, or any additional capability to reprocess
            spent nuclear fuel;
              (6) North Korea is complying with its commitments
            regarding access to suspect underground construction at
            Kumchang-ni;
              (7) there is no credible evidence that North Korea is
            engaged in a nuclear weapons program, including efforts
            to acquire, develop, test, produce, or deploy such
            weapons; and
              (8) the United States is continuing to make
            significant progress on eliminating the North Korean
            ballistic missile threat, including further missile
            tests and its ballistic missile exports.
        (c) The President may waive the certification requirements
    of subsection (b) if the President determines that it is vital
    to the national security interests of the United States and
    provides written policy justifications to the appropriate
    congressional committees. No funds may be obligated for KEDO
    until 30 days after submission to Congress of such waiver.
        (d) The Secretary of State shall, at the time of the annual
    presentation for appropriations, submit a report providing a
    full and detailed accounting of the fiscal year 2002 request
    for the United States contribution to KEDO, the expected
    operating budget of KEDO, proposed annual costs associated with
    heavy fuel oil purchases, including unpaid debt, and the amount
    of funds pledged by other donor nations and organizations to
    support KEDO activities on a per country basis, and other
    related activities.

                         African Development Foundation

        Sec. 573.\106\ Funds made available to grantees of the
    African Development Foundation may be invested pending
    expenditure for project purposes when authorized by the
    President of the Foundation: Provided, That interest earned
    shall be used only for the purposes for which the grant was
    made: Provided further, That this authority applies to interest
    earned both prior to and following enactment of this provision:
    Provided further, That notwithstanding section 505(a)(2) of the
    African Development Foundation Act, in exceptional
    circumstances the board of directors of the Foundation may
    waive the $250,000 limitation contained in that section with
    respect to a project: Provided further, That the Foundation
    shall provide a report to the Committees on Appropriations in
    advance of exercising such waiver authority.
    ---------------------------------------------------------------------------
        \106\ First enacted as sec. 577 of the Foreign Assistance
    Appropriations Act, 2000.
    ---------------------------------------------------------------------------

     PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION

        Sec. 574.\107\ None of the funds appropriated or otherwise
    made available by this Act may be used to provide equipment,
    technical support, consulting services, or any other form of
    assistance to the Palestinian Broadcasting Corporation.
    ---------------------------------------------------------------------------
        \107\ First enacted as sec. 584 of the Foreign Assistance
    Appropriations Act, 1999.
    ---------------------------------------------------------------------------

                                      IRAQ

        Sec. 575.\108\ Notwithstanding any other provision of law,
    of the funds appropriated under the heading ``Economic Support
    Fund'', not less than $25,000,000 shall be made available for
    programs benefiting the Iraqi people, of which not less than
    $12,000,000 should be made available for food, medicine, and
    other humanitarian assistance (including related
    administrative, communications, logistical, and transportation
    costs) to be provided to the Iraqi people inside Iraq:
    Provided, That such assistance should be provided through the
    Iraqi National Congress Support Foundation or the Iraqi
    National Congress: Provided further, That not less than
    $6,000,000 of the amounts made available for programs
    benefiting the Iraqi people should be made available to the
    Iraqi National Congress Support Foundation or the Iraqi
    National Congress for the production and broadcasting inside
    Iraq of radio and satellite television programming: Provided
    further, That funds may be made available to support efforts to
    bring about political transition in Iraq which may be made
    available only to Iraqi opposition groups designated under the
    Iraq Liberation Act (Public Law 105-338) for political,
    economic, humanitarian, and other activities of such groups,
    and not to exceed $2,000,000 may be made available for groups
    and activities seeking the prosecution of Saddam Hussein and
    other Iraqi government officials for war crimes: Provided
    further, That none of these funds may be made available for
    administrative expenses of the Department of State: Provided
    further, That the President shall, not later than 60 days after
    the date of enactment of this Act, submit to the Committees on
    Appropriations of the Senate and the House of Representatives a
    plan (in classified or unclassified form) for the transfer to
    the Iraqi National Congress Support Foundation or the Iraqi
    National Congress of humanitarian assistance for the Iraqi
    people pursuant to this paragraph, and for the commencement of
    broadcasting operations pursuant to this paragraph.
    ---------------------------------------------------------------------------
        \108\ Similar language was first enacted as sec. 590 of the Foreign
    Assistance Appropriations Act, 1999. Text of the Iraq Liberation Act
    (Public Law 105-338), may be found in Legislation on Foreign Relations
    Through 2000, vol. I-B.
    ---------------------------------------------------------------------------

           AGENCY FOR INTERNATIONAL DEVELOPMENT BUDGET JUSTIFICATION

        Sec. 576.\109\ The Agency for International Development
    shall submit to the Committees on Appropriations a detailed
    budget justification that is consistent with the requirements
    of section 515, for each fiscal year. The Agency shall submit
    to the Committees on Appropriations a proposed budget
    justification format no later than November 15, 2000, or 30
    days after the enactment of this Act, whichever occurs later.
    The proposed format shall include how the Agency's budget
    justification will address: (1) estimated levels of obligations
    for the current fiscal year and actual levels for the 2
    previous fiscal years; (2) the President's request for new
    budget authority and estimated carryover obligational authority
    for the budget year; (3) the disaggregation of budget data and
    staff levels by program and activity for each bureau, field
    mission, and central office; and (4) the need for a user-
    friendly, transparent budget narrative.
    ---------------------------------------------------------------------------
        \109\ 22 U.S.C. 2381 note. Similar language first enacted as sec.
    581 of the Foreign Assistance Appropriations Act, 2000.
    ---------------------------------------------------------------------------

                                 KYOTO PROTOCOL

        Sec. 577.\110\ None of the funds appropriated by this Act
    shall be used to propose or issue rules, regulations, decrees,
    or orders for the purpose of implementation, or in preparation
    for implementation, of the Kyoto Protocol, which was adopted on
    December 11, 1997, in Kyoto, Japan, at the Third Conference of
    the Parties to the United States Framework Convention on
    Climate Change, which has not been submitted to the Senate for
    advice and consent to ratification pursuant to article II,
    section 2, clause 2, of the United States Constitution, and
    which has not entered into force pursuant to article 25 of the
    Protocol.
    ---------------------------------------------------------------------------
        \110\ First enacted as sec. 583 of the Foreign Assistance
    Appropriations Act, 2000.
    ---------------------------------------------------------------------------

                           WEST BANK AND GAZA PROGRAM

        Sec. 578.\111\ For fiscal year 2001, 30 days prior to the
    initial obligation of funds for the bilateral West Bank and
    Gaza Program, the Secretary of State shall certify to the
    appropriate committees of Congress that procedures have been
    established to assure the Comptroller General of the United
    States will have access to appropriate United States financial
    information in order to review the uses of United States
    assistance for the Program funded under the heading ``Economic
    Support Fund'' for the West Bank and Gaza.
    ---------------------------------------------------------------------------
        \111\ First enacted as sec. 587 of the Foreign Assistance
    Appropriations Act, 2000.
    ---------------------------------------------------------------------------

                                   INDONESIA

        Sec. 579.\112\ (a) Funds appropriated by this Act under the
    headings ``International Military Education and Training'' and
    ``Foreign Military Financing Program'' may be made available
    for Indonesia if the President determines and submits a report
    to the appropriate congressional committees that the Government
    of Indonesia and the Indonesian Armed Forces are--
    ---------------------------------------------------------------------------
        \112\ Similar language first enacted as sec. 589 of the Foreign
    Assistance Appropriations Act, 2000.
    ---------------------------------------------------------------------------
              (1) taking effective measures to bring to justice
            members of the armed forces and militia groups against
            whom there is credible evidence of human rights
            violations;
              (2) taking effective measures to bring to justice
            members of the armed forces against whom there is
            credible evidence of aiding or abetting militia groups;
              (3) allowing displaced persons and refugees to return
            home to East Timor, including providing safe passage
            for refugees returning from West Timor;
              (4) not impeding the activities of the United Nations
            Transitional Authority in East Timor;
              (5) demonstrating a commitment to preventing
            incursions into East Timor by members of militia groups
            in West Timor; and
              (6) demonstrating a commitment to accountability by
            cooperating with investigations and prosecutions of
            members of the Indonesian Armed Forces and militia
            groups responsible for human rights violations in
            Indonesia and East Timor.

                             MAN AND THE BIOSPHERE

        Sec. 580.\113\ None of the funds appropriated or otherwise
    made available by this Act may be provided for the United
    Nations Man and the Biosphere Program or the United Nations
    World Heritage Fund.
    ---------------------------------------------------------------------------
        \113\ Similar language was first enacted as sec. 590 of the Foreign
    Assistance Appropriations Act, 2000.
    ---------------------------------------------------------------------------

                          TAIWAN REPORTING REQUIREMENT

        Sec. 581.\114\ Not less than 30 days prior to the next
    round of arms talks between the United States and Taiwan, the
    President shall consult, on a classified basis, with
    appropriate Congressional leaders and committee chairmen and
    ranking members regarding the following matters:
    ---------------------------------------------------------------------------
        \114\ Similar language was first enacted as sec. 593 of the Foreign
    Assistance Appropriations Act, 2000.
    ---------------------------------------------------------------------------
              (1) Taiwan's requests for purchase of defense
            articles and defense services during the pending round
            of arms talks;
              (2) the Administration's assessment of the legitimate
            defense needs of Taiwan, in light of Taiwan's requests;
            and
              (3) the decision-making process used by the Executive
            branch to consider those requests.

      Restriction on United States Assistance for Certain Reconstruction
                           Efforts in Central Europe

        Sec. 582. Funds appropriated or otherwise made available by
    this Act for United States assistance for Eastern Europe and
    the Baltic States should to the maximum extent practicable be
    used for the procurement of articles and services of United
    States origin.

      restrictions on assistance to governments destabilizing sierra leone

        Sec. 583. (a) None of the funds appropriated by this Act
    may be made available for assistance for the government of any
    country that the Secretary of State determines there is
    credible evidence that such government has provided lethal or
    non-lethal military support or equipment, directly or through
    intermediaries, within the previous 6 months to the Sierra
    Leone Revolutionary United Front (RUF), or any other group
    intent on destabilizing the democratically elected government
    of the Republic of Sierra Leone.
        (b) None of the funds appropriated by this Act may be made
    available for assistance for the government of any country that
    the Secretary of State determines there is credible evidence
    that such government has aided or abetted, within the previous
    6 months, in the illicit distribution, transportation, or sale
    of diamonds mined in Sierra Leone.
        (c) Whenever the prohibition on assistance required under
    subsection (a) or (b) is exercised, the Secretary of State
    shall notify the Committees on Appropriations in a timely
    manner.

                        VOLUNTARY SEPARATION INCENTIVES

        Sec. 584. Section 579(c)(2)(D) of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act,
    2000, as enacted by section 1000(a)(2) of the Consolidated
    Appropriations Act, 2000 (Public Law 106-113), is amended by
    striking ``December 31, 2000'' and inserting in lieu thereof
    ``December 31, 2001''.\115\
    ---------------------------------------------------------------------------
        \115\ For text, see page 839.
    ---------------------------------------------------------------------------

                CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND

        Sec. 585. (a) Limitations on Amount of Contribution.--Of
    the amounts made available under ``International Organizations
    and Programs'', not more than $25,000,000 for fiscal year 2001
    shall be available for the United Nations Population Fund
    (hereafter in this subsection referred to as the ``UNFPA'').
        (b) Prohibition on Use of Funds in China.--None of the
    funds made available under ``International Organizations and
    Programs'' may be made available for the UNFPA for a country
    program in the People's Republic of China.
        (c) Conditions on Availability of Funds.--Amounts made
    available under ``International Organizations and Programs''
    for fiscal year 2001 for the UNFPA may not be made available to
    UNFPA unless--
              (1) the UNFPA maintains amounts made available to the
            UNFPA under this section in an account separate from
            other accounts of the UNFPA;
              (2) the UNFPA does not commingle amounts made
            available to the UNFPA under this section with other
            sums; and
              (3) the UNFPA does not fund abortions.
        (d) Report to the Congress and Withholding of Funds.--
              (1) Not later than February 15, 2001, the Secretary
            of State shall submit a report to the appropriate
            congressional committees indicating the amount of funds
            that the United Nations Population Fund is budgeting
            for the year in which the report is submitted for a
            country program in the People's Republic of China.
              (2) If a report under subparagraph (A) indicates that
            the United Nations Population Fund plans to spend funds
            for a country program in the People's Republic of China
            in the year covered by the report, then the amount of
            such funds that the UNFPA plans to spend in the
            People's Republic of China shall be deducted from the
            funds made available to the UNFPA after March 1 for
            obligation for the remainder of the fiscal year in
            which the report is submitted.

                              INDOCHINESE PAROLEES

        Sec. 586.\116\ (a) The status of certain aliens from
    Vietnam, Cambodia, and Laos described in subsection (b) of this
    section may be adjusted by the Attorney General, under such
    regulations as she may prescribe, to that of an alien lawfully
    admitted permanent residence if--
    ---------------------------------------------------------------------------
        \116\ 8 U.S.C. 1255 note.
    ---------------------------------------------------------------------------
              (1) within three years after the date of promulgation
            by the Attorney General of regulations in connection
            with this title the alien makes an application for such
            adjustment and pays the appropriate fee;
              (2) the alien is otherwise eligible to receive an
            immigrant visa and is otherwise admissible to the
            United States for permanent residence except as
            described in subsection (c); and
              (3) the alien had been physically present in the
            United States prior to October 1, 1997.
        (b) The benefits provided by subsection (a) shall apply to
    any alien who is a native or citizen of Vietnam, Laos, or
    Cambodia and who was inspected and paroled into the United
    States before October 1, 1997 and was physically present in the
    United States on October 1, 1997; and
              (1) was paroled into the United States from Vietnam
            under the auspices of the Orderly Departure Program; or
              (2) was paroled into the United States from a refugee
            camp in East Asia; or
              (3) was paroled into the United States from a
            displaced person camp administered by the United
            Nations High Commissioner for Refugees in Thailand.
        (c) Waiver of Certain Grounds for Inadmissibility.--The
    provisions of paragraph (4), (5), and (7)(A) and (9) of section
    212(a) of the Immigration and Nationality Act shall not be
    applicable to any alien seeking admission to the United States
    under this subsection, and nothwithstanding \117\ any other
    provision of law, the Attorney General may waive 212(a)(1);
    212(a)(6)(B), (C), and (F); 212(8)(A); 212(a)(10)(B) and (D)
    with respect to such an alien in order to prevent extreme
    hardship to the alien or the alien's spouse, parent, son or
    daughter, who is a citizen of the United States or an alien
    lawfully admitted for permanent residence. Any such waiver by
    the Attorney General shall be in writing and shall be granted
    only on an individual basis following an investigation.
    ---------------------------------------------------------------------------
        \117\ As enrolled. Should read ``notwithstanding''.
    ---------------------------------------------------------------------------
        (d) Ceiling.--The number of aliens who may be provided
    adjustment of status under this provision shall not exceed
    5,000.
        (e) Date of Approval.--Upon the approval of such an
    application for adjustment of status, the Attorney General
    shall create a record of the alien's admission as a lawful
    permanent resident as of the date of the alien's inspection and
    parole described in subsection (b)(1), (b)(2) and (b)(3).
        (f) No Offset in Number of Visas Available.--When an alien
    is granted the status of having been lawfully admitted for
    permanent residence under this section the Secretary of State
    shall not be required to reduce the number of immigrant visas
    authorized to be issued under the Immigration and Nationality
    Act.

                      AMERICAN CHURCHWOMEN IN EL SALVADOR

        Sec. 587. (a) Information relevant to the December 2, 1980,
    murders of four American churchwomen in El Salvador shall be
    made public to the fullest extent possible.
        (b) The Secretary of State and the Department of State are
    to be commended for fully releasing information regarding the
    murders.
        (c) The President shall order all Federal agencies and
    departments that possess relevant information to make every
    effort to declassify and release to the victims' families
    relevant information as expeditiously as possible.
        (d) In making determinations concerning the
    declassification and release of relevant information, the
    Federal agencies and departments shall presume in favor of
    releasing, rather than of withholding, such information.

                  PROCUREMENT AND FINANCIAL MANAGEMENT REFORM

        Sec. 588. (a) Funding Conditions.--Of the funds made
    available under the heading ``International Financial
    Institutions'' in this Act, 10 percent of the United States
    portion or payment to such International Financial Institution
    shall be withheld by the Secretary of the Treasury, until the
    Secretary certifies to the Committees on Appropriations that,
    to the extent pertinent to its lending programs, the
    institution is--
              (1) Implementing procedures for conducting annual
            audits by qualified independent auditors for all new
            investment lending;
              (2) Implementing procedures for annual independent
            external audits of central bank financial statements
            for countries making use of International Monetary Fund
            resources under new arrangements or agreements with the
            Fund;
              (3) Taking steps to establish an independent fraud
            and corruption investigative organization or office;
              (4) Implementing a process to assess a recipient
            country's procurement and financial management
            capabilities including an analysis of the risks of
            corruption prior to initiating new investment lending;
            and
              (5) Taking steps to fund and implement programs and
            policies to improve transparency and anti-corruption
            programs and procurement and financial management
            controls in recipient countries.
        (b) Report.--The Secretary of the Treasury shall report on
    March 1, 2001 to the Committees on Appropriations on progress
    made by each International Financial Institution, and, to the
    extent pertinent to its lending programs, the International
    Monetary Fund, to fulfill the objectives identified in
    subsection (a) and on progress of the International Monetary
    Fund to implement procedures for annual independent external
    audits of central bank financial statements for countries
    making use of Fund resources under all new arrangements with
    the Fund.
        (c) Definitions.--The term ``International Financial
    Institutions'' means the International Bank for Reconstruction
    and Development, the International Development Association, the
    International Finance Corporation, the Inter-American
    Development Bank, the Inter-American Investment Corporation,
    the Enterprise for the Americas Multilateral Investment Fund,
    the Asian Development Bank, the Asian Development Fund, the
    African Development Bank, the African Development Fund, the
    European Bank for Reconstruction and Development, and the
    International Monetary Fund.

                     COMMERCIAL LEASING OF DEFENSE ARTICLES

        Sec. 589.\118\ Notwithstanding any other provision of law,
    and subject to the regular notification procedures of the
    Committees on Appropriations, the authority of section 23(a) of
    the Arms Export Control Act may be used to provide financing to
    Israel, Egypt and NATO and major non-NATO allies for the
    procurement by leasing (including leasing with an option to
    purchase) of defense articles from United States commercial
    suppliers, not including Major Defense Equipment (other than
    helicopters and other types of aircraft having possible
    civilian application), if the President determines that there
    are compelling foreign policy or national security reasons for
    those defense articles being provided by commercial lease
    rather than by government-to-government sale under such Act.
    ---------------------------------------------------------------------------
        \118\ Previously codified at 22 U.S.C. 2763 note. Similar language
    first enacted as sec. 580 of the Foreign Assistance Appropriations Act,
    1989.
    ---------------------------------------------------------------------------

                      FOREIGN MILITARY EXPENDITURES REPORT

        Sec. 590. Section 511(b) of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1993
    (Public Law 102-391) is amended by repealing paragraph (2)
    relating to military expenditures.\119\
    ---------------------------------------------------------------------------
        \119\ Sec. 511(b) of the Foreign Assistance Appropriations Act,
    1993 (22 U.S.C. 2151 note) provides the following. The repealed
    language is bracketed.
    ---------------------------------------------------------------------------

                                 ``HUMAN RIGHTS
    ---------------------------------------------------------------------------
        ``Sec. 511. (a) * * *
        ``(b) Human Rights Report.--The Secretary of State shall also
    transmit the report required by section 116(d) of the Foreign
    Assistance Act of 1961 to the Committees on Appropriations each year by
    the date specified in that section: Provided, That each such report
    submitted pursuant to such section shall (1) include a review of each
    country's commitment to children's rights and welfare as called for by
    the Declaration of the World Summit for Children; [(2) a description of
    the military expenditures of each country receiving United States
    foreign assistance, and the efforts each country is making to reduce
    those expenditures;] and (3) describe the extent to which indigenous
    people are able to participate in decisions affecting their lands,
    cultures, traditions and the allocation of natural resources, and
    assess the extent of protection of their civil and political rights.
    ---------------------------------------------------------------------------
                   ABOLITION OF THE INTER-AMERICAN FOUNDATION
        Sec. 591. Section 586 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2000, as
    enacted by section 1000(a)(2) of Public Law 106-113, is
    amended-- \120\
    ---------------------------------------------------------------------------
        \120\ For amended text, see page 842.
    ---------------------------------------------------------------------------
              (1) in subsection (b), by striking ``year 2000'' and
            inserting in lieu thereof ``years 2000 and 2001''; and
              (2) in subsection (c)(2), by striking ``6290f'' and
            inserting in lieu thereof ``290f''.
    repeal of requirement for annual gao report on the financial operations
                       of the international monetary fund
        Sec. 592. Section 1706 of the International Financial
    Institutions Act (22 U.S.C. 262r-5) is repealed.\121\
    ---------------------------------------------------------------------------
        \121\ Sec. 1706(b) of the International Financial Institutions Act,
    as amended (Public Law 95-118; 22 U.S.C. 262r-5(b)), required the
    Comptroller General of the United States to report annually to Congress
    on the financial operations of the IMF, including its (1) current
    financial condition; (2) details of any loans initiated, or any
    outstanding loans, in the preceding calendar year; (3) trade policy of
    borrower countries; (4) export policies of borrower countries; (5)
    conditions on IMF loans that have not been met by borrower countries;
    (6) loan renegotiations in the preceding calendar year; and (7) a
    quantitative aggregate analysis of IMF loans. For full text, see
    International Financial Institutions Act, related notes, in Legislation
    on Foreign Relations Through 2000, vol. III.
    ---------------------------------------------------------------------------
                          EXTENSION OF GAO AUTHORITIES
        Sec. 593. The funds made available to the Comptroller
    General pursuant to Title I, Chapter 4 of Public Law 106-31
    shall remain available until expended.\122\
    ---------------------------------------------------------------------------
        \122\ Title I, chapter 4 of the 1999 Emergency Supplemental
    Appropriations Act (Public Law 106-31) provided $621,000,000 in ESF
    appropriations, to remain available until September 30, 2000, for the
    Central America and the Caribbean Emergency Disaster Recovery Fund,
    including up to $500,000 to be made available to the Comptroller
    General of GAO for purposes of monitoring the provision of such
    assistance. For full text, see page 853.
    ---------------------------------------------------------------------------
                               FUNDING FOR SERBIA
        Sec. 594. (a) Of funds made available in this Act, up to
    $100,000,000 may be made available for assistance for Serbia:
    Provided, That none of these funds may be made available for
    assistance for Serbia after March 31, 2001 unless the President
    has made the determination and certification contained in
    subsection (c).
        (b) After March 31, 2001, the Secretary of the Treasury
    should instruct the United States executive directors to
    international financial institutions to support loans and
    assistance to the Government of the Federal Republic of
    Yugoslavia subject to the conditions in subsection (c):
    Provided, That section 576 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1997, as
    amended, shall not apply to the provision of loans and
    assistance to the Federal Republic of Yugoslavia through
    international financial institutions.
        (c) The determination and certification referred to in
    subsection (a) is a determination by the President and a
    certification to the Committees on Appropriations of the House
    of Representatives and the Senate that the Government of the
    Federal Republic of Yugoslavia is--
              (1) cooperating with the International Criminal
            Tribunal for Yugoslavia including access for
            investigators, the provision of documents, and the
            surrender and transfer of indictees or assistance in
            their apprehension;
              (2) taking steps that are consistent with the Dayton
            Accords to end Serbian financial, political, security
            and other support which has served to maintain separate
            Republika Srpska institutions; and
              (3) taking steps to implement policies which reflect
            a respect for minority rights and the rule of law.
        (d) Subsections (b), (c), and (d) shall not apply to
    Montenegro, Kosova, humanitarian assistance or assistance to
    promote democracy in municipalities.
        (e) The Secretary of State should instruct the United
    States representatives to regional and international
    organizations to support membership for the Government of the
    Federal Republic of Yugoslavia (FRY) subject to a certification
    by the President to the Committees on Appropriations of the
    House of Representatives and the Senate that the FRY has
    applied for membership on the same basis as the other successor
    states to the FRY and has taken appropriate steps to resolve
    issues related to state liabilities, assets and property.
                              FORESTRY INITIATIVE
        Sec. 595.\123\ (a) The provisions of S. 3140 of the 106th
    Congress, as introduced on September 28, 2000 are hereby
    enacted into law.
    ---------------------------------------------------------------------------
        \123\ The short title of S. 3140 is the ``Kentucky National Forest
    Land Transfer Act of 2000''.
    ---------------------------------------------------------------------------
        (b) \124\ In publishing the Act in slip form and in the
    United States Statutes at Large pursuant to section 112, of
    title 1, United States Code, the Archivist of the United States
    shall include after the date of approval at the end appendixes
    setting forth the texts of the bill referred to in subsection
    (a) of this section.
    ---------------------------------------------------------------------------
        \124\ 1 U.S.C. 112 note.
    ---------------------------------------------------------------------------
                                   USER FEES
        Sec. 596. The Secretary of the Treasury shall instruct the
    United States Executive Director at each international
    financial institution (as defined in section 1701(c)(2) of the
    International Financial Institutions Act) and the International
    Monetary Fund to oppose any loan of these institutions that
    would require user fees or service charges on poor people for
    primary education or primary healthcare, including prevention
    and treatment efforts for HIV/AIDS, malaria, tuberculosis, and
    infant, child, and maternal well-being, in connection with the
    institutions' lending programs.
                    BASIC EDUCATION ASSISTANCE FOR PAKISTAN
        Sec. 597. Funds appropriated by this Act to carry out the
    provisions of chapter 1 of part I and chapter 4 of part II of
    the Foreign Assistance Act of 1961 may be made available for
    assistance for basic education programs for Pakistan,
    notwithstanding any provision of law that restricts assistance
    to foreign countries: Provided, That such assistance is subject
    to the regular notification procedures of the Committees on
    Appropriations.
                     authorization for population planning
        Sec. 598. Not to exceed $425,000,000 of the funds
    appropriated in title II of this Act may be available for
    population planning activities or other population assistance:
    Provided, That notwithstanding section 614 of the Foreign
    Assistance Act of 1961, or any other provision of law, none of
    such funds may be obligated or expended until February 15,
    2001.

                TITLE VI--EMERGENCY SUPPLEMENTAL APPROPRIATIONS

                         BILATERAL ECONOMIC ASSISTANCE

                      Funds Appropriated to the President
                      AGENCY FOR INTERNATIONAL DEVELOPMENT
                       INTERNATIONAL DISASTER ASSISTANCE
        For an additional amount for ``International Disaster
    Assistance'', $135,000,000, for rehabilitation and
    reconstruction assistance for Mozambique, Madagascar, and
    southern Africa, to remain available until expended: Provided,
    That none of the funds appropriated under this heading may be
    made available for nonproject assistance: Provided further,
    That prior to any obligation of funds appropriated under this
    heading, the Administrator of the Agency for International
    Development shall provide the Committees on Appropriations with
    a detailed report containing the amount of the proposed
    obligation and a description of the programs and projects, on a
    country-by-country basis, to be funded with such amount:
    Provided further, That up to $12,000,000 of the funds
    appropriated under this heading may be charged to finance
    obligations for which appropriations available under chapter 1
    and 10 of part I of the Foreign Assistance Act of 1961 were
    initially charged for assistance for rehabilitation and
    reconstruction for Mozambique, Madagascar, and southern Africa:
    Provided further, That of the funds appropriated under this
    heading, up to $5,000,000 may be used for administrative
    expenses, including auditing costs, of the Agency for
    International Development associated with the assistance
    furnished under this heading: Provided further, That the entire
    amount is designated by the Congress as an emergency
    requirement pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended:
    Provided further, That the entire amount provided shall be
    available only to the extent an official budget request that
    includes designation of the entire amount of the request as an
    emergency requirement as defined in the Balanced Budget and
    Emergency Deficit Control Act of 1985, as amended, is
    transmitted by the President to the Congress.
         OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT
        For an additional amount for ``Operating Expenses of the
    Agency for International Development'', $13,000,000, to remain
    available until September 30, 2001: Provided, That the entire
    amount is designated by the Congress as an emergency
    requirement pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended:
    Provided further, That the amount provided shall be available
    only to the extent that an official budget request that
    includes designation of the entire amount as an emergency
    requirement pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended,
    is transmitted by the President to the Congress.

                      Other Bilateral Economic Assistance
              ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
        For an additional amount for ``Assistance for Eastern
    Europe and the Baltic States'', $75,825,000, to remain
    available until September 30, 2002: Provided, That this amount
    shall only be available for assistance for Montenegro, Croatia,
    and Serbia: Provided further, That the entire amount is
    designated by the Congress as an emergency requirement pursuant
    to section 251(b)(2)(A) of the Balanced Budget and Emergency
    Deficit Control Act of 1985, as amended: Provided further, That
    the amount provided shall be available only to the extent that
    an official budget request that includes designation of the
    entire amount as an emergency requirement pursuant to section
    251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended, is transmitted by the
    President to the Congress.

                              MILITARY ASSISTANCE

                      FUNDS APPROPRIATED TO THE PRESIDENT
                 INTERNATIONAL MILITARY EDUCATION AND TRAINING
        For an additional amount for ``International Military
    Education and Training'', $2,875,000, to remain available until
    September 30, 2002, for grants to countries of the Balkans and
    southeast Europe: Provided, That funds appropriated in this
    paragraph shall be made available notwithstanding section 10 of
    Public Law 91-672 and section 15 of the State Department Basic
    Authorities Act of 1956: Provided further, That the entire
    amount is designated by the Congress as an emergency
    requirement pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended:
    Provided further, That the amount provided shall be available
    only to the extent that an official budget request that
    includes designation of the entire amount as an emergency
    requirement pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended,
    is transmitted by the President to the Congress.
                       FOREIGN MILITARY FINANCING PROGRAM
        For an additional amount for ``Foreign Military Financing
    Program'', to enable the President to carry out section 23 of
    the Arms Export Control Act, $31,000,000, to remain available
    until September 30, 2002, for grants to countries of the
    Balkans and southeast Europe: Provided, That funds appropriated
    in this paragraph shall be made available notwithstanding
    section 10 of Public Law 91-672 and section 15 of the State
    Department Basic Authorities Act of 1956: Provided further,
    That funds made available under this heading shall be
    nonrepayable, notwithstanding sections 23(b) and 23(c) of the
    Act: Provided further, That the entire amount is designated by
    the Congress as an emergency requirement pursuant to section
    251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended: Provided further, That the
    amount provided shall be available only to the extent that an
    official budget request that includes designation of the entire
    amount as an emergency requirement pursuant to section
    251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended, is transmitted by the
    President to the Congress.

                           DEPARTMENT OF THE TREASURY
                               DEBT RESTRUCTURING
        For an additional amount for ``Debt restructuring''
    $210,000,000 for a contribution to the ``Heavily Indebted Poor
    Countries Trust Fund'' of the International Bank for
    Reconstruction and Development (HIPC Trust Fund): Provided,
    That the entire amount is designated by the Congress as an
    emergency requirement pursuant to section 251(b)(2)(A) of the
    Balanced Budget and Emergency Deficit Control Act of 1985, as
    amended: Provided further, That the entire amount provided
    shall be available only to the extent an official budget
    request that includes designation of the entire amount as an
    emergency requirement as defined in the Balanced Budget and
    Emergency Deficit Control Act of 1985, as amended, is
    transmitted by the President to the Congress.

                         GENERAL PROVISIONS--THIS TITLE
        Sec. 601. Limitation on Supplemental Funds for Population
    Planning.--Amounts appropriated under this title or under any
    other provision of law for fiscal year 2001 that are in
    addition to the funds made available under title II of this Act
    shall be deemed to have been appropriated under title II of
    such Act and shall be subject to all limitations and
    restrictions contained in section 599 of this Act,
    notwithstanding section 543 of this Act.

                           TITLE VII--DEBT REDUCTION

                           DEPARTMENT OF THE TREASURY

                           Bureau of the Public Debt

          GIFTS TO THE UNITED STATES FOR REDUCTION OF THE PUBLIC DEBT
        For deposit of an additional amount for fiscal year 2001
    into the account established under section 3113(d) of title 31,
    United States Code, to reduce the public debt, $5,000,000,000.

                               General Provision
                 ADJUSTMENT OF 2001 DISCRETIONARY SPENDING CAPS
        Sec. 701. (a) Section 251(c)(5) of the Balanced Budget and
    Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)(5)) is
    amended by striking subparagraph (A) and inserting the
    following:
              ``(A) for the discretionary category:
            $637,000,000,000 in new budget authority and
            $612,695,000,000 in outlays;''.
        (b)(1) Except as provided in paragraph (2), in preparing
    the report in calendar year 2000 as required by section 254(f)
    of the Balanced Budget and Emergency Deficit Control Act of
    1985 (2 U.S.C. 904(f)) with respect to fiscal year 2001, the
    Office of Management and Budget shall not make the calculations
    required by section 251(b)(2) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.
        (2) Paragraph (1) shall not apply to the calculations
    permitted by subparagraph (B), (C), (F), and (G) of section
    251(b)(2) of the Balanced Budget and Emergency Deficit Control
    Act of 1985.
        (c) \125\ Under the terms of section 251(b)(2) of the
    Balanced Budget and Emergency Deficit Control Act of 1985
    adjustments for rounding shall be provided for the first amount
    referred to in section 251(c)(5)(A) of such Act, as amended by
    this section, equal to 0.5 percent of such amount.
    ---------------------------------------------------------------------------
        \125\ 2 U.S.C. 901 note.
    ---------------------------------------------------------------------------

    TITLE VIII--INTERNATIONAL DEBT FORGIVENESS AND INTERNATIONAL FINANCIAL
                              INSTITUTIONS REFORM

    SEC. 801. DEBT RELIEF UNDER THE HEAVILY INDEBTED POOR COUNTRIES (HIPC)
                        INITIATIVE.
        (a) Repeal of Limitation on Availability of Earnings on
    Profits  of  Nonpublic  Gold  Sales.--Paragraph  (1)  of
    section 62 of the Bretton Woods Agreements Act, as added by
    section 503(a)  of  H.R.  3425  of  the  106th  Congress  (as
    enacted  by section 1000(a)(5) of Public Law 106-113 (113 Stat.
    1536)), is amended-- \126\
    ---------------------------------------------------------------------------
        \126\ For amended text, see Legislation on Foreign Relations
    Through 2000, vol. III.
    ---------------------------------------------------------------------------
              (1) by adding ``and'' at the end of subparagraph (B);
            and
              (2) by striking subparagraph (D).
        (b) Contributions to HIPC Trust Fund.--
              (1) Authorization of appropriations for
            contributions.--There is authorized to be appropriated
            for the period beginning October 1, 2000, and ending
            September 30, 2003, $435,000,000 for purposes of United
            States contributions to the Heavily Indebted Poor
            Countries (HIPC) Trust Fund administered by the Bank.
              (2) Availability of amounts.--Amounts appropriated
            pursuant to the authorization of appropriations in
            paragraph (1) shall remain available until expended.
        (c) Certification Required.--
              (1) In general.--Except as provided in paragraph (2),
            not later than 30 days after the date of enactment of
            this Act, the Secretary shall certify to the
            appropriate congressional committees that the following
            requirements are satisfied:
                      (A) Implementation by the bank of certain
                    policies.--The Bank is implementing--
                              (i) policies providing for the
                            suspension of a loan if funds are being
                            diverted for purposes other than the
                            purpose for which the loan was
                            intended;
                              (ii) policies seeking to prevent
                            loans from displacing private sector
                            financing;
                              (iii) policies requiring that loans
                            other than project loans must be
                            disbursed--
                                      (I) on the basis of specific
                                    prior reforms; or
                                      (II) incrementally upon
                                    implementation of specific
                                    reforms after initial
                                    disbursement;
                              (iv) policies seeking to minimize the
                            number of projects receiving financing
                            that would displace a population
                            involuntarily or be to the detriment of
                            the people or culture of the area into
                            which the displaced population is to be
                            moved;
                              (v) policies vigorously promoting
                            open markets and liberalization of
                            trade in goods and services;
                              (vi) policies providing that
                            financing by the Bank concentrates
                            chiefly on projects and programs that
                            promote economic and social progress
                            rather than short-term liquidity
                            financing; and
                              (vii) policies providing for the
                            establishment of appropriate
                            qualitative and quantitative indicators
                            to measure progress toward graduation
                            from receiving financing on
                            concessionary terms, including an
                            estimated timetable by which countries
                            may graduate over the next 15 years.
                      (B) Implementation by the fund of certain
                    policies.--The Fund is implementing--
                              (i) policies providing for the
                            suspension of a financing if funds are
                            being diverted for purposes other than
                            the purpose for which the financing was
                            intended;
                              (ii) policies seeking to ensure that
                            financing by the Fund normally serves
                            as a catalyst for private sector
                            financing and does not displace such
                            financing;
                              (iii) policies requiring that
                            financing must be disbursed--
                                      (I) on the basis of specific
                                    prior reforms; or
                                      (II) incrementally upon
                                    implementation of specific
                                    reforms after initial
                                    disbursement;
                              (iv) policies vigorously promoting
                            open markets and liberalization of
                            trade in goods and services;
                              (v) policies providing that financing
                            by the Fund concentrates chiefly on
                            short-term balance of payments
                            financing; and
                              (vi) policies providing for the use,
                            in conjunction with the Bank, of
                            appropriate qualitative and
                            quantitative indicators to measure
                            progress toward graduation from
                            receiving financing on concessionary
                            terms, including an estimated timetable
                            by which countries may graduate over
                            the next 15 years.
              (2) Exception.--In the event that the Secretary
            cannot certify that a policy described in paragraph
            (1)(A) or (1)(B) is being implemented, the Secretary
            shall, not later than 30 days after the date of
            enactment of this Act, submit a report to the
            appropriate congressional committees on the progress,
            if any, made by the Bank or the Fund in adopting and
            implementing such policy, as the case may be.

    SEC. 802. STRENGTHENING PROCEDURES FOR MONITORING USE OF FUNDS BY
                        MULTILATERAL DEVELOPMENT BANKS.
        (a) In General.--The Secretary shall instruct the United
    States Executive Director of each multilateral development bank
    to exert the influence of the United States to strengthen the
    bank's procedures and management controls intended to ensure
    that funds disbursed by the bank to borrowing countries are
    used as intended and in a manner that complies with the
    conditions of the bank's loan to that country.
        (b) Progress Evaluation.--Not later than 180 days after the
    date of enactment of this Act, the Secretary shall submit to
    the appropriate congressional committees a report evaluating
    the progress made toward achieving the objectives of subsection
    (a), including a description of--
              (1) any progress made in improving the supervision,
            monitoring, and auditing of programs and projects
            supported by each multilateral development bank, in
            order to identify and reduce bribery and corruption;
              (2) any progress made in developing each multilateral
            development bank's priorities for allocating
            anticorruption assistance;
              (3) country-specific anticorruption programs
            supported by each multilateral development bank;
              (4) actions taken to identify and discipline
            multilateral development bank employees suspected of
            knowingly being involved in corrupt activities; and
              (5) the outcome of efforts to harmonize procurement
            practices across all multilateral development banks.

    SEC. 803.\127\ REPORTS ON POLICIES, OPERATIONS, AND MANAGEMENT OF
                        INTERNATIONAL FINANCIAL INSTITUTIONS.
        (a) Annual Report on Financial Operations.--Beginning 180
    days after the date of enactment of this Act, or October 31,
    2000, whichever is later, and on October 31 of each year
    thereafter, the Comptroller General of the United States shall
    submit to the appropriate congressional committees a report on
    the sufficiency of audits of the financial operations of each
    multilateral development bank conducted by persons or entities
    outside such bank.
    ---------------------------------------------------------------------------
        \127\ 22 U.S.C. 262r-6.
    ---------------------------------------------------------------------------
        (b) Annual Report on United States Supported Policies.--
    Beginning 180 days after the date of enactment of this Act, or
    October 31, 2000, whichever is later, and on October 31 of each
    year thereafter, the Secretary shall submit a report to the
    appropriate congressional committees on--
              (1) the actions taken by recipient countries, as a
            result of the assistance allocated to them by the
            multilateral development banks under programs referred
            to in section 802(b), to strengthen governance and
            reduce the opportunity for bribery and corruption; and
              (2) how International Development Association-
            financed projects contribute to the eventual graduation
            of a representative sample of countries from reliance
            on financing on concessionary terms and international
            development assistance.
        (c) Amendment of Report on Fund.--Section 1705(a) of the
    International Financial Institutions Act (22 U.S.C. 262r-4(a))
    is amended-- \128\
    ---------------------------------------------------------------------------
        \128\ For amended text, see Legislation on Foreign Relations
    Through 2000, vol. III.
    ---------------------------------------------------------------------------
              (1) by inserting ``(1)'' before ``the progress''; and
              (2) by inserting before the period at the end the
            following: ``, and (2) the progress made by the
            International Monetary Fund in adopting and
            implementing the policies described in section
            801(c)(1)(B) of the Foreign Operations, Export
            Financing, and Related Programs Appropriations Act,
            2001''.
        (d) Report on Debt Relief.--Not later than 90 days after
    the date of enactment of this Act, the Secretary shall submit a
    report to the appropriate congressional committees on the
    history of debt relief programs led by, or coordinated with,
    international financial institutions, including but not limited
    to--
              (1) the extent to which poor countries and the
            poorest-of-the-poor benefit from debt relief, including
            measurable evidence of any such benefits; and
              (2) the extent to which debt relief contributes to
            the graduation of a country from reliance on financing
            on concessionary terms and international development
            assistance.

    SEC. 804. REPEAL OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL
                        INSTITUTIONS.
        Section 209(d) of the Foreign Assistance Act of 1961 (22
    U.S.C. 2169(d); relating to bilateral funding for international
    financial institutions) is repealed.

    Sec. 805. REFOCUSED ACTIVITIES OF THE IMF.
        The Bretton Woods Agreement Act is amended by adding the
    following new section:

    ``SEC. 63.\129\ PRINCIPLES FOR INTERNATIONAL MONETARY FUND LENDING.
        ``It is the policy of the United States to work to
    implement reforms in the International Monetary Fund (IMF) to
    achieve the following goals:
    ---------------------------------------------------------------------------
        \129\ 22 U.S.C. 286oo. Incorporated into the Bretton Woods
    Agreement Act; see Legislation on Foreign Relations Through 2000, vol.
    III.
    ---------------------------------------------------------------------------
        ``(a) Short-Term Balance of Payments Financing.--Lending
    from the general resources of the Fund should concentrate
    chiefly on short-term balance of payments financing.
        ``(b) Limitations on Medium-Term Financing.--Use of medium-
    term lending from the general resources of the Fund should be
    limited to a set of well-defined circumstances, such as--
              ``(1) when a member's balance of payments problems
            will be protracted,
              ``(2) such member has a strong structural reform
            program in place, and
              ``(3) the member has little or no access to private
            sources of capital.
        ``(c) Premium Pricing.--Premium pricing should be
    introduced for lending from the general resources of the Fund,
    for greater than 200 per centum of a member's quota in the
    Fund, to discourage excessive use of Fund lending and to
    encourage members to rely on private financing to the maximum
    extent possible.
        ``(d) Redressing Misreporting of Information.--The Fund
    should have in place and apply systematically a strong
    framework of safeguards and measures to respond to, correct,
    and discourage cases of misreporting of information in the
    context of a Fund program, including--
              ``(1) Suspending Fund disbursements and ensuring that
            Fund lending is not resumed to members that engage in
            serious misreporting of material information until such
            time as remedial actions and sanctions, as appropriate,
            have been applied;
              ``(2) Ensuring that members make early repayments,
            where appropriate, of Fund resources disbursed on the
            basis of misreported information;
              ``(3) Making public cases of serious misreporting of
            material information;
              ``(4) Requiring all members receiving new
            disbursements from the Fund to undertake annually
            independent audits of central bank financial statements
            and publish the resulting audits; and
              ``(5) Requiring all members seeking new loans from
            the Fund to provide to the Fund detailed information
            regarding their internal control procedures, financial
            reporting and audit mechanisms and, in cases where
            there are questions about the adequacy of these
            systems, undertaking an on-site review and identifying
            needed remedies.''.

    SEC. 806.\130\ DEFINITIONS.
        In this title:
    ---------------------------------------------------------------------------
        \130\ 22 U.S.C. 262r-6 note.
    ---------------------------------------------------------------------------
              (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means the
            Committee on Foreign Relations and the Committee on
            Appropriations of the Senate, and the Committee on
            Banking and Financial Services and the Committee on
            Appropriations of the House of Representatives.
              (2) Bank.--The term ``Bank'' means the International
            Bank for Reconstruction and Development.
              (3) Fund.--The term ``Fund'' means the International
            Monetary Fund.
              (4) International financial institutions.--The term
            ``international financial institutions'' means the
            multilateral development banks and the International
            Monetary Fund.
              (5) Multilateral development banks.--The term
            ``multilateral development banks'' means 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
            Inter-American Investment Corporation, the African
            Development Bank, the African Development Fund, the
            European Bank for Reconstruction and Development, and
            the Multilateral Investment Guaranty Agency.
              (6) Secretary.--The term ``Secretary'' means the
            Secretary of the Treasury.
        This Act may be cited as the ``Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2001''.
               b. Continuing Appropriations for Fiscal Year 2001

     Public Law 106-275 [H.J. Res. 109], 114 Stat. 808, approved September
    29, 2000; amended by Public Law 106-282 [H.J. Res. 110], 114 Stat. 866,
    approved October 6, 2000; Public Law 106-306 [H.J. Res. 111], 114 Stat.
     1073, approved October 13, 2000; Public Law 106-344 [H.J. Res. 114],
      114 Stat. 1318, approved October 20, 2000; Public Law 106-358 [H.J.
     Res. 115], 114 Stat. 1397, approved October 26, 2000; Public Law 106-
    359 [H.J. Res. 116], 114 Stat. 1398, approved October 26, 2000; Public
    Law 106-381 [H.J. Res. 117], 114 Stat. 1450, approved October 27, 2000;
     Public Law 106-388 [H.J. Res. 118], 114 Stat. 1550, approved October
    28, 2000; Public Law 106-389 [H.J. Res. 119], 114 Stat. 1551, approved
     October 29, 2000; Public Law 106-401 [H.J. Res. 120], 114 Stat. 1676,
      approved October 30, 2000; Public Law 106-403 [H.J. Res. 121], 114
     Stat. 1741, approved November 1, 2000; Public Law 106-416 [H.J. Res.
      122], 114 Stat. 1811, approved November 1, 2000; Public Law 106-426
    [H.J. Res. 123], 114 Stat. 1897, approved November 3, 2000; Public Law
      106-427 [H.J. Res. 124], 114 Stat. 1898, approved November 4, 2000;
    Public Law 106-428 [H.J. Res. 84], 114 Stat. 1899, approved November 4,
      2000; Public Law 106-520 [H.J. Res. 125], 114 Stat. 2436, approved
    November 15, 2000; Public Law 106-537 [H.J. Res. 126], 114 Stat. 2562,
      approved December 5, 2000; Public Law 106-539 [H.J. Res. 127], 114
     Stat. 2570, approved December 7, 2000; Public Law 106-540 [H.J. Res.
      128], 114 Stat. 2571, approved December 8, 2000; Public Law 106-542
    [H.J. Res. 129], 114 Stat. 2713, approved December 11, 2000; and Public
    Law 106-543 [H.J. Res. 133], 114 Stat. 2714, approved December 15, 2000

    A JOINT RESOLUTION Making continuing appropriations for the fiscal year
                         2001, and for other purposes.

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That the
    following sums are hereby appropriated, out of any money in the
    Treasury not otherwise appropriated, and out of applicable
    corporate or other revenues, receipts, and funds, for the
    several departments, agencies, corporations, and other
    organizational units of Government for the fiscal year 2001,
    and for other purposes, namely:
        Sec. 101. (a) Such amounts as may be necessary under the
    authority and conditions provided in the applicable
    appropriations Act for the fiscal year 2000 for continuing
    projects or activities including the costs of direct loans and
    loan guarantees (not otherwise specifically provided for in
    this joint resolution) which were conducted in the fiscal year
    2000 and for which appropriations, funds, or other authority
    would be available in the following appropriations Acts:
              (1) the Agriculture, Rural Development, Food and Drug
            Administration, and Related Agencies Appropriations
            Act, 2001;
              (2) the Departments of Commerce, Justice, and State,
            the Judiciary, and Related Agencies Appropriations Act,
            2001, notwithstanding section 15 of the State
            Department Basic Authorities Act of 1956 and, section
            313 of the Foreign Relations Authorization Act, Fiscal
            Years 1994 and 1995 (Public Law 103-236);
              (3) the District of Columbia Appropriations Act,
            2001;
              (4) the Energy and Water Development Appropriations
            Act, 2001;
              (5) the Foreign Operations, Export Financing, and
            Related Programs Appropriations Act, 2001,
            notwithstanding section 10 of Public Law 91-672 and
            section 15 of the State Department Basic Authorities
            Act of 1956;
              (6) the Department of the Interior and Related
            Agencies Appropriations Act, 2001;
              (7) the Departments of Labor, Health and Human
            Services, and Education, and Related Agencies
            Appropriations Act, 2001;
              (8) the Legislative Branch Appropriations Act, 2001;
              (9) the Department of Transportation and Related
            Agencies Appropriations Act, 2001;
              (10) the Treasury and General Government
            Appropriations Act, 2001; and
              (11) the Departments of Veterans Affairs and Housing
            and Urban Development, and Independent Agencies
            Appropriations Act, 2001:
    Provided, That whenever the amount which would be made
    available or the authority which would be granted in these Acts
    as passed by the House and Senate as of October 1, 2000, is
    different than that which would be available or granted under
    current operations, the pertinent project or activity shall be
    continued at a rate for operations not exceeding the current
    rate: Provided further, That whenever there is no amount made
    available under any of these appropriations Acts as passed by
    the House and Senate as of October 1, 2000, for a continuing
    project or activity which was conducted in fiscal year 2000 and
    for which there is fiscal year 2001 funding included in the
    budget request, the pertinent project or activity shall be
    continued at the rate for current operations under the
    authority and conditions provided in the applicable
    appropriations Act for the fiscal year 2000.
        (b) Whenever the amount which would be made available or
    the authority which would be granted under an Act listed in
    this section as passed by the House as of October 1, 2000, is
    different from that which would be available or granted under
    such Act as passed by the Senate as of October 1, 2000, the
    pertinent project or activity shall be continued at a rate for
    operations not exceeding the current rate under the
    appropriation, fund, or authority granted by the applicable
    appropriations Act for the fiscal year 2001 and under the
    authority and conditions provided in the applicable
    appropriations Act for the fiscal year 2000.
        (c) Whenever an Act listed in this section has been passed
    by only the House or only the Senate as of October 1, 2000, the
    pertinent project or activity shall be continued under the
    appropriation, fund, or authority granted by the one House at a
    rate for operations not exceeding the current rate and under
    the authority and conditions provided in the applicable
    appropriations Act for the fiscal year 2000: Provided, That
    whenever there is no amount made available under any of these
    appropriations Acts as passed by the House or the Senate as of
    October 1, 2000, for a continuing project or activity which was
    conducted in fiscal year 2000 and for which there is fiscal
    year 2001 funding included in the budget request, the pertinent
    project or activity shall be continued at the rate for current
    operations under the authority and conditions provided in the
    applicable appropriations Act for the fiscal year 2000.
        Sec. 102. Appropriations made by section 101 shall be
    available to the extent and in the manner which would be
    provided by the pertinent appropriations Act.
        Sec. 103. No appropriation or funds made available or
    authority granted pursuant to section 101 shall be used to
    initiate or resume any project or activity for which
    appropriations, funds, or other authority were not available
    during the fiscal year 2000.
        Sec. 104. No provision which is included in an
    appropriations Act enumerated in section 101 but which was not
    included in the applicable appropriations Act for fiscal year
    2000 and which by its terms is applicable to more than one
    appropriation, fund, or authority shall be applicable to any
    appropriation, fund, or authority provided in this joint
    resolution.
        Sec. 105. Appropriations made and authority granted
    pursuant to this joint resolution shall cover all obligations
    or expenditures incurred for any program, project, or activity
    during the period for which funds or authority for such project
    or activity are available under this joint resolution.
        Sec. 106. Unless otherwise provided for in this joint
    resolution or in the applicable appropriations Act,
    appropriations and funds made available and authority granted
    pursuant to this joint resolution shall be available until (a)
    enactment into law of an appropriation for any project or
    activity provided for in this joint resolution, or (b) the
    enactment into law of the applicable appropriations Act by both
    Houses without any provision for such project or activity, or
    (c) October 6, 2000,\1\ whichever first occurs.
    ---------------------------------------------------------------------------
        \1\ Public Law 106-282 (114 Stat. 866) struck out ``October 6,
    2000'' and inserted in lieu thereof ``October 14, 2000''. This was
    subsequently extended to October 20, 2000 by Public Law 106-306 (114
    Stat. 1073); to October 25, 2000 by Public Law 106-344 (114 Stat.
    1318), which further provided that ``Notwithstanding section 106 of
    Public Law 106-275, funds shall be available and obligations for
    mandatory payments due on or about November 1, 2000, may continue to be
    made; to October 26, 2000 by Public Law 106-358 (114 Stat. 1397); to
    October 27, 2000 by Public Law 106-359 (114 Stat. 1398); to October 28,
    2000 by Public Law 106-381 (114 Stat. 1450); to October 29, 2000 by
    Public Law 106-388 (114 Stat. 1550); to October 30, 2000 by Public Law
    106-389 (114 Stat. 1551); to October 31, 2000 by Public Law 106-401
    (114 Stat. 1676); to November 1, 2000 by Public Law 106-403 (114 Stat.
    1741); to November 2, 2000 by Public Law 106-416 (114 Stat. 1811); to
    November 3, 2000 by Public Law 106-426 (114 Stat. 1897); to November 4,
    2000 by Public Law 106-427 (114 Stat. 1898); to November 14, 2000 by
    Public Law 106-428 (114 Stat. 1899); to December 5, 2000 by Public Law
    106-520 (114 Stat. 2436); to December 7, 2000 by Public Law 106-537
    (114 Stat. 2562); to December 8, 2000 by Public Law 106-539 (114 Stat.
    2570); to December 11, 2000 by Public Law 106-540 (114 Stat. 2571); to
    December 15, 2000 by Public Law 106-542 (114 Stat. 2713); and to
    December 21, 2000 by Public Law 106-543 (114 Stat. 2714).
    ---------------------------------------------------------------------------
        Sec. 107. Expenditures made pursuant to this joint
    resolution shall be charged to the applicable appropriation,
    fund, or authorization whenever a bill in which such applicable
    appropriation, fund, or authorization is contained is enacted
    into law.
        Sec. 108. No provision in the appropriations Act for the
    fiscal year 2001 referred to in section 101 of this Act that
    makes the availability of any appropriation provided therein
    dependent upon the enactment of additional authorizing or other
    legislation shall be effective before the date set forth in
    section 106(c) of this joint resolution.
        Sec. 109. Appropriations and funds made available by or
    authority granted pursuant to this joint resolution may be used
    without regard to the time limitations for submission and
    approval of apportionments set forth in section 1513 of title
    31, United States Code, but nothing herein shall be construed
    to waive any other provision of law governing the apportionment
    of funds.
        Sec. 110. This joint resolution shall be implemented so
    that only the most limited funding action of that permitted in
    the joint resolution shall be taken in order to provide for
    continuation of projects and activities.
        Sec. 111. Notwithstanding any other provision of this joint
    resolution, except section 106, for those programs that had
    high initial rates of operation or complete distribution of
    fiscal year 2000 appropriations at the beginning of that fiscal
    year because of distributions of funding to States, foreign
    countries, grantees or others, similar distributions of funds
    for fiscal year 2001 shall not be made and no grants shall be
    awarded for such programs funded by this resolution that would
    impinge on final funding prerogatives.
        Sec. 112. Amounts provided by section 101 of this joint
    resolution, for projects and activities in the Departments of
    Commerce, Justice, and State, the Judiciary, and Related
    Agencies Appropriations Act, 2001, affected by the termination
    of the Violent Crime Reduction Trust Fund, shall be distributed
    into the accounts established in the Departments of Commerce,
    Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 2001, as passed by the House.
        Sec. 113. Notwithstanding any other provision of this joint
    resolution, except section 106, the rate for operations for
    projects and activities that would be funded under the heading
    ``International Organizations and Conferences, Contributions to
    International Organizations'' in the Departments of Commerce,
    Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 2001, shall be the amount provided by the
    provisions of section 101 multiplied by the ratio of the number
    of days covered by this resolution to 365, and in addition,
    from within the amount provided by section 101, $217,000,000:
    Provided, That of these funds, $100,000,000 may be made
    available only pursuant to a certification by the Secretary of
    State that the United Nations has taken no action in calendar
    year 2000 prior to the date of enactment of this Act to
    increase funding for any United Nations program without
    identifying an offsetting decrease elsewhere in the United
    Nations budget and cause the United Nations to exceed the
    budget for the biennium 2000-2001 of $2,535,700,000.\2\
    ---------------------------------------------------------------------------
        \2\ Public Law 106-543 (114 Stat. 2714) added ``, and in addition,
    from within the amount provided by section 101, $217,000,000: Provided,
    That of these funds, $100,000,000 may be made available only pursuant
    to a certification by the Secretary of State that the United Nations
    has taken no action in calendar year 2000 prior to the date of
    enactment of this Act to increase funding for any United Nations
    program without identifying an offsetting decrease elsewhere in the
    United Nations budget and cause the United Nations to exceed the budget
    for the biennium 2000-2001 of $2,535,700,000.''.
    ---------------------------------------------------------------------------
        Sec. 114. Notwithstanding any other provision of this joint
    resolution, except section 106, only the following activities
    funded with Federal Funds for the District of Columbia, may be
    continued under this joint resolution at a rate for operations
    not exceeding the current rate, multiplied by the ratio of the
    number of days covered by this joint resolution to 365:
    Resident Tuition Support, Corrections Trustee Operations, Court
    Services and Offender Supervision, District of Columbia Courts,
    and Defender Services in District of Columbia Courts.
        Sec. 115. Activities authorized by sections 1309(a)(2), as
    amended by Public Law 104-208, and 1376(c) of the National
    Flood Insurance Act of 1968, as amended (42 U.S.C. 4001 et
    seq.), may continue through the date specified in section
    106(c) of this joint resolution.
        Sec. 116. Notwithstanding subsections (a)(2) and (h)(1)(B)
    of section 3011 of Public Law 106-31, activities authorized for
    fiscal year 2000 by such section may continue during the period
    covered by this joint resolution.
        Sec. 117. Notwithstanding any other provision of this joint
    resolution, the rate for operations for projects and activities
    for decennial census programs that would be funded under the
    heading ``Bureau of the Census, Periodic Censuses and
    Programs'' in the Departments of Commerce, Justice, and State,
    the Judiciary, and Related Agencies Appropriations Act, 2001,
    shall be the budget request.
        Sec. 118. Notwithstanding any other provision of this joint
    resolution except section 106, the United States Geological
    Survey may sign a contract to maintain Landsat-7 flight
    operations consistent with the President's Budget proposal to
    transfer Landsat-7 flight operations responsibility from the
    National Aeronautics and Space Administration to the United
    States Geological Survey beginning in fiscal year 2001.
        Sec. 119. Notwithstanding any other provision of this joint
    resolution, funds previously appropriated to the American
    Section of the International Joint Commission in Public Law
    106-246 may be obligated and expended in fiscal year 2001
    without regard to section 15 of the State Department Basic
    Authorities Act of 1956, as amended.
        Sec. 120.\3\ Notwithstanding any other provision of this
    joint resolution, except section 107, $7,100,000 shall be
    available for obligation by the Administrator of General
    Services for expenses necessary to carry out the Presidential
    Transition Act of 1963 (3 U.S.C. 102 note).
    ---------------------------------------------------------------------------
        \3\ Public Law 106-426 (114 Stat. 1897) added sec. 120.
    ---------------------------------------------------------------------------
        Sec. 121.\4\ (a) Notwithstanding any other provision of
    this joint resolution, except section 107, there are
    appropriated for all construction expenses, salaries, and other
    expenses associated with conducting the inaugural ceremonies of
    the President and Vice President of the United states, January
    20, 2001, in accordance with such program as may be adopted by
    the joint committee authorized by Senate Concurrent Resolution
    89, agreed to March 14, 2000 (One Hundred Sixth Congress), and
    Senate Concurrent Resolution 90, agreed to March 14, 2000 (One
    Hundred Sixth Congress), $1,000,000 to be disbursed by the
    Secretary of the Senate and to remain available until September
    30, 2001. Funds made available under this heading shall be
    available for payment, on a direct or reimbursable basis,
    whether incurred on, before, or after, October 1, 2000;
    Provided, That the compensation of any employee of the
    Committee on Rules and Administration of the Senate who has
    been designated to perform service for the Joint Congressional
    Committee on Inaugural Ceremonies shall continue to be paid by
    the Committee on Rules and Administration, but the account from
    which such staff member is paid may be reimbursed for the
    services of the staff member (including agency contributions
    when appropriate) out of funds made available under this
    heading.
    ---------------------------------------------------------------------------
        \4\ Public Law 106-520 (114 Stat. 2436) added sec. 121.
    ---------------------------------------------------------------------------
        (b) During fiscal year 2001 the Secretary of Defense shall
    provide protective services on a non-reimbursable basis to the
    United States Capitol police with respect to the following
    events:
              (1) Upon request of the Chair of the Joint
            Congressional Committee on Inaugural Ceremonies
            established under Senate Concurrent Resolution 89 (One
            Hundred Sixth Congress), agreed to March 14, 2000, the
            proceedings and ceremonies conducted for the
            inauguration of the President-elect and Vice President-
            elect of the United States.
              (2) Upon request of the Speaker of the House of
            Representatives and the President Pro Tempore of the
            Senate, the joint session of Congress held to receive a
            message of the President of the United States on the
            State of the Union.
                   c. Miscellaneous Appropriations Act, 2001

      Partial text of H.R. 5666, enacted by reference in sec. 1(a)(4) of
    Public Law 106-554 [Consolidated Appropriations Act, 2001; H.R. 4577],
                   114 Stat. 2763, approved December 21, 2000

     AN ACT Making consolidated appropriations for the fiscal year ending
                  September 30, 2001, 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. (a) The provisions of the following bills of the
    106th Congress are hereby enacted into law:
              * * * * * * *
              (4) H.R. 5666, as introduced on December 15, 2000,
            except that the text of H.R. 5666, as so enacted, shall
            not include section 123 (relating to the enactment of
            H.R. 4904).
              * * * * * * *
        (b) Publication.\1\ In publishing this Act in slip form and
    in the United States Statutes at Large pursuant to section 112
    of title 1, United States Code, the Archivist of the United
    States shall include after the date of approval at the end
    appendixes setting forth the texts of the bills referred to in
    subsection (a) of this section and the text of any other bill
    enacted into law by reference by reason of the enactment of
    this Act.
    ---------------------------------------------------------------------------
        \1\ 1 U.S.C. 112 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                             APPENDIX D--H.R. 5666

        That the following sums are appropriated, out of any money
    in the Treasury not otherwise appropriated, for the fiscal year
    ending September 30, 2001, and for other purposes, namely:

                                   DIVISION A

              * * * * * * *

                                   CHAPTER 6

                        General Provisions--This Chapter

        Sec. 601. Of the funds appropriated under the heading
    Department of State, International Narcotics Control and Law
    Enforcement, in the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2001, not less than
    $1,350,000 shall be available only for the Protection Project
    to continue its study of international trafficking,
    prostitution, slavery, debt bondage, and other abuses of women
    and children.
        Sec. 602. Embassy Compensation Authority. Funds made
    available under the heading ``Other Bilateral Economic
    Assistance, Economic Support Fund'' included in the Foreign
    Operations, Export Financing, and Related Programs
    Appropriations Act, 2001 (Public Law 106-429) may be made
    available, notwithstanding any other provision of law, to
    provide payment to the Government of the People's Republic of
    China for property loss and damage arising out of the May 7,
    1999 incident in Belgrade, Federal Republic of Yugoslavia.
              * * * * * * *

                                   CHAPTER 14

                       General Provisions--This Division

              * * * * * * *
        Sec. 1403. (a) Government-Wide Rescissions.--There is
    hereby rescinded an amount equal to 0.22 percent of the
    discretionary budget authority provided (or obligation limit
    imposed) for fiscal year 2001 in this or any other Act for each
    department, agency, instrumentality, or entity of the Federal
    Government, except for those programs, projects, and activities
    which are specifically exempted elsewhere in this provision:
    Provided, That this exact reduction percentage shall be applied
    on a pro rata basis only to each program, project, and activity
    subject to the rescission.
        (b) Restrictions.--This reduction shall not be applied to
    the amounts appropriated in title I of Public Law 106-259:
    Provided, That this reduction shall not be applied to the
    amounts appropriated in division B of Public Law 106-246:
    Provided further, That this reduction shall not be applied to
    the amounts appropriated under the Departments of Labor, Health
    and Human Services, and Education, and Related Agencies
    Appropriations Act, 2001, as contained in this Act, or in prior
    Acts.
        (c) Report.--The Director of the Office of Management and
    Budget shall include in the President's budget submitted for
    fiscal year 2002 a report specifying the reductions made to
    each account pursuant to this section.
              * * * * * * *
        This Act may be cited as the ``Miscellaneous Appropriations
    Act, 2001''.
                      d. Emergency Supplemental Act, 2000

    Partial text of Public Law 106-246 [H.R. 4425], 114 Stat. 511, approved
                                 July 13, 2000

    AN ACT Making appropriations for military construction, family housing,
    and base realignment and closure for the Department of Defense for the
         fiscal year ending September 30, 2001, and for other purposes.

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

            DIVISION B--FISCAL YEAR 2000 SUPPLEMENTAL APPROPRIATIONS

        The following sums are appropriated, out of any money in
    the Treasury not otherwise appropriated, for the fiscal year
    ending September 30, 2000, and for other purposes, namely:

              TITLE I--KOSOVO AND OTHER NATIONAL SECURITY MATTERS

                                   CHAPTER 1

              * * * * * * *

                                   CHAPTER 5

                         GENERAL PROVISIONS--THIS TITLE

        Sec. 501. For an additional amount for the Agency for
    International Development, ``International Disaster
    Assistance'', $25,000,000, for rehabilitation and
    reconstruction assistance for Mozambique, Madagascar, and
    southern Africa, to remain available until expended: Provided,
    That the entire amount is designated by the Congress as an
    emergency requirement pursuant to section 251(b)(2)(A) of the
    Balanced Budget and Emergency Deficit Control Act of 1985, as
    amended: Provided further, That the entire amount provided
    shall be available only to the extent an official budget
    request that includes designation of the entire amount as an
    emergency requirement as defined in the Balanced Budget and
    Emergency Deficit Control Act of 1985, as amended, is
    transmitted by the President to the Congress.
        Sec. 502. For an additional amount for ``Assistance for
    Eastern Europe and the Baltic States'', $50,000,000, to remain
    available until September 30, 2001: Provided, That this amount
    shall only be available for assistance for Montenegro and
    Croatia, and not to exceed $12,400,000 for assistance for
    Kosova: Provided further, That the amount specified in the
    previous proviso for assistance for Kosova may be made
    available only for police activities: Provided further, That
    funds made available in the preceding provisos shall be
    available subject to the regular notification procedures of the
    Committees on Appropriations: Provided further, That the entire
    amount is designated by the Congress as an emergency
    requirement pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended.
              * * * * * * *

                          TITLE III--COUNTERNARCOTICS

              * * * * * * *

                                   CHAPTER 2

                         BILATERAL ECONOMIC ASSISTANCE

                      Funds Appropriated to the President

                              Department of State

                   ASSISTANCE FOR COUNTERNARCOTICS ACTIVITIES

        For necessary expenses to carry out section 481 of the
    Foreign Assistance Act of 1961 to support Central and South
    America and Caribbean counternarcotics activities,
    $1,018,500,000, to remain available until expended: Provided,
    That of the funds appropriated under this heading, not less
    than $110,000,000 shall be made available for assistance for
    Bolivia, of which not less than $85,000,000 may be made
    available for alternative development and other economic
    activities: Provided further, That of the funds appropriated
    under this heading, not less than $20,000,000 may be made
    available for assistance for Ecuador, of which not less than
    $8,000,000 may be made available for alternative development
    and other economic activities: Provided further, That of the
    funds appropriated under this heading, not less than
    $18,000,000 shall be made available for assistance for other
    countries in South and Central America and the Caribbean which
    are cooperating with United States counternarcotics objectives:
    Provided further, That of the funds appropriated under this
    heading not less than $60,000,000 shall be made available for
    the procurement, refurbishing, and support for UH-1H Huey II
    helicopters for the Colombian Army: Provided further, That of
    the funds appropriated under this heading, not less than
    $234,000,000 shall be made available for the procurement of and
    support for UH-60 Blackhawk helicopters for use by the
    Colombian Army and the Colombian National Police: Provided
    further, That procurement of UH-60 Blackhawk helicopters from
    funds made available under this heading shall be managed by the
    United States Defense Security Cooperation Agency: Provided
    further, That the President shall ensure that if any helicopter
    procured with funds under this heading is used to aid or abet
    the operations of an illegal self-defense group or illegal
    security cooperative, then such helicopter shall be immediately
    returned to the United States: Provided further, That of the
    amount appropriated under this heading, $2,500,000 shall be
    available for a program for the demobilization and
    rehabilitation of child soldiers in Colombia: Provided further,
    That funds made available under this heading shall be in
    addition to amounts otherwise available for such purposes:
    Provided further, That section 482(b) of the Foreign Assistance
    Act of 1961 shall not apply to funds appropriated under this
    heading: Provided further, That the Secretary of State, in
    consultation with the Secretary of Defense and the
    Administrator of the United States Agency for International
    Development, shall provide to the Committees on Appropriations
    not later than 30 days after the date of the enactment of this
    Act and prior to the initial obligation of any funds
    appropriated under this heading, a report on the proposed uses
    of all funds under this heading on a country-by-country basis
    for each proposed program, project or activity: Provided
    further, That at least 20 days prior to the obligation of funds
    made available under this heading the Secretary of State shall
    inform the Committees on Appropriations: Provided further, That
    the entire amount is designated by the Congress as an emergency
    requirement pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended:
    Provided further, That the entire amount provided shall be
    available only to the extent an official budget request that
    includes designation of the entire amount of the request as an
    emergency requirement as defined in the Balanced Budget and
    Emergency Deficit Control Act of 1985, as amended, is
    transmitted by the President to the Congress.

                        GENERAL PROVISIONS--THIS CHAPTER

        Sec. 3201. Conditions on Assistance for Colombia. (a)
    Conditions.--
              (1) Certification required.--Assistance provided
            under this heading may be made available for Colombia
            in fiscal years 2000 and 2001 only if the Secretary of
            State certifies to the appropriate congressional
            committees prior to the initial obligation of such
            assistance in each such fiscal year, that--
                      (A)(i) the President of Colombia has directed
                    in writing that Colombian Armed Forces
                    personnel who are credibly alleged to have
                    committed gross violations of human rights will
                    be brought to justice in Colombia's civilian
                    courts, in accordance with the 1997 ruling of
                    Colombia's Constitutional court regarding
                    civilian court jurisdiction in human rights
                    cases; and
                      (ii) the Commander General of the Colombian
                    Armed Forces is promptly suspending from duty
                    any Colombian Armed Forces personnel who are
                    credibly alleged to have committed gross
                    violations of human rights or to have aided or
                    abetted paramilitary groups; and
                      (iii) the Colombian Armed Forces and its
                    Commander General are fully complying with
                    (A)(i) and (ii); and
                      (B) the Colombian Armed Forces are
                    cooperating fully with civilian authorities in
                    investigating, prosecuting, and punishing in
                    the civilian courts Colombian Armed Forces
                    personnel who are credibly alleged to have
                    committed gross violations of human rights;
                      (C) the Government of Colombia is vigorously
                    prosecuting in the civilian courts the leaders
                    and members of paramilitary groups and
                    Colombian Armed Forces personnel who are aiding
                    or abetting these groups;
                      (D) the Government of Colombia has agreed to
                    and is implementing a strategy to eliminate
                    Colombia's total coca and opium poppy
                    production by 2005 through a mix of alternative
                    development programs; manual eradication;
                    aerial spraying of chemical herbicides; tested,
                    environmentally safe mycoherbicides; and the
                    destruction of illicit narcotics laboratories
                    on Colombian territory; and
                      (E) the Colombian Armed Forces are developing
                    and deploying in their field units a Judge
                    Advocate General Corps to investigate Colombian
                    Armed Forces personnel for misconduct.
              (2) Consultative process.--The Secretary of State
            shall consult with internationally recognized human
            rights organizations regarding the Government of
            Colombia's progress in meeting the conditions contained
            in paragraph (1), prior to issuing the certification
            required under paragraph (1).
              (3) Application of existing laws.--The same
            restrictions contained in section 564 of the Foreign
            Operations, Export Financing, and Related Programs
            Appropriations Act, 2000 (Public Law 106-113) and
            section 8098 of the Department of Defense
            Appropriations Act, 2000 (Public Law 106-79) shall
            apply to the availability of funds under this heading.
              (4) Waiver.--Assistance may be furnished without
            regard to this section if the President determines and
            certifies to the appropriate committees that to do so
            is in the national security interest.
        (b) Definitions.--In this section:
              (1) Aiding or abetting.--The term ``aiding or
            abetting'' means direct and indirect support to
            paramilitary groups, including conspiracy to allow,
            facilitate, or promote the activities of paramilitary
            groups.
              (2) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means the
            Committee on Appropriations and the Committee on
            Foreign Relations of the Senate and the Committee on
            Appropriations and the Committee on International
            Relations of the House of Representatives.
              (3) Paramilitary groups.--The term ``paramilitary
            groups'' means illegal self-defense groups and illegal
            security cooperatives.
              (4) Assistance.--The term ``assistance'' means
            assistance appropriated under this heading for fiscal
            years 2000 and 2001, and provided under the following
            provisions of law:
                      (A) Section 1004 of the National Defense
                    Authorization Act for Fiscal Year 1991 (Public
                    Law 101-510; relating to counter-drug
                    assistance).
                      (B) Section 1033 of the National Defense
                    Authorization Act for Fiscal Year 1998 (Public
                    Law 105-85; relating to counter-drug assistance
                    to Colombia and Peru).
                      (C) Section 23 of the Arms Export Control Act
                    (Public Law 90-629; relating to credit sales).
                      (D) Section 481 of the Foreign Assistance Act
                    of 1961 (Public Law 87-195; relating to
                    international narcotics control).
                      (E) Section 506 of the Foreign Assistance Act
                    of 1961 (Public Law 87-195; relating to
                    emergency drawdown authority).
        Sec. 3202. Regional Strategy. (a) Report Required.--Not
    later than 60 days after the date of the enactment of this Act,
    the President shall submit to the Committee on Foreign
    Relations and the Committee on Appropriations of the Senate,
    the Committee on International Relations and the Committee on
    Appropriations of the House of Representatives, a report on the
    current United States policy and strategy regarding United
    States counternarcotics assistance for Colombia and neighboring
    countries.
        (b) Report Elements.--The report required by subsection (a)
    shall address the following:
              (1) The key objectives of the United States'
            counternarcotics strategy in Colombia and neighboring
            countries and a detailed description of benchmarks by
            which to measure progress toward those objectives.
              (2) The actions required of the United States to
            support and achieve these objectives, and a schedule
            and cost estimates for implementing such actions.
              (3) The role of the United States in the efforts of
            the Government of Colombia to deal with illegal drug
            production in Colombia.
              (4) The role of the United States in the efforts of
            the Government of Colombia to deal with the insurgency
            and paramilitary forces in Colombia.
              (5) How the strategy with respect to Colombia relates
            to and affects the United States' strategy in the
            neighboring countries.
              (6) How the strategy with respect to Colombia relates
            to and affects the United States' strategy for
            fulfilling global counternarcotics goals.
              (7) A strategy and schedule for providing material,
            technical, and logistical support to Colombia and
            neighboring countries in order to defend the rule of
            law and to more effectively impede the cultivation,
            production, transit, and sale of illicit narcotics.
              (8) A schedule for making Forward Operating Locations
            (FOL) fully operational, including cost estimates and a
            description of the potential capabilities for each
            proposed location and an explanation of how the FOL
            architecture fits into the overall Strategy.
        Sec. 3203. Report on Extradition of Narcotics
    Traffickers.--(a) Not later than 6 months after the date of the
    enactment of this title, and every 6 months thereafter, during
    the period Plan Colombia resources are made available, the
    Secretary of State shall submit to the Committee on Foreign
    Relations, the Committee on the Judiciary, and the Committee on
    Appropriations of the Senate; and the Committee on
    International Relations, the Committee on the Judiciary, and
    the Committee on Appropriations of the House of Representatives
    a report setting forth--
              (1) a list of the persons whose extradition has been
            requested from any country receiving counternarcotics
            assistance from the United States, indicating those
            persons who--
                      (A) have been surrendered to the custody of
                    United States authorities;
                      (B) have been detained by the authorities and
                    who are being processed for extradition;
                      (C) have been detained by the authorities and
                    who are not yet being processed for
                    extradition; or
                      (D) are at large;
              (2) a determination whether authorities of each
            country receiving counternarcotics assistance from the
            United States are making good faith efforts to ensure
            the prompt extradition of each of the persons sought by
            United States authorities; and
              (3) an analysis of--
                      (A) any legal obstacles in the laws of each
                    country receiving counternarcotics assistance
                    from the United States regarding prompt
                    extradition of persons sought by United States
                    authorities; and
                      (B) the steps taken by authorities of the
                    United States and the authorities of each
                    country receiving counternarcotics assistance
                    from the United States to overcome such
                    obstacles.
        Sec. 3204. Limitations on Support for Plan Colombia and on
    the Assignment of United States Personnel in Colombia. (a)
    Limitation on Support for Plan Colombia.--
              (1) Limitation.--Except as provided in paragraph (2),
            none of the funds appropriated or otherwise made
            available by any Act shall be available for support of
            Plan Colombia unless and until--
                      (A) the President submits a report to
                    Congress requesting the availability of such
                    funds; and
                      (B) Congress enacts a joint resolution
                    approving the request of the President under
                    subparagraph (A).
              (2) Exceptions.--The limitation in paragraph (1) does
            not apply to--
                      (A) appropriations made by this Act, the
                    Foreign Operations, Export Financing, and
                    Related Programs Appropriations Act, 2001, the
                    Military Construction Appropriations Act, 2001,
                    the Commerce, Justice, State and the Judiciary
                    Appropriations Act, 2001, the Treasury and
                    General Government Appropriations Act, 2001, or
                    the Department of Defense Appropriations Act,
                    2001, for the purpose of support of Plan
                    Colombia; or
                      (B) the unobligated balances from any other
                    program used for their originally appropriated
                    purpose to combat drug production and
                    trafficking, foster peace, increase the rule of
                    law, improve human rights, expand economic
                    development, and institute justice reform in
                    the countries covered by Plan Colombia.
              (3) Waiver.--The limitations in subsection (a) may be
            waived by an Act of Congress.
        (b) Limitation on Assignment of United States Personnel in
    Colombia.--
              (1) Limitation.--Except as provided in paragraph (2),
            none of the funds appropriated or otherwise made
            available by this or any other Act (including funds
            described in subsection (c)) may be available for--
                      (A) the assignment of any United States
                    military personnel for temporary or permanent
                    duty in Colombia in connection with support of
                    Plan Colombia if that assignment would cause
                    the number of United States military personnel
                    so assigned in Colombia to exceed 500; or
                      (B) the employment of any United States
                    individual civilian retained as a contractor in
                    Colombia if that employment would cause the
                    total number of United States individual
                    civilian contractors employed in Colombia in
                    support of Plan Colombia who are funded by
                    Federal funds to exceed 300.
              (2) Exception.--The limitation contained in paragraph
            (1) shall not apply if--
                      (A) the President submits a report to
                    Congress requesting that the limitation not
                    apply; and
                      (B) Congress enacts a joint resolution
                    approving the request of the President under
                    subparagraph (A).
        (c) Waiver.--The President may waive the limitation in
    subsection (b)(1) for a single period of up to 90 days in the
    event that the Armed Forces of the United States are involved
    in hostilities or that imminent involvement by the Armed Forces
    of the United States in hostilities is clearly indicated by the
    circumstances.
        (d) Statutory Construction.--Nothing in this section may be
    construed to affect the authority of the President to carry out
    any emergency evacuation of United States citizens or any
    search or rescue operation for United States military personnel
    or other United States citizens.
        (e) Report on Support for Plan Colombia.--Not later than
    June 1, 2001, and not later than June 1 and December 1 of each
    of the succeeding 4 fiscal years, the President shall submit a
    report to Congress setting forth any costs (including
    incremental costs incurred by the Department of Defense)
    incurred by any department, agency, or other entity of the
    executive branch of Government during the two previous fiscal
    quarters in support of Plan Colombia. Each such report shall
    provide an itemization of expenditures by each such department,
    agency, or entity.
        (f) Bimonthly Reports.--Beginning within 90 days of the
    date of the enactment of this Act, and every 60 days
    thereafter, the President shall submit a report to Congress
    that shall include the aggregate number, locations, activities,
    and lengths of assignment for all temporary and permanent
    United States military personnel and United States individual
    civilians retained as contractors involved in the antinarcotics
    campaign in Colombia.
        (g) Congressional Priority Procedures.--
              (1) Joint resolutions defined.--
                      (A) For purposes of subsection (a)(1)(B), the
                    term ``joint resolution'' means only a joint
                    resolution introduced not later than 10 days of
                    the date on which the report of the President
                    under subsection (a)(1)(A) is received by
                    Congress, the matter after the resolving clause
                    of which is as follows: ``That Congress
                    approves the request of the President for
                    additional funds for Plan Colombia contained in
                    the report submitted by the President under
                    section 3204(a)(1) of the 2000 Emergency
                    Supplemental Appropriations Act.''.
                      (B) For purposes of subsection (b)(2)(B), the
                    term ``joint resolution'' means only a joint
                    resolution introduced not later than 10 days of
                    the date on which the report of the President
                    under subsection (a)(1)(A) is received by
                    Congress, the matter after the resolving clause
                    of which is as follows: ``That Congress
                    approves the request of the President for
                    exemption from the limitation applicable to the
                    assignment of personnel in Colombia contained
                    in the report submitted by the President under
                    section 3204(b)(2)(B) of the 2000 Emergency
                    Supplemental Appropriations Act.''.
              (2) Procedures.--Except as provided in subparagraph
            (B), a joint resolution described in paragraph (1)(A)
            or (1)(B) shall be considered in a House of Congress in
            accordance with the procedures applicable to joint
            resolutions under paragraphs (3) through (8) of section
            8066(c) of the Department of Defense Appropriations
            Act, 1985 (as contained in Public Law 98-473; 98 Stat.
            1936).
        (h) Plan Colombia Defined.--In this section, the term
    ``Plan Colombia'' means the plan of the Government of Colombia
    instituted by the administration of President Pastrana to
    combat drug production and trafficking, foster peace, increase
    the rule of law, improve human rights, expand economic
    development, and institute justice reform.
        Sec. 3205. (a) Denial of Visas for Persons Credibly Alleged
    To Have Aided and Abetted Colombian Insurgent and Paramilitary
    Groups.--None of the funds appropriated or otherwise made
    available in this Act for any fiscal year for the Department of
    State may be used to issue visas to any person who has been
    credibly alleged to have provided direct or indirect support to
    the Revolutionary Armed Forces of Colombia (FARC), the National
    Liberation Army (ELN), or the United Colombian Self Defense
    organization (AUC), including conspiracy to allow, facilitate,
    or promote the illegal activities of such groups.
        (b) Exemption.--Subsection (a) shall not apply if the
    Secretary of State finds, on a case-by-case basis, that the
    entry into the United States of a person who would otherwise be
    excluded under this section is necessary for medical reasons,
    or to permit the prosecution of such person in the United
    States, or the person has cooperated fully with the
    investigation of crimes committed by individuals associated
    with the Revolutionary Armed Forces of Colombia (FARC), the
    National Liberation Army (ELN), or the United Colombian Self
    Defense organization (AUC).
        (c) Waiver.--The President may waive the limitation in
    subsection (a) if the President determines that the waiver is
    in the national interest.
        Sec. 3206. Limitation on Supplemental Funds for Population
    Planning.--Amounts appropriated under this division or under
    any other provision of law for fiscal year 2000 that are in
    addition to the funds made available under title II of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2000 (as enacted into law by section
    1000(a)(2) of Public Law 106-113) shall be deemed to have been
    appropriated under title II of such Act and shall be subject to
    all limitations and restrictions contained in section 599D of
    such Act, notwithstanding section 543 of such Act.
        Sec. 3207. Declaration of Support. (a) Certification
    Required.--Assistance may be made available for Colombia in
    fiscal years 2000 and 2001 only if the Secretary of State
    certifies to the appropriate congressional committees, before
    the initial obligation of such assistance in each such fiscal
    year, that the United States Government publicly supports the
    military and political efforts of the Government of Colombia,
    consistent with human rights conditions in section 3101,
    necessary to effectively resolve the conflicts with the
    guerrillas and paramilitaries that threaten the territorial
    integrity, economic prosperity, and rule of law in Colombia.
        (b) Definitions.--In this section:
              (1) Appropriate committees of congress.--The term
            ``appropriate committees of Congress'' means the
            following:
                      (A) The Committees on Appropriations and
                    Foreign Relations of the Senate.
                      (B) The Committees on Appropriations and
                    International Relations of the House of
                    Representatives.
              (2) Assistance.--The term ``assistance'' means
            assistance appropriated under this heading for fiscal
            years 2000 and 2001, and provided under the following
            provisions of law:
                      (A) Section 1004 of the National Defense
                    Authorization Act for Fiscal Year 1991 (Public
                    Law 101-510; relating to counter-drug
                    assistance).
                      (B) Section 1033 of the National Defense
                    Authorization Act for Fiscal Year 1998 (Public
                    Law 105-85; relating to counter-drug assistance
                    to Colombia and Peru).
                      (C) Section 23 of the Arms Export Control Act
                    (Public Law 90-629; relating to credit sales).
                      (D) Section 481 of the Foreign Assistance Act
                    of 1961 (Public Law 87-195; relating to
                    international narcotics control).
                      (E) Section 506 of the Foreign Assistance Act
                    of 1961 (Public Law 87-195; relating to
                    emergency drawdown authority).
              * * * * * * *

                   TITLE V--GENERAL PROVISIONS THIS DIVISION

              * * * * * * *
        Sec. 5103. The final proviso under the heading ``Foreign
    Military Financing Program'' in title VI of the Foreign
    Operations, Export Financing, and Related Programs as enacted
    into law by section 1000(a)(2) of division B of Public Law 106-
    113 (113 Stat. 1501A-133), is null and void.
              * * * * * * *
        This division may be cited as the ``Emergency Supplemental
    Act, 2000''.
              * * * * * * *
         e. Foreign Operations, Export Financing, and Related Programs
                            Appropriations Act, 2000

     H.R. 3422, enacted by reference in sec. 1000(a)(2) of Public Law 106-
      113, 113 Stat. 1501 at 1535, approved November 29, 1999; amended by
     Public Law 106-429 [Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2001; H.R. 5526, as introduced on October
     24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429],
                   114 Stat. 1900, approved November 6, 2000

    A BILL Making appropriations for foreign operations, export financing,
    and related programs for the fiscal year ending September 30, 2000, and
                              for other purposes.

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

    --------------------------------------------------------------------------------------------------------------------------------------------------------
                              Note.--Fiscal year 1999 appropriations were continued into fiscal year 2000 in Public Law 106-62 (113
                             Stat. 505; approved September 30, 1999), as amended, pending final passage of several annual
                             appropriations bills including foreign assistance appropriations.
    --------------------------------------------------------------------------------------------------------------------------------------------------------

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

    --------------------------------------------------------------------------------------------------------------------------------------------------------
                              Note.--Sec. 301 of the Miscellaneous Appropriations Act (H.R. 3425 enacted by reference in sec.
                             1000(a)(5) of Public Law 106-113; 113 Stat. 1535)), provided the following:
                              ``Sec. 301. (a) Government-wide Rescissions.--There is hereby rescinded an amount equal to 0.38
                             percent of the discretionary budget authority provided (or obligation limit imposed) for fiscal year
                             2000 in this or any other Act for each department, agency, instrumentality, or entity of the Federal
                             Government.
                              ``(b) Restrictions.--In carrying out the rescissions made by subsection (a)--
                                ``(1) no program, project, or activity of any department, agency, instrumentality, or entity may be
                             reduced by more than 15 percent (with `programs, projects, and activities' as delineated in the
                             appropriations Act or accompanying report for the relevant account, or for accounts and items not
                             included in appropriations Acts, as delineated in the most recently submitted President's budget),
                                ``(2) no reduction shall be taken from any military personnel account, and
                                ``(3) the reduction for the Department of Defense and Department of Energy Defense Activities shall
                             be applied proportionately to all Defense accounts.
                              ``(c) Report.--The Director of the Office of Management and Budget shall include in the President's
                             budget submitted for fiscal year 2001 a report specifying the reductions made to each account pursuant
                             to this section.''.
    --------------------------------------------------------------------------------------------------------------------------------------------------------

        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, 2000, and for other purposes, namely:

                   TITLE I--EXPORT AND INVESTMENT ASSISTANCE

              * * * * * * *

                             SUBSIDY APPROPRIATION

        For the cost of direct loans, loan guarantees, insurance,
    and tied-aid grants as authorized by section 10 of the Export-
    Import Bank Act of 1945, as amended, $759,000,000 to remain
    available until September 30, 2003: Provided, That such costs,
    including the cost of modifying such loans, shall be as defined
    in section 502 of the Congressional Budget Act of 1974:
    Provided further, That such sums shall remain available until
    September 30, 2018 for the disbursement of direct loans, loan
    guarantees, insurance and tied-aid grants obligated in fiscal
    years 2000, 2001, 2002, and 2003: Provided further, That none
    of the funds appropriated by this Act or any prior Act
    appropriating funds for foreign operations, export financing,
    or related programs for tied-aid credits or grants may be used
    for any other purpose except through the regular notification
    procedures of the Committees on Appropriations: Provided
    further, That funds appropriated by this paragraph are made
    available notwithstanding section 2(b)(2) of the Export Import
    Bank Act of 1945, in connection with the purchase or lease of
    any product by any East European country, any Baltic State or
    any agency or national thereof.
              * * * * * * *

                    OVERSEAS PRIVATE INVESTMENT CORPORATION

              * * * * * * *

                                PROGRAM ACCOUNT

        For the cost of direct and guaranteed loans, $24,000,000,
    as authorized by section 234 of the Foreign Assistance Act of
    1961 to be derived by transfer from the Overseas Private
    Investment Corporation noncredit account: Provided, That such
    costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That such sums shall be available for direct
    loan obligations and loan guaranty commitments incurred or made
    during fiscal years 2000 and 2001: Provided further, That such
    sums shall remain available through fiscal year 2008 for the
    disbursement of direct and guaranteed loans obligated in fiscal
    year 2000, and through fiscal year 2009 for the disbursement of
    direct and guaranteed loans obligated in fiscal year 2001:
    Provided further, That in addition, such sums as may be
    necessary for administrative expenses to carry out the credit
    program may be derived from amounts available for
    administrative expenses to carry out the credit and insurance
    programs in the Overseas Private Investment Corporation
    Noncredit Account and merged with said account: Provided
    further, That funds made available under this heading or in
    prior appropriations Acts that are available for the cost of
    financing under section 234 of the Foreign Assistance Act of
    1961, shall be available for purposes of section 234(g) of such
    Act, to remain available until expended.
              * * * * * * *

                          TITLE V--GENERAL PROVISIONS

              * * * * * * *

      VOLUNTARY SEPARATION INCENTIVES FOR EMPLOYEES OF THE UNITED STATES
                      AGENCY FOR INTERNATIONAL DEVELOPMENT

        Sec. 579.\1\ (a) Definitions.--For the purposes of this
    section--
    ---------------------------------------------------------------------------
        \1\ 5 U.S.C. 5597 note.
    ---------------------------------------------------------------------------
              (1) the term ``agency'' means the United States
            Agency for International Development;
              (2) the term ``Administrator'' means the
            Administrator, United States Agency for International
            Development; and
              (3) the term ``employee'' means an employee (as
            defined by section 2105 of title 5, United States Code)
            who is employed by the agency, is serving under an
            appointment without time limitation, and has been
            currently employed for a continuous period of at least
            3 years, but does not include--
                      (A) a reemployed annuitant under subchapter
                    III of chapter 83 or chapter 84 of title 5,
                    United States Code, or another retirement
                    system for employees of the agency;
                      (B) an employee having a disability on the
                    basis of which such employee is or would be
                    eligible for disability retirement under the
                    applicable retirement system referred to in
                    subparagraph (A);
                      (C) an employee who is to be separated
                    involuntarily for misconduct or unacceptable
                    performance, and to whom specific notice has
                    been given with respect to that separation;
                      (D) an employee who has previously received
                    any voluntary separation incentive payment by
                    the Government of the United States under this
                    section or any other authority and has not
                    repaid such payment;
                      (E) an employee covered by statutory
                    reemployment rights who is on transfer to
                    another organization; or
                      (F) any employee who, during the 24-month
                    period preceding the date of separation,
                    received a recruitment or relocation bonus
                    under section 5753 of title 5, United States
                    Code, or who, within the 12-month period
                    preceding the date of separation, received a
                    retention allowance under section 5754 of such
                    title 5, United States Code.
        (b) Agency Strategic Plan.--
              (1) In general.--The Administrator, before obligating
            any resources for voluntary separation incentive
            payments under this section, shall submit to the
            Committees on Appropriations and the Office of
            Management and Budget a strategic plan outlining the
            intended use of such incentive payments and a proposed
            organizational chart for the agency once such incentive
            payments have been completed.
              (2) Contents.--The agency's plan shall include--
                      (A) the positions and functions to be reduced
                    or eliminated, identified by organizational
                    unit, geographic location, occupational
                    category and grade level;
                      (B) the number and amounts of voluntary
                    separation incentive payments to be offered;
                      (C) a description of how the agency will
                    operate without the eliminated positions and
                    functions; and
                      (D) the time period during which incentives
                    may be paid.
              (3) Approval.--The Director of the Office of
            Management and Budget shall review the agency's plan
            and approve or disapprove the plan and may make
            appropriate modifications in the plan with respect to
            the coverage of incentives as described under paragraph
            (2)(A), and with respect to the matters described in
            paragraphs (2)(B) through (D).
        (c) Authority to Provide Voluntary Separation Incentive
    Payments.--
              (1) In general.--A voluntary separation incentive
            payment under this section may be paid by the agency to
            employees of such agency and only to the extent
            necessary to eliminate the positions and functions
            identified by the strategic plan.
              (2) Amount and treatment of payments.--A voluntary
            separation incentive payment under this section--
                      (A) shall be paid in a lump sum after the
                    employee's separation;
                      (B) shall be paid from appropriations or
                    funds available for the payment of the basic
                    pay of the employees;
                      (C) shall be equal to the lesser of--
                              (i) an amount equal to the amount the
                            employee would be entitled to receive
                            under section 5595(c) of title 5,
                            United States Code, if the employee
                            were entitled to payment under such
                            section; or
                              (ii) an amount determined by the
                            agency head not to exceed $25,000;
                      (D) may not be made except in the case of any
                    employee who voluntarily separates (whether by
                    retirement or resignation) on or before
                    December 31, 2001; \2\
    ---------------------------------------------------------------------------
        \2\ Sec. 584 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on
    October 24, 2000, enacted by reference in sec. 101(a) of Public Law
    106-429; 114 Stat. 1900), struck out ``December 31, 2000'' and inserted
    in lieu thereof ``December 31, 2001''.
    ---------------------------------------------------------------------------
                      (E) shall not be a basis for payment, and
                    shall not be included in the computation, of
                    any other type of Government benefit; and
                      (F) shall not be taken into account in
                    determining the amount of any severance pay to
                    which the employee may be entitled under
                    section 5595 of title 5, United States Code,
                    based on any other separation.
        (d) Additional Agency Contributions to the Retirement
    Fund.--
              (1) In general.--In addition to any other payments
            which it is required to make under subchapter III of
            chapter 83 or chapter 84 of title 5, United States
            Code, the agency shall remit to the Office of Personnel
            Management for deposit in the Treasury of the United
            States to the credit of the Civil Service Retirement
            and Disability Fund an amount equal to 15 percent of
            the final basic pay of each employee of the agency who
            is covered under subchapter III of chapter 83 or
            chapter 84 of title 5, United States Code, to whom a
            voluntary separation incentive has been paid under this
            section.
              (2) Definition.--For the purpose of paragraph (1),
            the term ``final basic pay'', with respect to an
            employee, means the total amount of basic pay which
            would be payable for a year of service by such
            employee, computed using the employee's final rate of
            basic pay, and, if last serving on other than a full-
            time basis, with appropriate adjustment therefor.
        (e) Effect of Subsequent Employment with the Government.--
              (1) An individual who has received a voluntary
            separation incentive payment under this section and
            accepts any employment for compensation with the
            Government of the United States, or who works for any
            agency of the Government of the United States through a
            personal services contract, within 5 years after the
            date of the separation on which the payment is based
            shall be required to pay, prior to the individual's
            first day of employment, the entire amount of the
            incentive payment to the agency that paid the incentive
            payment.
              (2) If the employment under paragraph (1) is with an
            Executive agency (as defined by section 105 of title 5,
            United States Code), the United States Postal Service,
            or the Postal Rate Commission, the Director of the
            Office of Personnel Management may, at the request of
            the head of the agency, waive the repayment if the
            individual involved possesses unique abilities and is
            the only qualified applicant available for the
            position.
              (3) If the employment under paragraph (1) is with an
            entity in the legislative branch, the head of the
            entity or the appointing official may waive the
            repayment if the individual involved possesses unique
            abilities and is the only qualified applicant available
            for the position.
              (4) If the employment under paragraph (1) is with the
            judicial branch, the Director of the Administrative
            Office of the United States Courts may waive the
            repayment if the individual involved possesses unique
            abilities and is the only qualified applicant for the
            position.
        (f) Reduction of Agency Employment Levels.--
              (1) In general.--The total number of funded employee
            positions in the agency shall be reduced by one
            position for each vacancy created by the separation of
            any employee who has received, or is due to receive, a
            voluntary separation incentive payment under this
            section. For the purposes of this subsection, positions
            shall be counted on a full-time-equivalent basis.
              (2) Enforcement.--The President, through the Office
            of Management and Budget, shall monitor the agency and
            take any action necessary to ensure that the
            requirements of this subsection are met.
        (g) Regulations.--The Office of Personnel Management may
    prescribe such regulations as may be necessary to implement
    this section.
              * * * * * * *

                   abolition of the inter-american foundation

        Sec. 586.\3\ (a) Definitions.--In this section:
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 290f note.
    ---------------------------------------------------------------------------
              (1) Director.--The term ``Director'' means the
            Director of the Office of Management and Budget.
              (2) Foundation.--The term ``Foundation'' means the
            Inter-American Foundation.
              (3) Function.--The term ``function'' means any duty,
            obligation, power, authority, responsibility, right,
            privilege, activity, or program.
        (b) Abolition of Inter-American Foundation.--During fiscal
    years 2000 and 2001,\4\ the President is authorized to abolish
    the Inter-American Foundation. The provisions of this section
    shall only be effective upon the effective date of the
    abolition of the Inter-American Foundation.
    ---------------------------------------------------------------------------
        \4\ Sec. 591(1) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on
    October 24, 2000, enacted by reference in sec. 101(a) of Public Law
    106-429; 114 Stat. 1900A-59), struck out ``year 2000'' and inserted in
    lieu thereof ``years 2000 and 2001''.
    ---------------------------------------------------------------------------
        (c) Termination of Functions.--
              (1) Except as provided in subsection (d)(2), there
            are terminated upon the abolition of the Foundation all
            functions vested in, or exercised by, the Foundation or
            any official thereof, under any statute, reorganization
            plan, Executive order, or other provisions of law, as
            of the day before the effective date of this section.
              (2) Repeal.--Section 401 of the Foreign Assistance
            Act of 1969 (22 U.S.C. 290f) \5\ is repealed upon the
            effective date specified in subsection (j).
    ---------------------------------------------------------------------------
        \5\ Sec. 591(2) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on
    October 24, 2000, enacted by reference in sec. 101(a) of Public Law
    106-429; 114 Stat. 1900A-59), struck out ``6290f'' and inserted in lieu
    thereof ``290f''.
    ---------------------------------------------------------------------------
              (3) Final disposition of funds.--Upon the date of
            transmittal to Congress of the certification described
            in subsection (d)(4), all unexpended balances of
            appropriations of the Foundation shall be deposited in
            the miscellaneous receipts account of the Treasury of
            the United States.
        (d) Responsibilities of the Director of the Office of
    Management and Budget.--
              (1) In general.--The Director of the Office of
            Management and Budget shall be responsible for--
                      (A) the administration and wind-up of any
                    outstanding obligation of the Federal
                    Government under any contract or agreement
                    entered into by the Foundation before the date
                    of the enactment of the Foreign Operations,
                    Export Financing, and Related Programs
                    Appropriations Act, 2000, except that the
                    authority of this subparagraph does not include
                    the renewal or extension of any such contract
                    or agreement; and
                      (B) taking such other actions as may be
                    necessary to wind-up any outstanding affairs of
                    the Foundation.
              (2) Transfer of functions to the director.--There are
            transferred to the Director such functions of the
            Foundation under any statute, reorganization plan,
            Executive order, or other provision of law, as of the
            day before the date of the enactment of this section,
            as may be necessary to carry out the responsibilities
            of the Director under paragraph (1).
              (3) Authorities of the director.--For purposes of
            performing the functions of the Director under
            paragraph (1) and subject to the availability of
            appropriations, the Director may--
                      (A) enter into contracts;
                      (B) employ experts and consultants in
                    accordance with section 3109 of title 5, United
                    States Code, at rates for individuals not to
                    exceed the per diem rate equivalent to the rate
                    for level IV of the Executive Schedule; and
                      (C) utilize, on a reimbursable basis, the
                    services, facilities, and personnel of other
                    Federal agencies.
              (4) Certification required.--Whenever the Director
            determines that the responsibilities described in
            paragraph (1) have been fully discharged, the Director
            shall so certify to the appropriate congressional
            committees.
        (e) Report to Congress.--The Director of the Office of
    Management and Budget shall submit to the appropriate
    congressional committees a detailed report in writing regarding
    all matters relating to the abolition and termination of the
    Foundation. The report shall be submitted not later than 90
    days after the termination of the Foundation.
        (f) Transfer and Allocation of Appropriations.--Except as
    otherwise provided in this section, the assets, liabilities
    (including contingent liabilities arising from suits continued
    with a substitution or addition of parties under subsection
    (g)(3)), contracts, property, records, and unexpended balance
    of appropriations, authorizations, allocations, and other funds
    employed, held, used, arising from, available to, or to be made
    available in connection with the functions, terminated by
    subsection (c)(1) or transferred by subsection (d)(2) shall be
    transferred to the Director for purposes of carrying out the
    responsibilities described in subsection (d)(1).
        (g) Savings Provisions.--
              (1) Continuing legal force and effect.--All orders,
            determinations, rules, regulations, permits,
            agreements, grants, contracts, certificates, licenses,
            registrations, privileges, and other administrative
            actions--
                      (A) that have been issued, made, granted, or
                    allowed to become effective by the Foundation
                    in the performance of functions that are
                    terminated or transferred under this section;
                    and
                      (B) that are in effect as of the date of the
                    abolition of the Foundation, or were final
                    before such date and are to become effective on
                    or after such date,
            shall continue in effect according to their terms until
            modified, terminated, superseded, set aside, or revoked
            in accordance with law by the President, the Director,
            or other authorized official, a court of competent
            jurisdiction, or by operation of law.
              (2) No effect on judicial or administrative
            proceedings.--Except as otherwise provided in this
            section--
                      (A) the provisions of this section shall not
                    affect suits commenced prior to the date of the
                    abolition of the Foundation; and
                      (B) in all such suits, proceedings shall be
                    had, appeals taken, and judgments rendered in
                    the same manner and effect as if this section
                    had not been enacted.
              (3) Nonabatement of proceedings.--No suit, action, or
            other proceeding commenced by or against any officer in
            the official capacity of such individual as an officer
            of the Foundation shall abate by reason of the
            enactment of this section. No cause of action by or
            against the Foundation, or by or against any officer
            thereof in the official capacity of such officer, shall
            abate by reason of the enactment of this section.
              (4) Continuation of proceeding with substitution of
            parties.--If, before the date of the abolition of the
            Foundation, the Foundation, or officer thereof in the
            official capacity of such officer, is a party to a
            suit, then effective on such date such suit shall be
            continued with the Director substituted or added as a
            party.
              (5) Reviewability of orders and actions under
            transferred functions.--Orders and actions of the
            Director in the exercise of functions terminated or
            transferred under this section shall be subject to
            judicial review to the same extent and in the same
            manner as if such orders and actions had been taken by
            the Foundation immediately preceding their termination
            or transfer. Any statutory requirements relating to
            notice, hearings, action upon the record, or
            administrative review that apply to any function
            transferred by this section shall apply to the exercise
            of such function by the Director.
        (h) Conforming Amendments.--
              (1) African development foundation.--Section 502 of
            the International Security and Development Cooperation
            Act of 1980 (22 U.S.C. 290h) is amended--
                      (A) by inserting ``and'' at the end of
                    paragraph (2);
                      (B) by striking the semicolon at the end of
                    paragraph (3) and inserting a period; and
                      (C) by striking paragraphs (4) and (5).
              (2) Social progress trust fund agreement.--Section 36
            of the Foreign Assistance Act of 1973 is amended--
                      (A) in subsection (a)--
                              (i) by striking ``provide for'' and
                            all that follows through ``(2)
                            utilization'' and inserting ``provide
                            for the utilization''; and
                              (ii) by striking ``member
                            countries;'' and all that follows
                            through ``paragraph (2)'' and inserting
                            ``member countries.'';
                      (B) in subsection (b), by striking ``transfer
                    or'';
                      (C) by striking subsection (c);
                      (D) by redesignating subsection (d) as
                    subsection (c); and
                      (E) in subsection (c) (as so redesignated),
                    by striking ``transfer or''.
              (3) Foreign assistance act of 1961.--Section 222A(d)
            of the Foreign Assistance Act of 1961 (22 U.S.C.
            2182a(d)) is repealed.
        (i) Definition.--In this section, the term ``appropriate
    congressional committees'' means the Committee on
    Appropriations and the Committee on Foreign Relations of the
    Senate and the Committee on Appropriations and the Committee on
    International Relations of the House of Representatives.
        (j) Effective Dates.--The repeal made by subsection (c)(2)
    and the amendments made by subsection (h) shall take effect
    upon the date of transmittal to Congress of the certification
    described in subsection (d)(4).
              * * * * * * *

          TITLE VI--INTERNATIONAL AFFAIRS SUPPLEMENTAL APPROPRIATIONS

                         BILATERAL ECONOMIC ASSISTANCE

                      Funds Appropriated to the President

                      OTHER BILATERAL ECONOMIC ASSISTANCE

                             ECONOMIC SUPPORT FUND

        For an additional amount for ``Economic Support Fund'' for
    assistance for Jordan and for the West Bank and Gaza,
    $450,000,000, to remain available until September 30, 2002, of
    which $100,000,000 of the funds made available for the West
    Bank and Gaza shall become available for obligation on
    September 30, 2000: Provided, That the entire amount is
    designated by the Congress as an emergency requirement pursuant
    to section 251(b)(2)(A) of the Balanced Budget and Emergency
    Deficit Control Act of 1985, as amended: Provided further, That
    the entire amount provided shall be available only to the
    extent that an official budget request that includes
    designation of the entire amount as an emergency requirement
    pursuant to section 251(b)(2)(A) of the Balanced Budget and
    Emergency Deficit Control Act of 1985, as amended, is
    transmitted by the President to the Congress.

                              MILITARY ASSISTANCE

                      Funds Appropriated to the President

                       FOREIGN MILITARY FINANCING PROGRAM

        For an additional amount for ``Foreign Military Financing
    Program'', $1,375,000,000, to remain available until September
    30, 2002, of which $1,200,000,000 shall be for grants only for
    Israel, $25,000,000 shall be for grants only for Egypt, and
    $150,000,000 shall be for grants only for Jordan: Provided,
    That $300,000,000 of the funds made available for Israel and
    $100,000,000 of the funds made available for Jordan shall
    become available for obligation on September 30, 2000: Provided
    further, That funds appropriated under this heading shall be
    nonrepayable, notwithstanding section 23 of the Arms Export
    Control Act: Provided further, That funds appropriated under
    this heading shall be expended at the minimum rate necessary to
    make timely payment for defense articles and services: Provided
    further, That to the extent that the Government of Israel
    requests that funds be used for such purposes, grants made
    available for Israel by this paragraph shall, as agreed by
    Israel and the United States, be available for advanced weapons
    systems, of which not to exceed 26.3 percent shall be available
    for the procurement in Israel of defense articles and defense
    services, including research and development: Provided further,
    That the entire amount is designated by the Congress as an
    emergency requirement pursuant to section 251(b)(2)(A) of the
    Balanced Budget and Emergency Deficit Control Act of 1985, as
    amended: Provided further, That the entire amount provided
    shall be available only to the extent that an official budget
    request that includes designation of the entire amount as an
    emergency requirement pursuant to section 251(b)(2)(A) of the
    Balanced Budget and Emergency Deficit Control Act of 1985, as
    amended, is transmitted by the President to the Congress:
    Provided further, That notwithstanding any other provision of
    this Act, not to exceed $1,370,000,000 of the funds
    appropriated for Israel under this heading in title III shall
    be disbursed within 30 days of the enactment of this Act.
        This Act may be cited as the ``Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2000''.
                     f. Miscellaneous Appropriations, 2000

     H.R. 3425, enacted by reference in sec. 1000(a)(5) of Public Law 106-
            113, 113 Stat. 1501 at 1535, approved November 29, 1999

     A BILL Making miscellaneous appropriations for the fiscal year ending
                  September 30, 1999, 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, 2000, and for other purposes, namely:
              * * * * * * *

                     TITLE II--OTHER APPROPRIATIONS MATTERS

              * * * * * * *
        Sec. 216. The Office of Net Assessment in the Office of the
    Secretary of Defense, jointly with the United States Pacific
    Command, shall submit, through the Under Secretary of Defense
    (Policy), a report to Congress no later than 270 days after the
    enactment of this Act which addresses the following issues: (1)
    A review of the operational planning and other preparations of
    the United States Department of Defense, including but not
    limited to the United States Pacific Command, to implement the
    relevant sections of the Taiwan Relations Act since its
    enactment in 1979; and (2) a review of evaluation of all gaps
    in relevant knowledge about the People's Republic of China's
    capabilities and intentions as they might affect the current
    and future military balance between Taiwan and the People's
    Republic of China, including both classified United States
    intelligence information and Chinese open source writing. The
    report shall be submitted in classified form, with an
    unclassified summary.
              * * * * * * *

              TITLE III--FISCAL YEAR 2000 OFFSETS AND RESCISSIONS

        Sec. 301. (a) Government-wide Rescissions.--There is hereby
    rescinded an amount equal to 0.38 percent of the discretionary
    budget authority provided (or obligation limit imposed) for
    fiscal year 2000 in this or any other Act for each department,
    agency, instrumentality, or entity of the Federal Government.
        (b) Restrictions.--In carrying out the rescissions made by
    subsection (a),--
              (1) no program, project, or activity of any
            department, agency, instrumentality, or entity may be
            reduced by more than 15 percent (with ``programs,
            projects, and activities'' as delineated in the
            appropriations Act or accompanying report for the
            relevant account, or for accounts and items not
            included in appropriations Acts, as delineated in the
            most recently submitted President's budget),
              (2) no reduction shall be taken from any military
            personnel account, and
              (3) the reduction for the Department of Defense and
            Department of Energy Defense Activities shall be
            applied proportionately to all Defense accounts.
        (c) Report.--The Director of the Office of Management and
    Budget shall include in the President's budget submitted for
    fiscal year 2001 a report specifying the reductions made to
    each account pursuant to this section.
              * * * * * * *

                       TITLE V--INTERNATIONAL DEBT RELIEF

    SEC. 501.\1\ ACTIONS TO PROVIDE BILATERAL DEBT RELIEF.

        (a) Cancellation of Debt.--Subject to the availability of
    amounts provided in advance in appropriations Acts, the
    President shall cancel all amounts owed to the United States
    (or any agency of the United States) by any country eligible
    for debt reduction under this section, as a result of loans
    made or credits extended prior to June 20, 1999, under any of
    the provisions of law specified in subsection (b).
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2395a note.
    ---------------------------------------------------------------------------
        (b) Provisions of Law.--The provisions of law referred to
    in subsection (a) are the following:
              (1) Sections 221 and 222 of the Foreign Assistance
            Act.
              (2) The Arms Export Control Act (22 U.S.C. 2751 et
            seq.).
              (3) Section 5(f) of the Commodity Credit Corporation
            Charter Act, section 201 of the Agricultural Trade Act
            of 1978 (7 U.S.C. 5621), or section 202 of such Act (7
            U.S.C. 5622), or predecessor provisions under the Food
            for Peace Act of 1966.
              (4) Title I of the Agricultural Trade Development and
            Assistance Act of 1954 (7 U.S.C. 1701 et seq.).
        (c) Other Debt Reduction Authorities.--The authority
    provided in this section is in addition to any other debt
    relief authority and does not in any way limit such authority.
        (d) Eligible Countries.--A country that is performing
    satisfactorily under an economic reform program shall be
    eligible for cancellation of debt under this section if--
              (1) the country, as of December 31, 2000, is eligible
            to borrow from the International Development
            Association;
              (2) the country, as of December 31, 2000, is not
            eligible to borrow from the International Bank for
            Reconstruction and Development; and
              (3)(A) the country has outstanding public and
            publicly guaranteed debt, the net present value of
            which on December 31, 1996, was at least 150 percent of
            the average annual value of the exports of the country
            for the period 1994 through 1996; or
              (B)(i) the country has outstanding public and
            publicly guaranteed debt, the net present value of
            which, as of the date the President determines that the
            country is eligible for debt relief under this section,
            is at least 150 percent of the annual value of the
            exports of the country; or
              (ii) the country has outstanding public and publicly
            guaranteed debt, the net present value of which, as of
            the date the President determines that the country is
            eligible for debt relief under this section, is at
            least 250 percent of the annual fiscal revenues of the
            country, and has minimum ratios of exports to Gross
            Domestic Product of 30 percent, and of fiscal revenues
            to Gross Domestic Product of 15 percent.
        (e) Priority.--In carrying out subsection (a), the
    President should seek to leverage scarce foreign assistance and
    give priority to heavily indebted poor countries with
    demonstrated need and the capacity to use such relief
    effectively.
        (f) Exceptions.--A country shall not be eligible for
    cancellation of debt under this section if the government of
    the country--
              (1) has an excessive level of military expenditures;
              (2) has repeatedly provided support for acts of
            international terrorism, as determined by the Secretary
            of State under section 6(j)(1) of the Export
            Administration Act of 1979 (50 U.S.C. App. 2405(j)(1))
            or section 620A(a) of the Foreign Assistance Act of
            1961 (22 U.S.C. 2371(a));
              (3) is failing to cooperate on international
            narcotics control matters; or
              (4) (including its military or other security
            forces), engages in a consistent pattern of gross
            violations of internationally recognized human rights.
        (g) Additional Requirement.--A country which is otherwise
    eligible to receive cancellation of debt under this section may
    receive such cancellation only if the country has committed, in
    connection with a social and economic reform program--
              (1) to enable, facilitate, or encourage the
            implementation of policy changes and institutional
            reforms under economic reform programs, in a manner
            that ensures that such policy changes and institutional
            reforms are designed and adopted through transparent
            and participatory processes;
              (2) to adopt an integrated development strategy of
            the type described in section 1624(a) of the
            International Financial Institutions Act, to support
            poverty reduction through economic growth, that
            includes monitorable poverty reduction goals;
              (3) to take steps so that the financial benefits of
            debt relief are applied to programs to combat poverty
            (in particular through concrete measures to improve
            economic infrastructure, basic services in education,
            nutrition, and health, particularly treatment and
            prevention of the leading causes of mortality) and to
            redress environmental degradation;
              (4) to take steps to strengthen and expand the
            private sector, encourage increased trade and
            investment, support the development of free markets,
            and promote broad-scale economic growth;
              (5) to implement transparent policy making and budget
            procedures, good governance, and effective
            anticorruption measures;
              (6) to broaden public participation and popular
            understanding of the principles and goals of poverty
            reduction, particularly through economic growth, and
            good governance; and
              (7) to promote the participation of citizens and
            nongovernmental organizations in the economic policy
            choices of the government.
        (h) Certain Prohibitions Inapplicable.--Except as the
    President may otherwise determine for reasons of national
    security, a cancellation of debt under this section shall not
    be considered to be assistance for purposes of any provision of
    law limiting assistance to a country. The authority to provide
    for cancellation of debt under this section may be exercised
    notwithstanding section 620(r) of the Foreign Assistance Act of
    1961, or any similar provision of law.
        (i) Authorization of Appropriations.--For the cost (as
    defined in section 502(5) of the Federal Credit Reform Act of
    1990) of the cancellation of any debt under this section, there
    are authorized to be appropriated to the President such sums as
    may be necessary for each of the fiscal years 2000 through
    2004, which shall remain available until expended.
        (j) Annual Reports to the Congress.--Not later than
    December 31 of each year, the President shall prepare and
    transmit to the Committees on Banking and Financial Services,
    Appropriations, and International Relations of the House of
    Representatives, and the Committees on Banking, Housing, and
    Urban Affairs, Foreign Relations, and Appropriations of the
    Senate a report, which shall be made available to the public,
    concerning the cancellation of debt under subsection (a), and a
    detailed description of debt relief provided by the United
    States as a member of the Paris Club of Official Creditors for
    the prior fiscal year.

    SEC. 502. ACTIONS TO IMPROVE THE PROVISION OF MULTILATERAL DEBT RELIEF.

        Title XVI of the International Financial Institutions Act
    (22 U.S.C. 262p-262p-5) is amended by adding at the end the
    following: * * * \2\
    ---------------------------------------------------------------------------
        \2\ Sec. 502 added new secs. 1623 and 1624 to the International
    Financial Institutions Act. For text, see Legislation on Foreign
    Relations Through 2000, vol. III.
    ---------------------------------------------------------------------------

    SEC. 503. ACTIONS TO FUND THE PROVISION OF MULTILATERAL DEBT RELIEF.

        (a) Contributions for Debt Reductions for the Poorest
    Countries.--The Bretton Woods Agreements Act (22 U.S.C. 286 et
    seq.) is amended by adding at the end the following: \5\
    ---------------------------------------------------------------------------
        \5\ Sec. 503(a) added a new sec. 62 to the Bretton Woods Agreements
    Act. For text, see Legislation on Foreign Relations Through 2000, vol.
    III.
    ---------------------------------------------------------------------------
        (b) \7\ Certification.--Within 15 days after the United
    States Executive Director casts the votes necessary to carry
    out the instruction described in section 62 of the Bretton
    Woods Agreements Act, the Secretary of the Treasury shall
    certify to the Congress that neither the profits nor the
    earnings on the investment of profits from the gold sales made
    pursuant to the instruction or of the funds attributable to
    United States participation in SCA-2 will be used to augment
    the resources of any reserve account of the International
    Monetary Fund for the purpose of making loans.
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 286nn note.
    ---------------------------------------------------------------------------

    SEC. 504.\8\ ADDITIONAL PROVISIONS.

        (a) Publication of IMF Operational Budgets.--The Secretary
    of the Treasury shall instruct the United States Executive
    Director at the International Monetary Fund to use the voice,
    vote, and influence of the United States to urge vigorously the
    International Monetary Fund to publish the operational budgets
    of the International Monetary Fund, on a quarterly basis, not
    later than one year after the end of the period covered by the
    budget.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 262o-2 note.
    ---------------------------------------------------------------------------
        (b) Report to the Congress Showing Costs of United States
    Participation in the International Monetary Fund.--The
    Secretary of the Treasury shall prepare and transmit to the
    Committees on Banking and Financial Services, on
    Appropriations, and on International Relations of the House of
    Representatives and the Committees on Banking, Housing, and
    Urban Affairs, on Foreign Relations, and on Appropriations of
    the Senate a quarterly report, which shall be made readily
    available to the public, on the costs or benefits of United
    States participation in the International Monetary Fund and
    which shall detail the costs and benefits to the United States,
    as well as valuation gains or losses on the United States
    reserve position in the International Monetary Fund.
        (c) Continuation of Forgoing of Reimbursement of IMF for
    Expenses of Administering ESAF.--The Secretary of the Treasury
    shall instruct the United States Executive Director at the
    International Monetary Fund to use the voice, vote, and
    influence of the United States to urge vigorously the
    International Monetary Fund to continue to forgo reimbursements
    of the expenses incurred by the International Monetary Fund in
    administering the Enhanced Structural Adjustment Facility,
    until the Heavily Indebted Poor Countries Initiative (as
    defined in section 1623 of the International Financial
    Institutions Act) is terminated.
        (d) No Gold Sales by International Monetary Fund Without
    Prior Authorization by the Congress.--(1) The first sentence of
    section 5 of the Bretton Woods Agreements Act (22 U.S.C. 286c)
    is amended in clause (g) by striking ``approve either the
    disposition of more than 25 million ounces of Fund gold for the
    benefit of the Trust Fund established by the Fund on May 6,
    1976, or the establishment of any additional trust fund whereby
    resources of the International Monetary Fund would be used for
    the special benefit of a single member, or of a particular
    segment of the membership, of the Fund.'' and inserting
    ``approve any disposition of Fund gold, unless the Secretary
    certifies to the Congress that such disposition is necessary
    for the Fund to restitute gold to its members, or for the Fund
    to provide liquidity that will enable the Fund to meet member
    country claims on the Fund or to meet threats to the systemic
    stability of the international financial system.''.
        (2) Not less than 30 days prior to the entrance by the
    United States into international negotiations for the purpose
    of reaching agreement on the disposition of Fund gold whereby
    resources of the Fund would be used for the special benefit of
    a single member, or of a particular segment of the membership
    of the Fund, the Secretary of the Treasury shall consult with
    the Committees on Banking and Financial Services, on
    Appropriations, and on International Relations of the House of
    Representatives and the Committees on Foreign Relations, on
    Appropriations, and on Banking, Housing and Urban Affairs of
    the Senate.
        (e) Annual Report by GAO on Consistency of IMF Practices
    With Statutory Policies.--The Comptroller General of the United
    States shall annually prepare and submit to the Congress of the
    United States a written report on the extent to which the
    practices of the International Monetary Fund are consistent
    with the policies of the United States, as expressly contained
    in Federal law applicable to the International Monetary Fund.

                          TITLE VI--SURVIVOR BENEFITS

    SEC. 601. PAYMENT.

        (a) Payment Authorization.--The Secretary of the Treasury
    shall pay, out of funds not otherwise appropriated, $100,000 to
    the survivor, or collectively the survivors, of each of the 14
    members of the Armed Forces and the one United States civilian
    Federal employee who were killed on April 14, 1994, when United
    States F-15 fighter aircraft mistakenly shot down two UH-60
    Black Hawk helicopters over Iraq.
        (b) Survivor Status.--
              (1) Members of the armed forces insured by sgli.--In
            the case of a member of the Armed Forces described in
            subsection (a) who was insured by a Servicemembers'
            Group Life Insurance policy (issued under chapter 19 of
            title 38, United States Code), a survivor of such
            member for the purposes of subsection (a) shall be any
            person designated as a beneficiary on the individual's
            policy.
              (2) Individuals not insured by sgl.--In the case of a
            member of the Armed Forces described in subsection (a)
            who was not insured by a Servicemembers' Group Life
            Insurance policy (issued under chapter 19 of title 38,
            United States Code) or the civilian Federal employee
            described in subsection (a), a survivor of such member
            or employee for the purposes of subsection (a) shall be
            any person determined to be a survivor by the Secretary
            of the Treasury using the provisions of section 5582(b)
            of title 5, United States Code.

    SEC. 602. LIMITATION ON TOTAL AMOUNT OF PAYMENT.

        Not more than a total of $1,500,000 may be paid to
    survivors under section 1.

    SEC. 603. LIMITATION ON ATTORNEY FEES.

        Notwithstanding any contract, no representative of a
    survivor may receive more than 10 percent of a payment made
    under section 1 for services rendered in connection with the
    survivor's claim for such payment. Any person who violates this
    section shall be guilty of an infraction and shall be subject
    to a fine in the amount provided in title 18, United States
    Code.

    SEC. 604. REPORT.

        Not later than 6 months after the date of the enactment of
    this Act, the Secretary of the Treasury shall transmit to the
    Congress a report describing the payments made under section 1.
              * * * * * * *
               g. 1999 Emergency Supplemental Appropriations Act

     Partial text of Public Law 106-31 [H.R. 1141], 113 Stat. 57, approved
    May 21, 1999; amended by Public Law 106-113 [Foreign Operations, Export
     Financing, and Related Programs Appropriations Act, 2000; H.R. 3422,
          enacted by reference in sec. 1000(a)(2) of the Consolidated
     Appropriations Act for Fiscal Year 2000; H.R. 3194], 113 Stat. 1501,
      approved November 29, 1999; and by Public Law 106-554 [Legislative
    Branch Appropriations Act, 2001; H.R. 5657, introduced on December 14,
    2000, as enacted in sec. 1(a)(2) of the Consolidated Appropriations Act
    for Fiscal Year 2001; H.R. 4577], 114 Stat. 2763, approved December 21,
                                      2000

    AN ACT Making emergency supplemental appropriations for the fiscal year
               ending September 30, 1999, 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, 1999, and for other purposes, namely:

                 TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS

              * * * * * * *

                                   CHAPTER 4

                         BILATERAL ECONOMIC ASSISTANCE

                      Funds Appropriated to the President

                      AGENCY FOR INTERNATIONAL DEVELOPMENT

              * * * * * * *

                  CENTRAL AMERICA AND THE CARIBBEAN EMERGENCY

                             DISASTER RECOVERY FUND

        Notwithstanding section 10 of Public Law 91-672, for
    necessary expenses to address the effects of hurricanes in
    Central America and the Caribbean and the earthquake in
    Colombia, $621,000,000, to remain available until September 30,
    2000: Provided, That the funds appropriated under this heading
    shall be subject to the provisions of chapter 4 of part II of
    the Foreign Assistance Act of 1961, as amended, and, except for
    section 558, the provisions of title V of the Foreign
    Operations, Export Financing, and Related Programs
    Appropriations Act, 1999 (as contained in division A, section
    101(d) of the Omnibus Consolidated and Emergency Supplemental
    Appropriations Act, 1999 (Public Law 105-277)): Provided
    further, That, notwithstanding any other proviso under this
    heading, up to $10,000,000 may be transferred to ``Export-
    Import Bank of the United States, Subsidy Appropriation'' for
    the cost of direct loans, loan guarantees, and insurance,
    subject to the terms and conditions applicable to funds made
    available under that heading in the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1999 (as
    contained in division A, section 101(d) of the Omnibus
    Consolidated and Emergency Supplemental Appropriations Act,
    1999 (Public Law 105-277)): Provided further, That up to
    $5,500,000 of the funds appropriated by this paragraph may be
    transferred to ``Operating Expenses of the Agency for
    International Development'', to remain available until
    September 30, 2000, to be used for administrative costs of
    USAID in addressing the effects of those hurricanes, of which
    up to $1,000,000 may be used to contract directly for the
    personal services of individuals in the United States: Provided
    further, That up to $1,500,000 of the funds appropriated by
    this paragraph may be transferred to ``Operating Expenses of
    the Agency for International Development Office of Inspector
    General'', to remain available until expended, to be used for
    costs of audits, inspections, and other activities associated
    with the expenditure of the funds appropriated by this
    paragraph: Provided further, That up to $500,000 of the funds
    appropriated by this paragraph shall be made available to the
    Comptroller General for purposes of monitoring the provision of
    assistance using funds appropriated by this paragraph: \1\
    Provided further, That funds appropriated under this heading
    shall be obligated and expended subject to the regular
    notification procedures of the Committees on Appropriations:
    Provided further, That of the funds made available under this
    heading, not less than $2,000,000 should be made available to
    support the clearance of landmines and other unexploded
    ordnance in Nicaragua and Honduras: Provided further, That the
    funds appropriated under this heading, and the supplemental
    funds appropriated in this Act that are in addition to the
    funds made available under title II of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1999
    (as contained in division A, section 101(d) of the Omnibus
    Consolidated and Emergency Supplemental Appropriations Act,
    1999 (Public Law 105-277)), shall be subject to the funding
    ceiling contained in section 580 of that Act, notwithstanding
    section 545 of that Act: Provided further, That funds
    appropriated under this heading may be charged to finance
    obligations for which appropriations available for other
    accounts under part I of the Foreign Assistance Act of 1961, as
    amended, were charged after April 30, 1999, to finance
    obligations to address the effects of the hurricanes in Central
    America and the Caribbean and the earthquake in Colombia:
    Provided further, That the provisions of section 110 of the
    Foreign Assistance Act of 1961, as amended, shall not be
    applicable to any assistance furnished to address the effects
    of the hurricanes in Central America and the Caribbean and the
    earthquake in Colombia: Provided further, That none of the
    funds appropriated under this heading may be made available for
    nonproject assistance: Provided further, That the entire amount
    shall be available only to the extent an official budget
    request for a specific dollar amount that includes designation
    of the entire amount of the request as an emergency requirement
    as defined in the Balanced Budget and Emergency Deficit Control
    Act of 1985, as amended, is transmitted by the President to the
    Congress.
    ---------------------------------------------------------------------------
        \1\ Sec. 593 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on
    October 24, 2000, enacted by reference in sec. 101(a) of Public Law
    106-429; 114 Stat. 1900), provided the following:
    ---------------------------------------------------------------------------

                         ``EXTENSION OF GAO AUTHORITIES
    ---------------------------------------------------------------------------
        ``Sec. 593. The funds made available to the Comptroller General
    pursuant to Title I, Chapter 4 of Public Law 106-31 shall remain
    available until expended.''.

               *       *       *       *       *       *       *

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

    TITLE III--SUPPLEMENTAL APPROPRIATIONS

               *       *       *       *       *       *       *

                                   CHAPTER 6

    CONGRESSIONAL OPERATIONS

               *       *       *       *       *       *       *

    ADMINISTRATIVE PROVISIONS--THIS CHAPTER

               *       *       *       *       *       *       *

        Sec. 3011.\2\ Russian Leadership Program.--(a) Purpose.--It
    is the purpose of this section to establish, in accordance with
    the provisions of this section--
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2452a note. See also sec. 313 of the Legislative
    Branch Appropriations Act, 2001 (H.R. 5657, introduced on December 14,
    2000, as enacted in sec. 1(a)(2) of Public Law 106-554; 114 Stat.
    2763), which establishes a Russian Leadership Program in the
    legislative branch. For text, see Legislation on Foreign Relations
    Through 2000, vol. II.
    ---------------------------------------------------------------------------
              (1) a pilot program within the Library of Congress
            for fiscal years 2000 and 2001; \3\ and
    ---------------------------------------------------------------------------
        \3\ Sec. 585(1) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by
    reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535),
    struck out ``fiscal year 1999'' and inserted in lieu thereof ``fiscal
    years 1999 and 2000'' in subsecs. (a)(1), (b)(4)(B), (d)(3), and
    (h)(1)(A). Sec. 310(1) of the Legislative Branch Appropriations Act,
    2001 (H.R. 5657, introduced on December 14, 2000, as enacted in sec.
    1(a)(2) of Public Law 106-554; 114 Stat. 2763), struck out ``fiscal
    years 1999 and 2000'' and inserted in lieu thereof ``fiscal years 2000
    and 2001'' in the same subsections.
    ---------------------------------------------------------------------------
              (2) a permanent program within the Executive agency
            designated by the President of the United States for
            fiscal years 2002 \4\ and thereafter,
    ---------------------------------------------------------------------------
        \4\ Sec. 585(2) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by
    reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535),
    struck out ``2000'' and inserted in lieu thereof ``2001'' in subsecs.
    (a)(2), (e)(1), and (h)(1)(B). Sec. 310(2) of the Legislative Branch
    Appropriations Act, 2001 (H.R. 5657, introduced on December 14, 2000,
    as enacted in sec. 1(a)(2) of Public Law 106-554; 114 Stat. 2763),
    struck out ``2001'' and inserted in lieu thereof ``2002'' in the same
    subsections.
    ---------------------------------------------------------------------------
    to enable emerging political leaders of Russia at all levels of
    government to gain significant, firsthand exposure to the
    American free market economic system and the operation of
    American democratic institutions through visits to governments
    and communities at comparable levels in the United States.
        (b) Grants.--
              (1) In general.--The head of the administering agency
            shall annually award grants to government or community
            organizations in the United States that seek to
            establish programs under which those organizations will
            host eligible Russians for the purpose described in
            subsection (a).
              (2) Duration.--The period of stay in the United
            States for any eligible Russian supported with grant
            funds under this section shall not exceed 30 days.
              (3) Limitation.--The number of eligible Russians
            supported with grant funds under this section shall not
            exceed 3,000 in any fiscal year.
              (4) Administration.--
                      (A) In general.--Subject to the availability
                    of appropriations, the head of the
                    administering agency--
                              (i) may contract with nongovernmental
                            organizations having expertise in
                            carrying out the activities described
                            in subsection (a) for the purpose of
                            carrying out the administrative
                            functions of the program (other than
                            the awarding of grants); and
                              (ii) may, without regard to the civil
                            service laws and regulations (or, in
                            the case of the Librarian of Congress,
                            any requirement for competition in
                            hiring), appoint and terminate an
                            executive director and such other
                            additional personnel as may be
                            necessary to enable the administering
                            agency to perform its duties under this
                            section.
                      (B) Waiver of competitive bidding.--The
                    Librarian of Congress, after consultation with
                    the Joint Committee on the Library of Congress,
                    may enter into contracts under subparagraph
                    (A)(i) to carry out the pilot program during
                    fiscal years 2000 and 2001 \3\ without regard
                    to section 3709 of the Revised Statutes or any
                    other requirement for competitive contracting
                    or the providing of notice of contracting
                    opportunities.
        (c) Use of Funds.--Grants awarded under subsection (b)
    shall be used to pay--
              (1) the costs and expenses incurred by each program
            participant in traveling between Russia and the United
            States and in traveling within the United States;
              (2) the costs of providing lodging in the United
            States to each program participant, whether in public
            accommodations or in private homes; and
              (3) such additional administrative expenses incurred
            by organizations in carrying out the program as the
            head of the administering agency may prescribe.
        (d) Application.--
              (1) In General.--Each organization in the United
            States desiring a grant under this section shall submit
            an application to the head of the administering agency
            at such time, in such manner, and accompanied by such
            information as such head may reasonably require.
              (2) Contents.--Each application submitted pursuant to
            paragraph (1) shall--
                      (A) describe the activities for which
                    assistance under this section is sought;
                      (B) include the number of program
                    participants to be supported;
                      (C) describe the qualifications of the
                    individuals who will be participating in the
                    program; and
                      (D) provide such additional assurances as the
                    head of the administering agency determines to
                    be essential to ensure compliance with the
                    requirements of this section.
              (3) Waiver.--The Librarian of Congress may waive the
            requirement of this subsection in carrying out the
            pilot program during fiscal years 2000 and 2001.\3\
        (e) Advisory Board.--
              (1) In general.--There is established a Russian
            Leadership Program Advisory Board which shall advise
            the head of the administering agency as to the carrying
            out of the permanent program during fiscal years 2002
            \4\ and thereafter.
              (2) Membership.--The Advisory Board under paragraph
            (1) shall consist of--
                      (A) two members appointed by the Speaker of
                    the House of Representatives, of whom one shall
                    be designated by the Majority Leader of the
                    House of Representatives and one shall be
                    designated by the Minority Leader of the House
                    of Representatives;
                      (B) two members appointed by the President
                    pro tempore of the Senate, of whom one shall be
                    designated by the Majority Leader of the Senate
                    and one shall be designated by the Minority
                    Leader of the Senate;
                      (C) the Librarian of Congress;
                      (D) a private individual with expertise in
                    international exchange programs, designated by
                    the Librarian of Congress; and
                      (E) an officer or employee of the
                    administering agency, designated by the head of
                    the administering agency.
              (3) Terms.--Each member appointed under paragraph (2)
            shall serve for a term of 3 years. Any vacancy shall be
            filled in the same manner as the original appointment
            and the individual so appointed shall serve for the
            remainder of the term.
        (f) Reporting.--The head of the administering agency shall,
    not later than 3 months following the close of each fiscal year
    for which such agency administered the program, report to
    Congress with respect to the conduct of such program during
    such fiscal year. Such report shall include information with
    respect to the number of participants in the program and the
    cost of the program, and any recommendations on improvements
    necessary to enable the program to carry out the purposes of
    this section.
        (g) Funding.--
              (1) Fiscal year 1999.--
                      (A) In general.--Of funds made available
                    under the heading ``SENATE'' under title I of
                    the Legislative Appropriations Act, 1999
                    (Public Law 105-275; 112 Stat. 2430 et seq.),
                    $10,000,000 shall be made available, subject to
                    the approval of the Committee on Appropriations
                    of the Senate, to the administering agency to
                    carry out the program.
                      (B) Use of funds at close of fiscal year.--
                    Funds made available under this paragraph which
                    are unexpended and unobligated as of the close
                    of fiscal year 1999 shall no longer be
                    available for such purpose and shall be
                    available for the purpose originally
                    appropriated.
              (2) \5\ Fiscal year 2000 and subsequent fiscal
            years.--
    ---------------------------------------------------------------------------
        \5\ Title II of the Legislative Branch Appropriations Act, 2001
    ((H.R. 5657, introduced on December 14, 2000, as enacted in sec.
    1(a)(2) of Public Law 106-554; 114 Stat. 2763), provided: ``That of the
    total amount appropriated, $10,000,000 is to remain available until
    expended for salaries and expenses to carry out the Russian Leadership
    Program enacted on May 21, 1999 (113 Stat. 93 et seq.)''.
    ---------------------------------------------------------------------------
                      (A) Authorization of appropriations.--There
                    are authorized to be appropriated to the
                    administering agency for fiscal years 2000 and
                    thereafter such sums as may be necessary to
                    carry out the program.
                      (B) Availability of funds.--Amounts
                    appropriated pursuant to subparagraph (A) are
                    authorized to remain available until expended.
        (h) Definitions.--In this section:
              (1) Administering agency.--The term ``administering
            agency'' means--
                      (A) for fiscal years 2000 and 2001,\3\ the
                    Library of Congress; and
                      (B) for fiscal year 2002,\4\ and subsequent
                    fiscal years, the Executive agency designated
                    by the President of the United States under
                    subsection (a)(2).
              (2) Eligible russian.--The term ``eligible Russian''
            means a Russian national who is an emerging political
            leader at any level of government.
              (3) Program.--The term ``program'' means the grant
            program established under this section.
              (4) Program participant.--The term ``program
            participant'' means an eligible Russian selected for
            participation in the program.

               *       *       *       *       *       *       *

        This Act may be cited as the ``1999 Emergency Supplemental
    Appropriations Act''.

         h. Foreign Operations, Export Financing, and Related Programs
                            Appropriations Act, 1999

      Section 101(d) of Division A of Public Law 105-277 [H.R. 4328], 112
     Stat. 2681, approved October 21, 1998; amended by Public Law 106-200
    [Trade and Development Act of 2000; H.R. 434], 114 Stat. 251, approved
                                  May 18, 2000

    AN ACT Making appropriations for foreign operations, export financing,
    and related programs for the fiscal year ending September 30, 1999, and
                              for other purposes.

              Note.--Fiscal year 1998 appropriations were continued
            into fiscal year 1999 in Public Law 105-240 (112 Stat.
            1566; approved September 25, 1998), as amended, pending
            final passage of several annual appropriations bills
            including foreign assistance appropriations.
              Several programs for which this law provides
            appropriations are funded for multiple years. For full
            text of the foreign assistance appropriations for
            fiscal year 1999, see Legislation on Foreign Relations
            Through 1998, vol. I-A.

        (d) For programs, projects or activities in the Foreign
    Operations, Export Financing, and Related Programs
    Appropriations Act, 1999, provided as follows, to be effective
    as if it had been enacted into law as the regular
    appropriations Act:

    AN ACT Making appropriations for foreign operations, export financing,
    and related programs for the fiscal year ending September 30, 1999, and
                              for other purposes.

              * * * * * * *

                          TITLE V--GENERAL PROVISIONS

              * * * * * * *

                        NATIONAL COMMISSION ON TERRORISM

        Sec. 591.\1\ (a) Establishment of National Commission on
    Terrorism.--
    ---------------------------------------------------------------------------
        \1\ Title III, chapter 3 of Public Law 106-31 (113 Stat. 87)
    provided the following:
    ---------------------------------------------------------------------------

                             ``DEPARTMENT OF STATE

                       ``National Commission on Terrorism
    ---------------------------------------------------------------------------
        ``For necessary expenses for the National Commission on Terrorism,
    as authorized by section 591 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1999 (as contained
    in division A, section 101(d) of the Omnibus Consolidated and Emergency
    Supplemental Appropriations Act, 1999 (Public Law 105-277)), $839,500,
    to remain available until expended.''.
    ---------------------------------------------------------------------------
              (1) Establishment.--There is established a national
            commission on terrorism to review counter-terrorism
            policies regarding the prevention and punishment of
            international acts of terrorism directed at the United
            States. The commission shall be known as ``The National
            Commission on Terrorism''.
              (2) Composition.--The commission shall be composed of
            10 members appointed as follows:
                      (A) Three members shall be appointed by the
                    Majority Leader of the Senate.
                      (B) Three members shall be appointed by the
                    Speaker of the House of Representatives.
                      (C) Two members shall be appointed by the
                    Minority Leader of the Senate.
                      (D) Two members shall be appointed by the
                    Minority Leader of the House of
                    Representatives.
                      (E) The appointments of the members of the
                    commission should be made no later than 3
                    months after the date of the enactment of this
                    Act.
              (3) Qualifications.--The members should have a
            knowledge and expertise in matters to be studied by the
            commission.
              (4) Chair.--The Speaker of the House of
            Representatives, after consultation with the majority
            leader of the Senate and the minority leaders of the
            House of Representatives and the Senate, shall
            designate one of the members of the Commission to serve
            as chair of the Commission.
              (5) Period of appointment: vacancies.--Members shall
            be appointed for the life of the Commission. Any
            vacancy in the Commission shall be filled in the same
            manner as the original appointment.
              (6) Security clearances.--All Members of the
            Commission should hold appropriate security clearances.
        (b) Duties.--
              (1) In general.--The commission shall consider issues
            relating to international terrorism directed at the
            United States as follows:
                      (A) Review the laws, regulations, policies,
                    directives, and practices relating to
                    counterterrorism in the prevention and
                    punishment of international terrorism directed
                    towards the United States.
                      (B) Assess the extent to which laws,
                    regulations, policies, directives, and
                    practices relating to counterterrorism have
                    been effective in preventing or punishing
                    international terrorism directed towards the
                    United States. At a minimum, the assessment
                    should include a review of the following:
                              (i) Evidence that terrorist
                            organizations have established an
                            infrastructure in the western
                            hemisphere for the support and conduct
                            of terrorist activities.
                              (ii) Executive branch efforts to
                            coordinate counterterrorism activities
                            among Federal, State, and local
                            agencies and with other nations to
                            determine the effectiveness of such
                            coordination efforts.
                              (iii) Executive branch efforts to
                            prevent the use of nuclear, biological,
                            and chemical weapons by terrorists.
                      (C) Recommend changes to counterterrorism
                    policy in preventing and punishing
                    international terrorism directed toward the
                    United States.
              (2) Report.--Not later than 6 months after the date
            on which the Commission first meets, the Commission
            shall submit to the President and the Congress a final
            report of the findings and conclusions of the
            commission, together with any recommendations.
        (c) Administrative Matters.--
              (1) Meetings.--
                      (A) The commission shall hold its first
                    meeting on a date designated by the Speaker of
                    the House which is not later than 30 days after
                    the date on which all members have been
                    appointed.
                      (B) After the first meeting, the commission
                    shall meet upon the call of the chair.
                      (C) A majority of the members of the
                    commission shall constitute a quorum, but a
                    lesser number may hold meetings.
              (2) Authority of individuals to act for commission.--
            Any member or agent of the commission may, if
            authorized by the commission, take any action which the
            commission is authorized to take under this section.
              (3) Powers.--
                      (A) The commission may hold such hearings,
                    sit and act at such times and places, take such
                    testimony, and receive such evidence as the
                    commission considers advisable to carry out its
                    duties.
                      (B) The commission may secure directly from
                    any agency of the Federal Government such
                    information as the commission considers
                    necessary to carry out its duties. Upon the
                    request of the chair of the commission, the
                    head of a department or agency shall furnish
                    the requested information expeditiously to the
                    commission.
                      (C) The commission may use the United States
                    mails in the same manner and under the same
                    conditions as other departments and agencies of
                    the Federal Government.
              (4) Pay and expenses of commission members.--
                      (A) Subject to appropriations, each member of
                    the commission who is not an employee of the
                    government shall be paid at a rate not to
                    exceed 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 performing the duties of the
                    commission.
                      (B) Members and personnel for the commission
                    may travel on aircraft, vehicles, or other
                    conveyances of the Armed Forces of the United
                    States when travel is necessary in the
                    performance of a duty of the commission except
                    when the cost of commercial transportation is
                    less expensive.
                      (C) The members of the commission may 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.
                      (D)(i) A member of the commission who is an
                    annuitant otherwise covered by section 8344 or
                    8468 of title 5, United States Code, by reason
                    of membership on the commission shall not be
                    subject to the provisions of such section with
                    respect to membership on the commission.
                      (ii) A member of the commission who is a
                    member or former member of a uniformed service
                    shall not be subject to the provisions of
                    subsections (b) and (c) of section 5532 of such
                    title with respect to membership on the
                    commission.
              (5) Staff and administrative support.--
                      (A) The chairman of the commission may,
                    without regard to civil service laws and
                    regulations, appoint and terminate an executive
                    director and up to three additional staff
                    members as necessary to enable the commission
                    to perform its duties. The chairman of the
                    commission may fix the compensation of the
                    executive director and other personnel 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,
                    except that the rate of pay may not exceed the
                    maximum rate of pay for GS-15 under the General
                    Schedule.
                      (B) Upon the request of the chairman of the
                    commission, the head of any department or
                    agency of the Federal Government may detail,
                    without reimbursement, any personnel of the
                    department or agency to the commission to
                    assist in carrying out its duties. The detail
                    of an employee shall be without interruption or
                    loss of civil service status or privilege.
        (d) Termination of Commission.--The commission shall
    terminate 30 days after the date on which the commission
    submits a final report.
        (e) Funding.--There are authorized to be appropriated such
    sums as may be necessary to carry out the provisions of this
    section.
              * * * * * * *

             TITLE VI--INTERNATIONAL FINANCIAL PROGRAMS AND REFORM

              * * * * * * *

                              ADVISORY COMMISSION

        Sec. 603.\2\ (a) In General.--The Secretary of the Treasury
    shall establish an International Financial Institution Advisory
    Commission (in this section referred to as the ``Commission'').
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 262r note.
    ---------------------------------------------------------------------------
        (b) Membership.--
              (1) In general.--The Commission shall be composed of
            11 members, as follows:
                      (A) 3 members appointed by the Speaker of the
                    House of Representatives.
                      (B) 3 members appointed by the Majority
                    Leader of the Senate.
                      (C) 5 members appointed jointly by the
                    Minority Leader of the House of Representatives
                    and the Minority Leader of the Senate.
              (2) Timing of appointments.--All appointments to the
            Commission shall be made not later than 45 days after
            the date of enactment of this Act.
              (3) Chairman.--The Majority Leader of the Senate,
            after consultation with the Speaker of the House of
            Representatives and the Minority Leaders of the House
            of Representatives and the Senate, shall designate 1 of
            the members of the Commission to serve as Chairman of
            the Commission.
        (c) Qualifications.--
              (1) Expertise.--Members of the Commission shall be
            appointed from among those with knowledge and expertise
            in the workings of the international financial
            institutions (as defined in section 1701(c)(2) of the
            International Financial Institutions Act), the World
            Trade Organization, and the Bank for International
            Settlements.
              (2) Former affiliation.--At least 4 members of the
            Commission shall be individuals who were officers or
            employees of the Executive Branch before January 20,
            1992, and not more than half of such 4 members shall
            have served under Presidents from the same political
            party.
        (d) Period of Appointment; Vacancies.--Members shall be
    appointed for the life of the Commission. Any vacancy in the
    Commission shall be filled in the same manner as the original
    appointment was made.
        (e) Duties of the Commission.--The Commission shall advise
    and report to the Congress on the future role and
    responsibilities of the international financial institutions
    (as defined in section 1701(c)(2) of the International
    Financial Institutions Act), the World Trade Organization, and
    the Bank for International Settlements. In carrying out such
    duties, the Commission shall meet with and advise the Secretary
    of the Treasury or the Deputy Secretary of the Treasury, and
    shall examine--
              (1) the effect of globalization, increased trade,
            capital flows, and other relevant factors on such
            institutions;
              (2) the adequacy, efficacy, and desirability of
            current policies and programs at such institutions as
            well as their suitability for respective beneficiaries
            of such institutions;
              (3) cooperation or duplication of functions and
            responsibilities of such institutions; and
              (4) other matters the Commission deems necessary to
            make recommendations pursuant to subsection (g).
        (f) Powers and Procedures of the Commission.--
              (1) Hearings.--The Commission or, at its direction,
            any panel or member of the Commission may, for the
            purpose of carrying out the provisions of this section,
            hold hearings, sit and act at times and places, take
            testimony, receive evidence, and administer oaths to
            the extent that the Commission or any panel or member
            considers advisable.
              (2) Information.--The Commission may secure directly
            information that the Commission considers necessary to
            enable the Commission to carry out its responsibilities
            under this section.
              (3) Meetings.--The Commission shall meet at the call
            of the Chairman.
        (g) Report.--On the termination of the Commission, the
    Commission shall submit to the Secretary of the Treasury and
    the appropriate committees a report that contains
    recommendations regarding the following matters:
              (1) Changes to policy goals set forth in the Bretton
            Woods Agreements Act and the International Financial
            Institutions Act.
              (2) Changes to the charters, organizational
            structures, policies and programs of the international
            financial institutions (as defined in section
            1701(c)(2) of the International Financial Institutions
            Act).
              (3) Additional monitoring tools, global standards, or
            regulations for, among other things, global capital
            flows, bankruptcy standards, accounting standards,
            payment systems, and safety and soundness principles
            for financial institutions.
              (4) Possible mergers or abolition of the
            international financial institutions (as defined in
            section 1701(c)(2) of the International Financial
            Institutions Act), including changes to the manner in
            which such institutions coordinate their policy and
            program implementation and their roles and
            responsibilities.
              (5) Any additional changes necessary to stabilize
            currencies, promote continued trade liberalization and
            to avoid future financial crises.
        (h) Termination.--The Commission shall terminate 6 months
    after the first meeting of the Commission, which shall be not
    later than 30 days after the appointment of all members of the
    Commission.
        (i) Reports by the Executive Branch.--
              (1) Within three months after receiving the report of
            the Commission under subsection (g), the President of
            the United States through the Secretary of the Treasury
            shall report to the appropriate committees on the
            desirability and feasibility of implementing the
            recommendations contained in the report.
              (2) Annually, for three years after the termination
            of the Commission, the President of the United States
            through the Secretary of the Treasury shall submit to
            the appropriate committees a report on the steps taken,
            if any, through relevant international institutions and
            international fora to implement such recommendations as
            are deemed feasible and desirable under paragraph (1).
              * * * * * * *

    progress reports to congress on united states initiatives to update the
               architecture of the international monetary system

        Sec. 606.\3\ Not later than July 15, 1999, and July 15,
    2000, the Secretary of the Treasury shall report to the
    Chairmen and Ranking Members of the appropriate committees on
    the progress of efforts to reform the architecture of the
    international monetary system. The reports shall include a
    discussion of the substance of the United States position in
    consultations with other governments and the degree of progress
    in achieving international acceptance and implementation of
    such position with respect to the following issues:
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 262r note.
    ---------------------------------------------------------------------------
              (1) Adapting the mission and capabilities of the
            International Monetary Fund to take better account of
            the increased importance of cross-border capital flows
            in the world economy and improving the coordination of
            its responsibilities and activities with those of the
            International Bank for Reconstruction and Development.
              (2) Advancing measures to prevent, and improve the
            management of, international financial crises,
            including by--
                      (A) integrating aspects of national
                    bankruptcy principles into the management of
                    international financial crises where feasible;
                    and
                      (B) changing investor expectations about
                    official rescues, thereby reducing moral hazard
                    and systemic risk in international financial
                    markets,
            in order to help minimize the adjustment costs that the
            resolution of financial crises may impose on the real
            economy, in the form of disrupted patterns of trade,
            employment, and progress in living standards, and
            reduce the frequency and magnitude of claims on United
            States taxpayer resources.
              (3) Improving international economic policy
            cooperation, including among the Group of Seven
            countries, to take better account of the importance of
            cross-border capital flows in the determination of
            exchange rate relationships.
              (4) Improving international cooperation in the
            supervision and regulation of financial institutions
            and markets.
              (5) Strengthening the financial sector in emerging
            economies, including by improving the coordination of
            financial sector liberalization with the establishment
            of strong public and private institutions in the areas
            of prudential supervision, accounting and disclosure
            conventions, bankruptcy laws and administrative
            procedures, and the collection and dissemination of
            economic and financial statistics, including the
            maturity structure of foreign indebtedness.
              (6) Advocating that implementation of European
            Economic and Monetary Union and the advent of the
            European Currency Unit, or euro, proceed in a manner
            that is consistent with strong global economic growth
            and stability in world financial markets.

                                   DEFINITION

        Sec. 607.\4\ For purposes of sections 601 through 606 of
    this title, the term ``appropriate committees'' means the
    Committees on Appropriations, Foreign Relations, Finance,\5\
    and Banking, Housing, and Urban Affairs of the Senate and the
    Committees on Appropriations and, Ways and Means,\5\ Banking
    and Financial Services of the House of Representatives.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 262r note.
        \5\ Sec. 404(a) of the Trade and Development Act of 2000 (Public
    Law 106-200; 114 Stat. 291) inserted ``Finance,'' after ``Foreign
    Relations,'' and ``, Ways and Means,'' before ``and Banking and
    Financial Services''.
    ---------------------------------------------------------------------------
              * * * * * * *
        This Act may be cited as the ``Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1999''.
         i. Foreign Operations, Export Financing, and Related Programs
                            Appropriations Act, 1997

    Partial text of Public Law 104-208 [Omnibus Consolidated Appropriations
    Act, 1997; H.R. 3610], 110 Stat. 3009, approved September 30, 1996; as
     amended by Public Law 105-118 [Foreign Operations, Export Financing,
     and Related Programs Appropriations Act, 1998; H.R. 2159], 111 Stat.
    2386, approved November 26, 1997; Public Law 105-174 [1998 Supplemental
    Appropriations and Rescissions Act; H.R. 3579], 112 Stat. 58, approved
    May 1, 1998; and by Public Law 105-277 [Foreign Relations Authorization
       Act, Fiscal Years 1998 and 1999 (division G, subdivision B); H.R.
                4328], 112 Stat. 2681, approved October 21, 1998

              * * * * * * *
        Sec. 101. * * *
        (c) For programs, projects or activities in the Foreign
    Operations, Export Financing, and Related Programs
    Appropriations Act, 1997, provided as follows, to be effective
    as if it had been enacted into law as the regular
    appropriations Act:

        AN ACT Making appropriations for the foreign operations, export
     financing, and related programs for the fiscal year ending September
                        30, 1997, and for other purposes

              * * * * * * *

                          TITLE V--GENERAL PROVISIONS

              * * * * * * *

        RESTRICTIONS ON THE TERMINATION OF SANCTIONS AGAINST SERBIA AND
                                   MONTENEGRO

        Sec. 540.\1\ (a) Restrictions.--Notwithstanding any other
    provision of law, no sanction, prohibition, or requirement
    described in section 1511 of the National Defense Authorization
    Act for Fiscal Year 1994 (Public Law 103-160),\2\ with respect
    to Serbia or Montenegro, may cease to be effective, unless--
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 1701 note.
        \2\ For text, see Legislation on Foreign Relations Through 2000,
    vol. I-B.
    ---------------------------------------------------------------------------
              (1) the President first submits to the Congress a
            certification described in subsection (b); and
              (2) the requirements of section 1511 of that Act are
            met.
        (b) Certification.--A certification described in this
    subsection is a certification that--
              (1) there is substantial progress toward--
                      (A) the realization of a separate identity
                    for Kosova and the rights of the people of
                    Kosova to govern themselves; or
                      (B) the creation of an international
                    protectorate for Kosova;
              (2) there is substantial improvement in the human
            rights situation in Kosova; and
              (3) international human rights observers are allowed
            to return to Kosova; and
              (4) the elected government of Kosova is permitted to
            meet and carry out its legitimate mandate as elected
            representatives of the people of Kosova.
        (c) \3\ Waiver Authority.--The President may waive the
    application in whole or in part, of subsection (a) if the
    President certifies to the Congress that the President has
    determined that the waiver is necessary to meet emergency
    humanitarian needs or to achieve a negotiated settlement of the
    conflict in Bosnia and Herzegovina that is acceptable to the
    parties.
    ---------------------------------------------------------------------------
        \3\ On May 30, 1997, the President ``determined that the waiver of
    the application of the prohibition in section 1511(b) of Public Law
    103-160 and of the application of section 540(a) of the [Foreign
    Operations, Export Financing, and Related Programs Appropriations] Act
    is necessary to achieve a negotiated settlement of the conflict in
    Bosnia and Herzegovina that is acceptable to the parties, to the extent
    that such provisions apply to the furnishing of assistance to
    facilitate destruction of military equipment. Therefore I hereby waive
    the application of these provisions with respect to such assistance.''
    (Presidential Determination No. 97-26; 62 F.R. 32015).
        See also sec. 1511 of Public Law 103-160, and notes, in Legislation
    on Foreign Relations Through 2000, vol. I-B.
    ---------------------------------------------------------------------------
              * * * * * * *

                              POLICY TOWARD BURMA

        Sec. 570.\4\ (a) Until such time as the President
    determines and certifies to Congress that Burma has made
    measurable and substantial progress in improving human rights
    practices and implementing democratic government, the following
    sanctions shall be imposed on Burma:
    ---------------------------------------------------------------------------
        \4\ See related sanctions materials in Legislation on Foreign
    Relations Through 2000, vol. III.
    ---------------------------------------------------------------------------
              (1) Bilateral assistance.--There shall be no United
            States assistance to the Government of Burma, other
            than:
                      (A) humanitarian assistance,
                      (B) subject to the regular notification
                    procedures of the Committees on Appropriations,
                    counter-narcotics assistance under chapter 8 of
                    part I of the Foreign Assistance Act of 1961,
                    or crop substitution assistance, if the
                    Secretary of State certifies to the appropriate
                    congressional committees that--
                              (i) the Government of Burma is fully
                            cooperating with United States counter-
                            narcotics efforts, and
                              (ii) the programs are fully
                            consistent with United States human
                            rights concerns in Burma and serve the
                            United States national interest, and
                      (C) assistance promoting human rights and
                    democratic values.
              (2) Multilateral assistance.--The Secretary of the
            Treasury shall instruct the United States executive
            director of each international financial institution to
            vote against any loan or other utilization of funds of
            the respective bank to or for Burma.
              (3) Visas.--Except as required by treaty obligations
            or to staff the Burmese mission to the United States,
            the United States should not grant entry visas to any
            Burmese government official.
        (b) \5\ Conditional Sanctions.--The President is hereby
    authorized to prohibit, and shall prohibit United States
    persons from new investment in Burma, if the President
    determines and certifies to Congress that, after the date of
    enactment of this Act, the Government of Burma has physically
    harmed, rearrested for political acts, or exiled Daw Aung San
    Suu Kyi or has committed large-scale repression of or violence
    against the Democratic opposition.
    ---------------------------------------------------------------------------
        \5\ On May 20, 1997, the President issued Executive Order 13047 (62
    F.R. 28301) in which he determined and certified that ``the Government
    of Burma has committed large-scale repression of the democratic
    opposition in Burma after September 30, 1996, and...the actions and
    policies of the Government of Burma constitute an unusual and
    extraordinary threat to the national security and foreign policy of the
    United States''. The President declared a national emergency to deal
    with that threat, and prohibited U.S. persons from engaging in certain
    transactions and investments in Burma. For text of Executive Order
    13047, see Legislation on Foreign Relations Through 2000, vol. III.
        Any national emergency declared pursuant to the President's
    authority stated in the International Emergency Economic Powers Act
    requires annual renewal to remain in force. Executive Order 13047 was
    renewed in the President's (unnumbered) Notice of May 18, 1998 (63 F.R.
    27661); in a Notice of May 18, 1999 (64 F.R. 27443); and in a Notice of
    May 18, 2000 (65 F.R. 32005).
    ---------------------------------------------------------------------------
        (c) Multilateral Strategy.--The President shall seek to
    develop, in coordination with members of ASEAN and other
    countries having major trading and investment interests in
    Burma, a comprehensive, multilateral strategy to bring
    democracy to and improve human rights practices and the quality
    of life in Burma, including the development of a dialogue
    between the State Law and Order Restoration Council (SLORC) and
    democratic opposition groups within Burma.
        (d) \6\ Presidential Reports.--Every six months following
    the enactment of this Act, the President shall report to the
    Chairmen of the Committee on Foreign Relations, the Committee
    on International Relations and the House and Senate
    Appropriations Committees on the following:
    ---------------------------------------------------------------------------
        \6\ The President filed a report pursuant to this section with
    Presidential Determination No. 97-29 of June 13, 1997 (62 F.R. 34157);
    Presidential Determination No. 98-6 of December 2, 1997 (62 F.R.
    65005); Presidential Determination No. 98-30 of June 15, 1998 (63 F.R.
    34255); an unnumbered memorandum for the Secretary of State of October
    27, 1998 (63 F.R. 63123); a memorandum of October 27, 1999 (64 F.R.
    60647); a memorandum of April 19, 2000 (65 F.R. 24851); a memorandum of
    October 31, 2000 (65 F.R. 66599); and a memorandum of April 12, 2001
    (66 F.R. 20725).
    ---------------------------------------------------------------------------
              (1) progress toward democratization in Burma;
              (2) progress on improving the quality of life of the
            Burmese people, including progress on market reforms,
            living standards, labor standards, use of forced labor
            in the tourism industry, and environmental quality; and
              (3) progress made in developing the strategy referred
            to in subsection (c).
        (e) Waiver Authority.--The President shall have the
    authority to waive, temporarily or permanently, any sanction
    referred to in subsection (a) or subsection (b) if he
    determines and certifies to Congress that the application of
    such sanction would be contrary to the national security
    interests of the United States.
        (f) Definitions.--
              (1) The term ``international financial institutions''
            shall include the International Bank for Reconstruction
            and Development, the International Development
            Association, the International Finance Corporation, the
            Multilateral Investment Guarantee Agency, the Asian
            Development Bank, and the International Monetary Fund.
              (2) The term ``new investment'' shall mean any of the
            following activities if such an activity is undertaken
            pursuant to an agreement, or pursuant to the exercise
            of rights under such an agreement, that is entered into
            with the Government of Burma or a nongovernmental
            entity in Burma, on or after the date of the
            certification under subsection (b):
                      (A) the entry into a contract that includes
                    the economical development of resources located
                    in Burma, or the entry into a contract
                    providing for the general supervision and
                    guarantee of another person's performance of
                    such a contract;
                      (B) the purchase of a share of ownership,
                    including an equity interest, in that
                    development;
                      (C) the entry into a contract providing for
                    the participation in royalties, earnings, or
                    profits in that development, without regard to
                    the form of the participation:

            Provided, That the term ``new investment'' does not
            include the entry into, performance of, or financing of
            a contract to sell or purchase goods, services, or
            technology.
              * * * * * * *

                            TRANSPARENCY OF BUDGETS

        Sec. 576.\7\ (a) Limitation.--Beginning three years after
    the date of the enactment of this Act, the Secretary of the
    Treasury shall instruct the United States Executive Director of
    each international financial institution to use the voice and
    vote of the United States to oppose any loan or other
    utilization of the funds of their respective institution, other
    than to address basic human needs, for the government of any
    country which the Secretary of the Treasury determines--
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 262k-1.
    ---------------------------------------------------------------------------
              (1) \8\ does not have in place a functioning system
            for reporting to civilian authorities audits of
            receipts and expenditures that fund activities of the
            armed forces and security forces;
    ---------------------------------------------------------------------------
        \8\ Sec. 572(a) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
    Stat. 2430), amended and restated subsec. (a)(1). It formerly read as
    follows:
        ``(1) does not have in place a functioning system for a civilian
    audit of all receipts and expenditures that fund activities of the
    armed forces and security forces;''.
    ---------------------------------------------------------------------------
              (2) \9\ has not provided to the institution
            information about the audit process requested by the
            institution.
    ---------------------------------------------------------------------------
        \9\ Sec. 572(b) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
    Stat. 2430), amended and restated subsec. (a)(2). It formerly read as
    follows:
        ``(2) has not provided a summary of a current audit to the
    institution.''.
    ---------------------------------------------------------------------------
        (b) Definition.--For purposes of this section, the term
    ``international financial institution'' shall include the
    institutions identified in section 532(b) of this Act.
              * * * * * * *

                           FEMALE GENITAL MUTILATION

        Sec. 579.\10\ (a) Limitation.--Beginning 1 year after the
    date of the enactment of this Act, the Secretary of the
    Treasury shall instruct the United States Executive Director of
    each international financial institution to use the voice and
    vote of the United States to oppose any loan or other
    utilization of the funds of their respective institution, other
    than to address basic human needs, for the government of any
    country which the Secretary of the Treasury determines--
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 262k-2.
    ---------------------------------------------------------------------------
              (1) has, as a cultural custom, a known history of the
            practice of female genital mutilation; and
              (2) has not taken steps to implement educational
            programs designed to prevent the practice of female
            genital mutilation.
        (B) Definition.--For purposes of this section, the term
    ``international financial institution'' shall include the
    institutions identified in section 532(b) of this Act.
              * * * * * * *

    refugee status for adult children of former vietnamese reeducation camp
            internees resettled under the orderly departure program

        Sec. 584. (a) Eligibility for Orderly Departure Program.--
    Notwithstanding any other provision of law, for purposes \11\
    of eligibility for the Orderly Departure Program for nationals
    of Vietnam, during fiscal years 1998 and 1999,\12\ an alien
    described in subsection (b) shall be considered to be a refugee
    of special humanitarian concern to the United States within the
    meaning of section 207 of the Immigration and Nationality Act
    (8 U.S.C. 1157) and shall be admitted to the United States for
    resettlement if the alien would be admissible as an immigrant
    under the Immigration and Nationality Act (except as provided
    in section 207(c)(3) of that Act).
    ---------------------------------------------------------------------------
        \11\ Sec. 100005(1)(A) of the 1998 Supplemental Appropriations and
    Rescissions Act (Public Law 105-174; 112 Stat. 99) struck out ``For
    purposes'' and inserted in lieu thereof ``Notwithstanding any other
    provision of law, for purposes''. Sec. 2244(1)(A) of the Foreign
    Relations Authorization Act for Fiscal Years 1998 and 1999 (subdivision
    B of division G of Public Law 105-277; 112 Stat. 2681) made the same
    amendment.
        \12\ Sec. 100005(1)(B) of the 1998 Supplemental Appropriations and
    Rescissions Act (Public Law 105-174; 112 Stat. 99) struck out ``fiscal
    year 1997'' and inserted in lieu thereof ``fiscal years 1998 and
    1999''. Sec. 2244(1)(B) of the Foreign Relations Authorization Act for
    Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
    105-277; 112 Stat. 2681) would have made a similar amendment, striking
    out ``fiscal year 1997'' and inserting in lieu thereof ``fiscal years
    1997, 1998, and 1999''. This second amendment is not executable,
    however, because ``fiscal year 1997'' is struck out.
    ---------------------------------------------------------------------------
        (b) \13\ Aliens Covered.--
    ---------------------------------------------------------------------------
        \13\ Sec. 100005(2) of the 1998 Supplemental Appropriations and
    Rescissions Act (Public Law 105-174; 112 Stat. 99) amended and restated
    subsec. (b). Sec. 2244(2) of the Foreign Relations Authorization Act
    for Fiscal Years 1998 and 1999 (subdivision B of division G of Public
    Law 105-277; 112 Stat. 2681) also amended and restated subsec. (b), and
    it is that amendment that is shown here. The amendment in Public Law
    105-174 would have clause (b)(2)(B)(ii) read ``on or after April 1,
    1995, is accepted--''. Subsec. (b) formerly read as follows:
        ``(b) Aliens Covered.--An alien described in this subsection is an
    alien who--
    ---------------------------------------------------------------------------

              ``(1) is the son or daughter of a national of Vietnam who--

                      ``(A) was formerly interned in a reeducation camp in
                    Vietnam by the Government of the Socialist Republic of
                    Vietnam; and
                      ``(B) has been accepted for resettlement as a refugee
                    under the Orderly Departure Program on or after April
                    1, 1995;

              ``(2) is 21 years of age or older; and
              ``(3) was unmarried as of the date of acceptance of the
            alien's parent for resettlement under the Orderly Departure
            Program.''.
              (1) In general.--An alien described in this
            subsection is an alien who--
                      (A) is the son or daughter of a qualified
                    national;
                      (B) is 21 years of age or older; and
                      (C) was unmarried as of the date of
                    acceptance of the alien's parent for
                    resettlement under the Orderly Departure
                    Program.
              (2) Qualified national.--For purposes of paragraph
            (1), the term ``qualified national'' means a national
            of Vietnam who--
                      (A)(i) was formerly interned in a reeducation
                    camp in Vietnam by the Government of the
                    Socialist Republic of Vietnam; or
                      (ii) is the widow or widower of an individual
                    described in clause (i); and
                      (B)(i) qualified for refugee processing under
                    the reeducation camp internees subprogram of
                    the Orderly Departure Program; and
                      (ii) on or after April 1, 1995, is or has
                    been accepted--
                              (I) for resettlement as a refugee; or
                              (II) for admission as an immigrant
                            under the Orderly Departure Program.
        (c) Supersedes Existing Law.--This section supersedes any
    other provision of law.

                                  NORTH KOREA

        Sec. 585. Ninety days after the date of enactment of this
    Act, and every 180 days thereafter, the Secretary of State, in
    consultation with the Secretary of Defense, shall provide a
    report in a classified or unclassified form to the Committee on
    Appropriations including the following information:
              (a) a best estimate on fuel used by the military
            forces of the Democratic People's Republic of Korea
            (DPRK);
              (b) the deployment position and military training and
            activities of the DPRK forces and best estimate of the
            associated costs of these activities;
              (c) steps taken to reduce the DPRK level of forces;
            and
              (d) cooperation, training, or exchanges of
            information, technology or personnel between the DPRK
            and any other nation supporting the development or
            deployment of a ballistic missile capability.
              * * * * * * *

             CIVIL LIABILITY FOR ACTS OF STATE SPONSORED TERRORISM

        Sec. 589. (a) an \14\ official, employee, or agent of a
    foreign state designated as a state sponsor of terrorism
    designated under section 6(j) of the Export Administration Act
    of 1979 while acting within the scope of his or her office,
    employment, or agency shall be liable to a United States
    national or the national's legal representative for personal
    injury or death caused by acts of that official, employee, or
    agent for which the courts of the United States may maintain
    jurisdiction under section 1605(a)(7) of title 28, United
    States Code, for money damages which may include economic
    damages, solatium, pain, and suffering, and punitive damages if
    the acts were among those described in section 1605(a)(7).
    ---------------------------------------------------------------------------
        \14\ As enrolled.
    ---------------------------------------------------------------------------
        (b) Provisions related to statute of limitations and
    limitations on discovery that would apply to an action brought
    under 28 U.S.C. 1605(f) and (g) shall also apply to actions
    brought under this section. No action shall be maintained under
    this action if an official, employee, or agent of the United
    States, while acting within the scope of his or her office,
    employment, or agency would not be liable for such acts if
    carried out within the United States.
        Titles I through V of this Act may be cited as the
    ``Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1997''.\15\
    ---------------------------------------------------------------------------
        \15\ In sec. 101(c) of title I of the Omnibus Consolidated
    Appropriations Act, 1997 (Public Law 104-208), see also title VI for
    the ``NATO Enlargement Facilitation Act of 1996,'' in Legislation on
    Foreign Relations Through 2000, vol. II; and title VII for the ``Bank
    for Economic Cooperation and Development in the Middle East Development
    and North Africa Act,'' in vol. III.
         j. Foreign Operations, Export Financing, and Related Programs
                          Appropriations Act, 1996 \1\

     Partial text of H.R. 1868 as reported by conference and passed by the
     House of Representatives on October 31, 1995, amended and enacted by
        reference in section 301 of Public Law 104-99 [Balanced Budget
      Downpayment Act, I; H.R. 2880], 110 Stat. 26, approved January 26,
     1996; enacted again as Public Law 104-107 [H.R. 1868], 110 Stat. 704,
       approved February 12, 1996; amended by Public Law 105-261 [Strom
    Thurmond National Defense Authorization Act for Fiscal Year 1999; H.R.
                3616], 112 Stat. 1920, approved October 17, 1998

    AN ACT Making appropriations for foreign operations, export financing,
    and related programs for the fiscal year ending September 30, 1996, and
                              for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 1996, and for other purposes, namely:
    ---------------------------------------------------------------------------
        \1\ See also: Further Continuing Appropriations, Fiscal Year 1996
    (Public Law 104-122; 110 Stat. 876); and Omnibus Consolidated
    Rescissions and Appropriations Act of 1996 (Public Law 104-134; 110
    Stat. 1321, as amended by Public Law 104-140 (110 Stat. 1327).
    ---------------------------------------------------------------------------
              * * * * * * *

                  ANNUAL REPORT ON ECONOMIC AND SOCIAL GROWTH

        Sec. 574.\2\ (a) Reporting Requirement.--The President
    shall submit to the appropriate congressional committees an
    annual report providing a concise overview of the prospects for
    economic and social growth on a broad, equitable, and
    sustainable basis in the countries receiving economic
    assistance under title II of this Act. For each country, the
    report shall discuss the laws, policies and practices of that
    country that most contribute to or detract from the achievement
    of this kind of growth. The report should address relevant
    macroeconomic, microeconomic, social, legal, environmental, and
    political factors and include criteria regarding wage and price
    controls, State ownership of production and distribution, State
    control of financial institutions, trade and foreign
    investment, capital and profit repatriation, tax and private
    property protections and a country's commitment to stimulate
    education, health and human development.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2394 note.
    ---------------------------------------------------------------------------
        (b) Countries.--The countries referred to in subsection (a)
    are countries--
              (1) for which in excess of $5,000,000 has been
            obligated during the previous fiscal year for
            assistance under sections 103 through 106, chapters 10
            and 11 of part I, and chapter 4 of part II of the
            Foreign Assistance of 1961, and under the Support for
            East European Democracy Act of 1989; or
              (2) for which in excess of $1,000,000 has been
            obligated during the previous fiscal year by the
            Overseas Private Investment Corporation.
        (c) Consultation.--The Secretary of State shall submit the
    report required by subsection (a) in consultation with the
    Secretary of the Treasury, the Administrator of the Agency for
    International Development, and the President of the Overseas
    Private Investment Corporation. The report shall be submitted
    with the annual congressional presentation for appropriations.
              * * * * * * *
        Sec. 580.\3\ * * * [Repealed--1998]
    ---------------------------------------------------------------------------
        \3\ Sec. 1236 of Public Law 105-261 (112 Stat. 2160) repealed sec.
    580. It had read as follows:
    ---------------------------------------------------------------------------

                 ``MORATORIUM ON USE OF ANTIPERSONNEL LANDMINES
    ---------------------------------------------------------------------------
        ``Sec. 580. (a) United States Moratorium.--For a period of one year
    beginning three years after the date of enactment of this Act, the
    United States shall not use antipersonnel landmines except along
    internationally recognized national borders or in demilitarized zones
    within a perimeter marked area that is monitored by military personnel
    and protected by adequate means to ensure the exclusion of civilians.
        ``(b) Definition and Exemptions.--For the purposes of this section:
    ---------------------------------------------------------------------------

              ``(1) Antipersonnel landmine.--The term `antipersonnel
            landmine' means any munition placed under, on, or near the
            ground or other surface area, delivered by artillery, rocket,
            mortar, or similar means, or dropped from an aircraft and which
            is designed, constructed or adapted to be detonated or exploded
            by the presence, proximity, or contact of a person.
              ``(2) Exemptions.--The term `antipersonnel landmine' does not
            include command detonated Claymore munitions.''.
              * * * * * * *

            TITLE VI--MIDDLE EAST PEACE FACILITATION ACT OF 1995 \4\

              * * * * * * *
        This Act may be cited as the ``Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1996''.
    ---------------------------------------------------------------------------
        \4\ For text, see Legislation on Foreign Relations Through 2000,
    vol. II. In that volume, see also the Middle East Peace Facilitation
    Act of 1994 and the PLO Commitments Compliance Act of 1989, as amended
    by this title.
                     k. Mexican Debt Disclosure Act of 1995

    Title IV of Public Law 104-6 [Emergency Supplemental Appropriations and
       Rescissions for the Department of Defense to Preserve and Enhance
    Military Readiness Act of 1995; H.R. 889], 109 Stat. 73, approved April
                                    10, 1995

              * * * * * * *

                 TITLE IV--MEXICAN DEBT DISCLOSURE ACT OF 1995

    SEC. 401.\1\ SHORT TITLE.

        This title may be cited as the ``Mexican Debt Disclosure
    Act of 1995''.
    ---------------------------------------------------------------------------
        \1\ 31 U.S.C. 5302 note.
    ---------------------------------------------------------------------------

    SEC. 402. FINDINGS.

        The Congress finds that--
              (1) Mexico is an important neighbor and trading
            partner of the United States;
              (2) on January 31, 1995, the President approved a
            program of assistance to Mexico, in the form of swap
            facilities and securities guarantees in the amount of
            $20,000,000,000, using the exchange stabilization fund;
              (3) the program of assistance involves the
            participation of the Board of Governors of the Federal
            Reserve System, the International Monetary Fund, the
            Bank for International Settlements, the International
            Bank for Reconstruction and Development, the Inter-
            American Development Bank, the Bank of Canada, and
            several Latin American countries;
              (4) the involvement of the exchange stabilization
            fund and the Board of Governors of the Federal Reserve
            System means that United States taxpayer funds will be
            used in the assistance effort to Mexico;
              (5) assistance provided by the International Monetary
            Fund, the International Bank for Reconstruction and
            Development, and the Inter-American Development Bank
            may require additional United States contributions of
            taxpayer funds to those entities;
              (6) the immediate use of taxpayer funds and the
            potential requirement for additional future United
            States contributions of taxpayer funds necessitates
            congressional oversight of the disbursement of funds;
            and
              (7) the efficacy of the assistance to Mexico is
            contingent on the pursuit of sound economic policy by
            the Government of Mexico.

    SEC. 403. PRESIDENTIAL REPORTS.

        (a) Reporting Requirement.--Not later than June 30, 1995,
    and every 6 months thereafter, the President shall transmit to
    the appropriate congressional committees a report concerning
    all guarantees issued to, and short-term and long-term currency
    swaps with, the Government of Mexico by the United States
    Government, including the Board of Governors of the Federal
    Reserve System.
         (b) Contents of Reports.--Each report described in
    subsection (a) shall contain a description of the following
    actions taken, or economic situations existing, during the
    preceding 6-month period or, in the case of the initial report,
    during the period beginning on the date of enactment of this
    Act:
              (1) Changes in wage, price, and credit controls in
            the Mexican economy.
              (2) Changes in taxation policy of the Government of
            Mexico.
              (3) Specific actions taken by the Government of
            Mexico to further privatize the economy of Mexico.
              (4) Actions taken by the Government of Mexico in the
            development of regulatory policy that significantly
            affected the performance of the Mexican economy.
              (5) Consultations concerning the program approved by
            the President, including advice on economic, monetary,
            and fiscal policy, held between the Government of
            Mexico and the Secretary of the Treasury (including any
            designee of the Secretary) and the conclusions
            resulting from any periodic reviews undertaken by the
            International Monetary Fund pursuant to the Fund's loan
            agreements with Mexico.
              (6) All outstanding loans, credits, and guarantees
            provided to the Government of Mexico, by the United
            States Government, including the Board of Governors of
            the Federal Reserve System, set forth by category of
            financing.
              (7) The progress the Government of Mexico has made in
            stabilizing the peso and establishing an independent
            central bank or currency board.
        (c) Summary of Treasury Department Reports.--In addition to
    the information required to be included under subsection (b),
    each report required under this section shall contain a summary
    of the information contained in all reports submitted under
    section 404 during the period covered by the report required
    under this section.

    SEC. 404. REPORTS BY THE SECRETARY OF THE TREASURY.

        (a) Reporting Requirement.--Beginning on the last day of
    the first month which begins after the date of enactment of
    this Act, and on the last day of every month thereafter, the
    Secretary of the Treasury shall submit to the appropriate
    congressional committees a report concerning all guarantees
    issued to, and short-term and long-term currency swaps with,
    the Government of Mexico by the United States Government,
    including the Board of Governors of the Federal Reserve System.
        (b) Contents of Reports.--Each report described in
    subsection (a) shall include a description of the following
    actions taken, or economic situations existing, during the
    month in which the report is required to be submitted:
              (1) The current condition of the Mexican economy.
              (2) The reserve positions of the central bank of
            Mexico and data relating to the functioning of Mexican
            monetary policy.
              (3) The amount of any funds disbursed from the
            exchange stabilization fund pursuant to the program of
            assistance to the Government of Mexico approved by the
            President on January 31, 1995.
              (4) The amount of any funds disbursed by the Board of
            Governors of the Federal Reserve System pursuant to the
            program of assistance referred to in paragraph (3).
              (5) Financial transactions, both inside and outside
            of Mexico, made during the reporting period involving
            funds disbursed to Mexico from the exchange
            stabilization fund or proceeds of Mexican Government
            securities guaranteed by the exchange stabilization
            fund.
              (6) All outstanding guarantees issued to, and short-
            term and medium-term currency swaps with, the
            Government of Mexico by the Secretary of the Treasury,
            set forth by category of financing.
              (7) All outstanding currency swaps with the central
            bank of Mexico by the Board of Governors of the Federal
            Reserve System and the rationale for, and any expected
            costs of, such transactions.
              (8) The amount of payments made by customers of
            Mexican petroleum companies that have been deposited in
            the account at the Federal Reserve Bank of New York
            established to ensure repayment of any payment by the
            United States Government, including the Board of
            Governors of the Federal Reserve System, in connection
            with any guarantee issued to, or any swap with, the
            Government of Mexico.
              (9) Any setoff by the Federal Reserve Bank of New
            York against funds in the account described in
            paragraph (8).
              (10) To the extent such information is available,
            once there has been a setoff by the Federal Reserve
            Bank of New York, any interruption in deliveries of
            petroleum products to existing customers whose payments
            were setoff.
              (11) The interest rates and fees charged to
            compensate the Secretary of the Treasury for the risk
            of providing financing.

    SEC. 405. TERMINATION OF REPORTING REQUIREMENTS.

        The requirements of sections 403 and 404 shall terminate on
    the date that the Government of Mexico has paid all obligations
    with respect to swap facilities and guarantees of securities
    made available under the program approved by the President on
    January 31, 1995.

    SEC. 406. PRESIDENTIAL CERTIFICATION REGARDING SWAP OF CURRENCIES TO
                        MEXICO THROUGH EXCHANGE STABILIZATION FUND OR
                        FEDERAL RESERVE.

        (a) In General.--Notwithstanding any other provision of
    law, no loan, credit, guarantee, or arrangement for a swap of
    currencies to Mexico through the exchange stabilization fund or
    by the Board of Governors of the Federal Reserve System may be
    extended or (if already extended) further utilized, unless and
    until the President submits to the appropriate congressional
    committees a certification that--
              (1) there is no projected cost (as defined in the
            Credit Reform Act of 1990) to the United States from
            the proposed loan, credit, guarantee, or currency swap;
              (2) all loans, credits, guarantees, and currency
            swaps are adequately backed to ensure that all United
            States funds are repaid;
              (3) the Government of Mexico is making progress in
            ensuring an independent central bank or an independent
            currency control mechanism;
              (4) Mexico has in effect a significant economic
            reform effort; and
              (5) the President has provided the documents
            described in paragraphs (1) through (28) of House
            Resolution 80, adopted March 1, 1995.\2\
    ---------------------------------------------------------------------------
        \2\ For text of H.Res. 80 as adopted by the House on March 1, 1995,
    see Congressional Record, p. H2444-5.
    ---------------------------------------------------------------------------
        (b) Treatment of Classified or Privileged Material.--For
    purposes of the certification required by subsection (a)(5),
    the President shall specify, in the case of any document that
    is classified or subject to applicable privileges, that, while
    such document may not have been produced to the House of
    Representatives, in lieu thereof it has been produced to
    specified Members of Congress or their designees by mutual
    agreement among the President, the Speaker of the House, and
    the chairmen and ranking members of the Committee on Banking
    and Financial Services, the Committee on International
    Relations, and the Permanent Select Committee on Intelligence
    of the House.

    SEC. 407. DEFINITIONS.

        For purposes of this title, the following definitions shall
    apply:
              (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means the
            Committees on International Relations and Banking and
            Financial Services of the House of Representatives, the
            Committees on Foreign Relations and Banking, Housing,
            and Urban Affairs of the Senate, and the Committees on
            Appropriations of the House of Representatives and the
            Senate.
              (2) Exchange stabilization fund.--The term ``exchange
            stabilization fund'' means the stabilization fund
            referred to in section 5302(a)(1) of title 31, United
            States Code.
        This Act may be cited as the ``Emergency Supplemental
    Appropriations and Rescissions for the Department of Defense to
    Preserve and Enhance Military Readiness Act of 1995''.
         l. Foreign Operations, Export Financing, and Related Programs
                     Supplemental Appropriations Act, 1994

        Partial text of Public Law 103-306 [H.R. 4426], 108 Stat. 1608,
       approved August 23, 1994; amended by Public Law 105-118 [Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
          1998; H.R. 2159], 111 Stat. 2386, approved November 26, 1997

    AN ACT Making appropriations for foreign operations, export financing,
    and related programs for the fiscal year ending September 30, 1995, and
      making supplemental appropriations for such programs for the fiscal
            year ending September 30, 1994, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for foreign operations,
    export financing, and related programs for the fiscal year
    ending September 30, 1995, and for other purposes, namely:
              * * * * * * *

             TITLE VI--FISCAL YEAR 1994 SUPPLEMENTAL APPROPRIATIONS

        The following sums are appropriated, out of any money in
    the Treasury not otherwise appropriated, for the fiscal year
    ending September 30, 1994, and for other purposes, namely:

                      FUNDS APPROPRIATED TO THE PRESIDENT

                             DEBT RELIEF FOR JORDAN

        (a) Authority To Reduce Debt.--
              (1) Authority.--For fiscal year 1994 and thereafter,
            the President is authorized to reduce or cancel amounts
            owed to the United States or any agency of the United
            States by the Hashemite Kingdom of Jordan as a result
            of loans originally made or credits originally extended
            by the United States or any agency of the United States
            before January 1, 1994.
              (2) Appropriations requirement.--The authority
            provided by this section may be exercised only in such
            amounts or to such extent as is provided in advance by
            appropriations Acts.
              (3) Certain prohibitions inapplicable.--The authority
            of this section may be exercised notwithstanding
            section 620(r) of the Foreign Assistance Act of 1961,
            as amended, section 321 of the International
            Development and Food Assistance Act of 1975, or similar
            provisions of law. In addition, a reduction of debt
            pursuant to this section shall not be considered
            assistance for purposes of any provision of law
            limiting assistance to a country.
        (b) Appropriations.--
              (1) Appropriations.--For the cost of modifying direct
            loans, as defined in section 502 of the Congressional
            Budget Act of 1974, for Jordan, in accordance with the
            authority contained in this section, $99,000,000 is
            appropriated, to remain available until September 30,
            1994.
              (2) Fiscal year 1994.--For fiscal year 1994--
                      (A) funds appropriated under this section may
                    be used only for the cost of modifying direct
                    loans entered into under programs administered
                    by the Agency for International Development;
                    and
                      (B) such funds may be used to reduce or
                    cancel not to exceed $220,000,000 of the
                    amounts owed pursuant to such loans.
              * * * * * * *
        This title may be cited as the ``Foreign Operations, Export
    Financing, and Related Programs Supplemental Appropriations
    Act, 1994''.
         m. Foreign Operations, Export Financing, and Related Programs
                            Appropriations Act, 1993

        Partial text of Public Law 102-391 [H.R. 5368], 106 Stat. 1633,
       approved October 6, 1992; amended by Public Law 106-429 [Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
        2001; H.R. 5526, as introduced on October 24, 2000, enacted by
       reference in sec. 101(a) of Public Law 106-429], 114 Stat. 1900,
                           approved November 6, 2000

    AN ACT Making appropriations for foreign operations, export financing,
    and related programs for the fiscal year ending September 30, 1993, and
                              for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for foreign operations,
    export financing, and related programs for the fiscal year
    ending September 30, 1993, and for other purposes, namely:
              * * * * * * *

                          TITLE V--GENERAL PROVISIONS

              * * * * * * *

                                  HUMAN RIGHTS

        Sec. 511. (a) * * *
        (b) \1\ Human Rights Report.--The Secretary of State shall
    also transmit the report required by section 116(d) of the
    Foreign Assistance Act of 1961 to the Committees on
    Appropriations each year by the date specified in that section:
    Provided, That each such report submitted pursuant to such
    section shall (1) include a review of each country's commitment
    to children's rights and welfare as called for by the
    Declaration of the World Summit for Children; (2) * * *
    [Repealed--2000]; \2\ and (3) describe the extent to which
    indigenous people are able to participate in decisions
    affecting their lands, cultures, traditions and the allocation
    of natural resources, and assess the extent of protection of
    their civil and political rights.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151n note.
        \2\ Sec. 590 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on
    October 24, 2000, enacted by reference in sec. 101(a) of Public Law
    106-429; 114 Stat. 1900A-59), repealed ``paragraph (2)'' [sic], which
    had read as follows: ``(2) a description of the military expenditures
    of each country receiving United States foreign assistance, and the
    efforts each country is making to reduce those expenditures;''
    ---------------------------------------------------------------------------
              * * * * * * *

                                  environment

        Sec. 532.\3\ (a) * * *
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 262l.
    ---------------------------------------------------------------------------
        (b) * * *
        (c)(1) In furtherance of the policies contained in section
    533(a) of Public Law 101-513 and section 1308 of the
    International Development and Finance Act of 1989 (Public Law
    101-240), and as a basis for measuring more effectively
    progress by the MDBs toward improved environmental performance,
    the Secretary of the Treasury shall instruct the United States
    Executive Directors of the MDBs to encourage each MDB, at a
    minimum, to meet the benchmarks established in paragraph (2) in
    the areas of sustainable energy development, forest
    conservation, forced displacement of populations, and
    environmental impact assessment. On March 1, 1993 and March 1,
    1994, the Secretary of the Treasury shall submit a report to
    the Congress describing in detail the progress being made by
    the MDBs in meeting these benchmarks.
        (2) For the purposes of paragraph (1), benchmarks are as
    follows:
              (A) In the area of sustainable energy development--
                      (i) all loans in the energy sector should be
                    based on, or support development of, ``least-
                    cost'' integrated resource plans. Such plans
                    shall include analyses of possible end-use
                    energy efficiency measures and nonconventional
                    renewable energy options, and such plans shall
                    reflect the quantifiable environmental costs of
                    proposed energy developments;
                      (ii) a substantial portion of loans and
                    grants in the energy, industry, and
                    transportation sectors shall be devoted to end-
                    use energy efficiency improvements and
                    nonconventional renewable energy development;
                    and
                      (iii) all organizational units within the
                    MDBs should create staff positions in a
                    management role in end-use efficiency and
                    renewable energy, which positions shall be
                    staffed by individuals with professional
                    experience in program design and management and
                    educational degrees in relevant technical
                    disciplines.
              (B) In the area of forest conservation--
                      (i) forestry loans should not support
                    commercial logging in relatively undisturbed
                    primary forests, nor should loans result in any
                    significant loss of tropical forests;
                      (ii) forestry loans should not be disbursed
                    until legal, economic, land tenure, and other
                    policy conditions needed to ensure
                    sustainability are in place;
                      (iii) loans should not support mineral,
                    petroleum, or other industrial development in,
                    or construction or upgrading of roads through,
                    relatively undisturbed primary forests unless
                    adequate safeguards and monitoring systems,
                    developed in consultation with local
                    populations, are already in place to prevent
                    degradation of the surrounding forests;
                      (iv) loans should be consistent with and
                    support the needs and rights of indigenous
                    peoples and other long-term forest inhabitants
                    and should not be made to countries which have
                    shown an unwillingness to resolve fairly the
                    territorial claims of such people; and
                      (v) support for protection of biological
                    diversity, in close consultation with local
                    communities, should be increased to account for
                    a larger proportion of MDB lending.
              (C) In the area of forced displacement of
            populations--
                      (i) the World Bank, Inter-American
                    Development Bank, and Asian Development Bank
                    should maintain a listing, available to the
                    Secretary of the Treasury, of all ongoing
                    projects involving forced displacement of
                    populations, including the number of people
                    displaced and a report on the status of the
                    implementation of their resettlement policy
                    guidelines for each such project, and obtain
                    agreements with borrowers to ensure that all
                    ongoing projects involving forced displacement
                    will be in full compliance with their
                    resettlement policy guidelines by mid-1993; and
                      (ii) the African Development Bank should
                    adopt and implement policy guidelines on forced
                    displacement similar to such guidelines of the
                    other MDBs.
              (D) In the area of procedures for environmental
            impact assessment (EIA)--
                      (i) each MDB should require that draft and
                    final EIA reports be made available to the
                    public in borrowing and donor countries and
                    that the public be offered timely opportunities
                    for comment on the EIA process, including
                    initial scoping sessions, review of EIA
                    categories assigned to individual projects, and
                    opportunities to comment on draft and final EIA
                    reports;
                      (ii) each MDB should apply EIA requirements
                    to all sector loans and develop and apply the
                    methodology for environmental assessment of
                    structural adjustment loans;
                      (iii) each MDB should require that the EIA
                    process include analyses of the potential
                    impacts of proposed projects on the global
                    environment; and
                      (iv) each MDB should require the head of the
                    appropriate environmental unit, rather than
                    project officers, determine the appropriate
                    type of environmental analysis required under
                    the bank's EIA procedures.
              * * * * * * *

               NOTIFICATION TO CONGRESS ON DEBT RELIEF AGREEMENTS

        Sec. 548.\4\ The Secretary of State shall transmit to the
    Appropriations Committees of the Congress and to such other
    Committees as appropriate, a copy of the text of any agreement
    with any foreign government which would result in any debt
    relief no less than thirty days prior to its entry into force,
    other than one entered into pursuant to this Act, together with
    a detailed justification of the interest of the United States
    in the proposed debt relief: Provided, That the term ``debt
    relief'' shall include any and all debt prepayment, debt
    rescheduling, and debt restructuring proposals and agreements:
    Provided further, That the Secretary of State and the Secretary
    of the Treasury should in every feasible instance notify the
    Appropriations Committees of the Congress and such other
    Committees as appropriate not less than 15 days prior to any
    formal multilateral or bilateral negotiation for official debt
    restructuring, rescheduling, or relief: Provided further, That
    the Secretary of State or the Secretary of the Treasury, as
    appropriate, shall report not later than February 1 of each
    year a consolidated statement of the budgetary implications of
    all debt-related agreements entered into force during the
    preceding fiscal year.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 2395a note. Similar language through the first
    proviso was first enacted as sec. 563 of the Foreign Assistance
    Appropriations, 1988. The second and third provisos were first enacted
    in sec. 550 of the Foreign Assistance Appropriations Act, 1991.
    ---------------------------------------------------------------------------
              * * * * * * *

                             AID BUDGET SUBMISSION

        Sec. 599E.\5\ The President shall include with each budget
    for a fiscal year submitted to the Congress under section 1105
    of title 31, United States Code, materials that shall identify
    clearly and separately the amounts requested in the budget for
    appropriation for that fiscal year for salaries and expenses
    related to administrative activities of the Agency for
    International Development.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 2381 note.
    ---------------------------------------------------------------------------
              * * * * * * *
        This Act may be cited as the ``Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1993''.
         n. Foreign Operations, Export Financing, and Related Programs
                            Appropriations Act, 1991

        Partial text of Public Law 101-513 [H.R. 5114], 104 Stat. 1979,
    approved November 5, 1990; amended by Public Law 102-27 [Dire Emergency
       Supplemental Appropriations for Consequences of Operation Desert
          Shield/Desert Storm, Food Stamps, Unemployment Compensation
     Administration, Veterans Compensation and Pensions, and Other Urgent
    Needs Act of 1991; H.R. 1281], 105 Stat. 130, approved April 10, 1991;
     Public Law 102-138 [Foreign Relations Authorization Act, Fiscal Years
     1992 and 1993; H.R. 1415], 105 Stat. 647, approved October 28, 1991;
    Public Law 102-145 [Further Continuing Appropriations, 1992; H.J. Res.
      360], 105 Stat. 968, approved October 28, 1991; Public Law 102-391
          [Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1993; H.R. 5368], 106 Stat. 1633, approved October
       6, 1993; Public Law 102-499 [H.R. 6047], 106 Stat. 3264, approved
        October 24, 1992; Public Law 103-87 [Foreign Operations, Export
     Financing, and Related Programs Appropriations Act, 1994; H.R. 2295],
    107 Stat. 931, approved September 30, 1993; Public Law 103-236 [Foreign
     Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333],
     108 Stat. 382, approved April 30, 1994; Public Law 103-306 [[Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
           1995; H.R. 4426], 108 Stat. 1608, approved August 23, 1994

    AN ACT Making appropriations for foreign operations, export financing,
    and related programs for the fiscal year ending September 30, 1991, and
                              for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for foreign operations,
    export financing, and related programs for the fiscal year
    ending September 30, 1991, and for other purposes, namely:
              * * * * * * *

                          TITLE V--GENERAL PROVISIONS

              * * * * * * *

                           ASSISTANCE FOR EL SALVADOR

        Sec. 531 \1\ (a) Statement of Policy.--United States
    military assistance to the Government of El Salvador shall seek
    three principal foreign policy objectives, as follows: (1) to
    promote a permanent settlement and cease-fire to the conflict
    in El Salvador, with the Secretary General of the United
    Nations serving as an active mediator between the opposing
    parties; (2) to foster greater respect for basic human rights,
    and the rule of law; and (3) to advance political accommodation
    and national reconciliation.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2370 note.
    ---------------------------------------------------------------------------
        (b) Maximum Level of Military Assistance.--Of the funds
    available for United States military assistance for fiscal year
    1991, not more than $85,000,000 shall be made available for El
    Salvador.
        (c) Prohibition of Military Assistance.--(1) Prohibition.--
    Subject to paragraph (2), no United States military assistance
    may be furnished to the Government of El Salvador if the
    President determines and reports in writing to the Congress
    that--
              (A) after he has consulted with the Secretary General
            of the United Nations, the Government of El Salvador
            has declined to participate in good faith in
            negotiations for a permanent settlement and cease-fire
            to the armed conflict of El Salvador;
              (B) the Government of El Salvador has rejected or
            otherwise failed to support an active role for the
            Secretary General of the United Nations in mediating
            that settlement;
              (C) the Government of El Salvador has rejected a plan
            for the settlement of the conflict which--
                      (i) has been put forward by the Secretary
                    General of the United Nations in accordance
                    with the terms and procedures in the April 4,
                    1990 Geneva Communique and the May 21, 1990
                    Caracas Accord between the Government of El
                    Salvador and the FMLN;
                      (ii) includes a proposal for an
                    internationally monitored cease-fire; and
                      (iii) has been accepted, within 15 days from
                    its announcement, by the FMLN and is being
                    complied with by the FMLN;
              (D) the Government of El Salvador has failed to
            conduct a thorough and professional investigation into,
            and prosecution of those responsible for the eight
            murders at the University of Central America on
            November 16, 1989; or
              (E) the military and security forces of El Salvador
            are assassinating or abducting civilian noncombatants,
            are engaging in other acts of violence directed at
            civilian targets, or are failing to control such
            activities by elements subject to the control of those
            forces; or
              (F) the Government of El Salvador has failed to
            actively seek and encourage a law enforcement service
            from outside El Salvador, such as Scotland Yard or
            INTERPOL, to accompany and monitor investigators of the
            Government of El Salvador in their investigation into
            the eight murders at the University of Central America
            on November 16, 1989.
        (2) Requirement for resumption of assistance.--Assistance
    prohibited under paragraph (1) may only be resumed pursuant to
    a law subsequently enacted by the Congress.
        (d) Withholding of Military Assistance.--(1) In General.--
    Fifty per centum of the total United States military assistance
    allocated for El Salvador for fiscal year 1991 shall be
    withheld from obligation or expenditure (as the case may be)
    except as provided in paragraphs (2) and (3).
        (2) Release of Assistance.--The United States military
    assistance withheld pursuant to paragraph (1) may be obligated
    and expended only if the President determines and reports in
    writing to the Congress that--
              (A) after he has consulted with the Secretary General
            of the United Nations, the representatives of the
            FMLN--
                      (i) have declined to participate in good
                    faith in negotiations for a permanent
                    settlement and cease-fire to the armed conflict
                    in El Salvador, or
                      (ii) have rejected or otherwise failed to
                    support an active role for the Secretary
                    General of the United Nations in mediating that
                    settlement;
              (B) the FMLN has rejected a plan for the settlement
            of the conflict which--
                      (i) has been put forward by the Secretary
                    General of the United Nations in accordance
                    with the terms and procedures in the April 4,
                    1990 Geneva Communique and the May 21, 1990
                    Caracas Accord between the Government of El
                    Salvador and the FMLN;
                      (ii) includes a proposal for an
                    internationally monitored cease-fire; and
                      (iii) has been accepted, within 15 days from
                    its announcement, by the Government of El
                    Salvador and is being complied with by the
                    Government of El Salvador;
              (C) the survival of the constitutional Government of
            El Salvador is being jeopardized by substantial and
            sustained offensive military actions or operations by
            the FMLN;
              (D) proof exists that the FMLN is continuing to
            acquire or receive significant shipments of lethal
            military assistance from outside El Salvador, and this
            proof has been shared with the Congress; or
              (E) the FMLN is assassinating or abducting civilian
            noncombatants, is engaging in other acts of violence
            directed at civilian targets, or is failing to control
            such activities by elements subject to FMLN control.
        (3) Exception.--Notwithstanding any other provision of law,
    funds withheld pursuant to paragraph (1) of this subsection may
    be disbursed to pay the cost of any contract penalties which
    may be incurred as a result of such withholding of funds under
    this subsection.
        (e) Condition for Termination of All United States
    Assistance.--(1) Prohibition.--Subject to paragraph (2), no
    United States assistance may be furnished to El Salvador if the
    duly-elected head of Government of El Salvador is deposed by
    military coup or decree.
        (2) Requirement for Resumption of Assistance.--Assistance
    prohibited under paragraph (1) may only be resumed pursuant to
    a law subsequently enacted by the Congress.
        (f) Establishment of a Fund for Cease-Fire Monitoring,
    Demobilization, and Transition to Peace.--(1) Establishment of
    Fund.--There is hereby established in the Treasury of the
    United States a fund to assist with the costs of monitoring a
    permanent settlement of the conflict, including a cease-fire,
    and the demobilization of combatants in the conflict in El
    Salvador, and their transition to peaceful pursuits, which
    shall be known as the ``Demobilization and Transition Fund''
    (hereafter in this section referred to as the ``Fund'').
    Amounts in this Fund shall be available for obligation and
    expenditure only upon notification by the President to the
    Congress that the Government of El Salvador and representatives
    of the FMLN have reached a permanent settlement of the
    conflict, including a final agreement on a cease-fire.
        (2) Transfer of Certain Military Assistance Funds.--Upon
    notification of the Congress of a permanent settlement of the
    conflict, including an agreement on a cease-fire, or on
    September 30, 1991, if no such notification has occurred prior
    to that date, the President shall transfer to the Fund any
    United States military assistance funds withheld pursuant to
    subsection (d) of this section.
        (3) Use of the Fund.--Notwithstanding any other provision
    of law, amounts in the Fund shall be available for El Salvador
    solely to support costs of demobilization, retraining,
    relocation, and reemployment in civilian pursuits of former
    combatants in the conflict in El Salvador, and of the
    monitoring of the permanent settlement and cease-fire.
        (4) Duration of Availability of Funds.--Notwithstanding any
    other provision of law, amounts transferred to the Fund shall
    remain available until expended.
        (g) Strengthening Civilian Control Over the Military.--In
    order to strengthen the control of the democratically-elected
    civilian Government of El Salvador over the armed forces of
    that country, United States military assistance for any fiscal
    year may be delivered to the armed forces of El Salvador only
    with the prior approval of the duly elected President of El
    Salvador.
        (h) Support for Democracy.--(1) Establishing a Program.--
    The Secretary of State, through agreement with the National
    Endowment for Democracy or other qualified organizations, shall
    establish and carry out a program of education, training, and
    dialogue for the purpose of strengthening democratic political
    and legal institutions in El Salvador.
        (2) Election Monitoring.--Of the amounts made available to
    carry out this subsection, up to $2,000,000 may be used for
    support for monitoring the 1991 municipal and National Assembly
    elections in El Salvador, and for monitoring the registration
    and campaign processes leading up to those elections, by
    appropriate organizations such as the United Nations, the
    Organization of American States, the Carter Center, the
    National Democratic Institute for International Affairs, the
    National Republican Institute for International Affairs, and
    the Center for Electoral Assistance and Promotion (CAPEL) of
    San Jose, Costa Rica.
        (3) Assistance.--Up to $10,000,000 of funds appropriated
    under the heading ``Economic Support Fund'' for fiscal year
    1991 may be used to carry out this subsection.
        (i) \2\ Reporting Requirements. * * * [Repealed--1994]
    ---------------------------------------------------------------------------
        \2\ Sec. 139(22) of the Foreign Relations Authorization Act, Fiscal
    Years 1994 and 1995 (Public Law 103-236; 108 Stat. 399) repealed
    subsec. (i), which had required that the President report to Congress
    every 180 days on progress in the negotiations in El Salvador.
    ---------------------------------------------------------------------------
        (j) Definitions.--For purposes of this section--
              (1) the term ``United States assistance'' has the
            same meaning as is given to such term by section
            481(i)(4) of the Foreign Assistance Act of 1961 and
            includes United States military assistance as defined
            in paragraph (2); and
              (2) the term ``United States military assistance''
            means--
                      (A) assistance to carry out chapter 2
                    (relating to grant military assistance) or
                    chapter 5 (relating to international military
                    education and training) of part II of the
                    Foreign Assistance Act of 1961; and
              (B) assistance to carry out section 23 of the Arms
            Export Control Act.
              * * * * * * *

                         ENVIRONMENT AND GLOBAL WARMING

      Sec. 533.\3\ (a) It is the policy of the United States that
    sustainable economic growth must be predicated on the
    sustainable management of natural resources. The Secretary of
    the Treasury shall instruct the United States Executive
    Director of each multilateral development bank (MDB) to promote
    vigorously within each MDB the expansion of programs in areas
    which address the problems of global climate change through
    requirements to--
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 262l. Similar language was first enacted as sec. 540
    of the Foreign Assistance Appropriations Act, 1986.
    ---------------------------------------------------------------------------
              (1) expand programs in energy conservation, end use
            energy efficiency, and renewable energy and promotion
            by--
                      (A) continuing to augment and expand
                    professional staffs with expertise in these
                    areas;
                      (B) giving priority to these areas in the
                    ``least cost'' energy sector investment plans;
                      (C) encouraging and promoting these areas in
                    policy-based energy sector lending;
                      (D) developing loans for these purposes; and
                      (E) convening seminars for MDB staff and
                    board members on these areas and alternative
                    energy investment opportunities;
              (2) provide analysis for each proposed loan to
            support additional power generating capacity comparing
            demand reduction costs to proposal costs;
              (3) continue to assure that environmental impact
            assessments (EIA) of proposed energy projects are
            conducted early in the project cycle, include
            consideration of alternatives to the proposed project,
            and encourage public participation in the EIA process;
              (4) continue to include the environmental costs of
            proposed projects with significant environmental
            impacts in economic assessments; and
              (5) continue to provide technical assistance as a
            component of energy sector lending.
      (b) The Secretary of the Treasury shall, not later than March
    1, 1991, submit an annual report to the Congress which shall
    include--
              (1) a detailed description of how the natural
            resource management initiatives mandated by this
            section have been incorporated in the Administration's
            efforts to address Third World Debt (the Brady Plan);
              (2) a detailed description of progress made by each
            of the MDBs in adopting and implementing programs
            meeting the standards set out in subsection (a)
            including, in particular, efforts by the Department of
            the Treasury to assure implementation of this section,
            progress made by each MDB in subsection (a)(1)(B), and
            the amounts and proportion of lending in the energy
            sector for projects or programs in subsection (a)(1);
              (3) the progress the Inter-American Development Bank
            has made in implementing environmental reforms;
              (4) an updated analysis of each MDB's forestry sector
            loans, and a current analysis of each MDB's energy
            sector loans, and their impact on emissions of
            CO2 and the status of proposals for specific
            forestry and energy sector activities to reduce
            CO2 emissions; and
              (5) the progress the International Bank for
            Reconstruction and Development has made in implementing
            the recommendations set forth in the April 1, 1988,
            report on ``Debt-for-Nature Swaps'' by the World Bank.
      (c)(1) The Administrator of the Agency for International
    Development shall update and issue guidance to all Agency
    missions and bureaus detailing the elements of the ``Global
    Warming Initiative'',\4\ which will continue to emphasize the
    need to reduce emissions of greenhouse gases, especially
    CO2 and CFCs, through strategies consistent with
    continued economic development. This initiative shall continue
    to emphasize the need to accelerate sustainable development
    strategies in areas such as reforestation, biodiversity, end-
    use energy efficiency, least-cost energy planning, and
    renewable energy, and shall encourage mission directors to
    incorporate the elements of this initiative in developing their
    country programs.
    ---------------------------------------------------------------------------
        \4\ See sec. 534 of the Foreign Assistance Appropriations Act,
    1990, page 899.
    ---------------------------------------------------------------------------
      (2) The Administrator shall pursue this initiative by, among
    other things--
              (A) increasing the number and expertise of personnel
            devoted to this initiative in all bureaus and missions;
              (B) devoting increased resources to technical
            training of mission directors;
              (C) accelerating the activities of the Multi-Agency
            Working Group on Power Sector Innovation;
              (D) focusing tropical forestry assistance programs on
            the key middle- and low-income developing countries
            (hereinafter ``key countries'') which are projected to
            contribute large amounts of greenhouse gases to the
            global environment;
              (E) assisting countries in developing a systematic
            analysis of the appropriate use of their total tropical
            forest resources, with the goal of developing a
            national program for sustainable forestry;
              (F) focusing energy assistance activities on the key
            countries, where assistance would have the greatest
            impact on reducing emissions from greenhouse gases; and
              (G) continuing to follow the directives with respect
            to key countries and countries that receive large
            Economic Support Fund assistance contained in section
            534(b)(3) of Public Law 101-167.
      (3) None of the funds appropriated in this Act shall be
    available for any program, project or activity which would--
              (A) result in any significant loss of tropical
            forests; or
              (B) involve commercial \5\ timber extraction in
            primary tropical forest areas unless an environmental
            assessment: \6\
    ---------------------------------------------------------------------------
        \5\ Sec. 308(1) of Public Law 102-27 (105 Stat. 152) struck out
    ``industrial'' and inserted in lieu thereof ``commercial''.
        \6\ Sec. 308(2) of Public Law 102-27 (105 Stat. 152) inserted
    ``unless an environmental assessment'' and three clauses under subpar.
    (B).
    ---------------------------------------------------------------------------
                      (i) identifies potential impacts on
                    biological diversity;
                      (ii) demonstrates that all timber extraction
                    will be conducted according to an
                    environmentally sound management system which
                    maintains the ecological functions of the
                    natural forest and minimizes impacts on
                    biological diversity; and
                      (iii) demonstrates that the activity will
                    contribute to reducing deforestation.
      (4) Funds appropriated to carry out the provisions of
    sections 103 and 106 of the Foreign Assistance Act of 1961, as
    amended, may be used by the Agency for International
    Development, notwithstanding any other provision of law, for
    the purpose of supporting tropical forestry and energy programs
    aimed at reducing emissions of greenhouse gases with regard to
    the key countries in which deforestation and energy policy
    would make a significant contribution to global warming, except
    that such assistance shall be subject to sections 116, 502B,
    and 620A of the Foreign Assistance Act of 1961.
      (5) Funds appropriated by this Act to carry out the
    provisions of sections 103 and 106 of the Foreign Assistance
    Act of 1961 may be used for expenses (including related support
    costs) relating to the environment and energy sectors, of
    employees or individuals detailed to or employed by the Agency
    for International Development, particularly those involved with
    the ``Global Warming Initiative'' described in this subsection.
      (d) * * *
      (e) * * *
      (f) \7\ Chapter 2 of part II of the Foreign Assistance Act of
    1961 is amended by adding the following new section: * * *
    ---------------------------------------------------------------------------
        \7\ Subsec. (f) added a new sec. 518 to the Foreign Assistance Act
    of 1961 (22 U.S.C. 2321l.), relating to natural resources and wildlife
    management.
    ---------------------------------------------------------------------------
      (g) * * *
              * * * * * * *

                             GENERAL AUTHORIZATIONS

      Sec. 562. General Authorizations.--
              * * * * * * *
      (c) \8\ Reports to Congress.--As part of the annual
    Congressional Presentation materials for economic assistance,
    the Administrator of the Agency for International Development
    shall include a description of the progress made during the
    previous fiscal year in carrying out chapter 10 of part I of
    the Foreign Assistance Act of 1961 in three countries in sub-
    Saharan Africa which represent differing economic situations
    and levels of progress. The description shall include--
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 2293 note.
    ---------------------------------------------------------------------------
              (1) the nature and extent of consultation to ensure
            local perspectives, as described in subsections (e)(1)
            and (f) of section 496;
              (2) the degree of involvement of local people in the
            implementation of projects having a local focus;
              (3) the extent to which there has been expansion of
            the participation and integration of African women in
            each of the critical sectors specified in section
            496(i);
              (4) program assistance provided, including the
            amounts obligated, the criteria used for assisting
            reforms, and the provisions made pursuant to section
            496(h)(2)(B) to protect vulnerable groups from possible
            negative consequences of the reforms; and
              (5) a description of the assistance for the critical
            sector priorities specified in section 496(i), by
            sector, including the amounts obligated.
              * * * * * * *

                        INTERNATIONAL BANKING PROVISIONS

              * * * * * * *
      (c) European Bank for Reconstruction and Development.--* * *
    \9\
    ---------------------------------------------------------------------------
        \9\ For text, see Legislation on Foreign Relations Through 2000,
    vol. III.
    ---------------------------------------------------------------------------
              * * * * * * *

                            PROPERTY MANAGEMENT FUND

        Sec. 585. (a) The proceeds of overseas property acquired by
    the Agency for International Development under the authority of
    section 636(c) of the Foreign Assistance Act of 1961 may be
    deposited in a separate fund, which shall be known as the
    Property Management Fund. Such proceeds shall be available for
    use only for the purposes of section 636(c) of that Act, and
    shall remain available until expended. The Administrator of the
    Agency for International Development shall report all uses of
    funds deposited into the Property Management Fund as part of
    the annual Congressional Presentation materials submitted by
    the Agency for International Development.
        (b) The provisions of subsection (a) shall be applicable to
    property acquired prior to the date of enactment of this Act
    and at any time thereafter.

                        IRAQ SANCTIONS ACT OF 1990 \10\

    SEC. 586. SHORT TITLE.

      Sections 586 through 586J of this Act may be cited as the
    ``Iraq Sanctions Act of 1990''.
    ---------------------------------------------------------------------------
        \10\ For this and other legislation relating to Iraq, see
    Legislation on Foreign Relations Through 2000, vol. I-B.
    ---------------------------------------------------------------------------
              * * * * * * *

       BENEFITS FOR UNITED STATES HOSTAGES IN IRAQ AND KUWAIT AND UNITED
                      STATES HOSTAGES CAPTURED IN LEBANON

      Sec. 599C.\11\ (a) Eligibility.--United States hostages in
    Iraq and Kuwait, and United States hostages captured in
    Lebanon, shall, subject to the availability of funds under
    subsection (e), be entitled to the benefits described in this
    section. Except as otherwise provided in this section or other
    provision of law, no such individual or any family member shall
    receive any benefit under the provisions of title 5, United
    States Code during fiscal year 1991 and hereafter.\12\
    ---------------------------------------------------------------------------
        \11\ The Department of State established criteria for benefits for
    hostages in Iraq, Kuwait, or Lebanon in Public Notice 1308, November
    30, 1990 (55 F.R. 52837-8, 52928; 22 CFR Part 193), and amended those
    criteria in Public Notice 1565, effective January 16, 1992 (57 F.R.
    3282; January 29, 1992).
        \12\ Sec. 302(a)(1) of the Foreign Relations Authorization Act,
    Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 707), added
    ``during fiscal year 1991 and hereafter'', effective November 5, 1990.
    ---------------------------------------------------------------------------
      (b) Payments for Duration of Hostage Status, Life Insurance,
    and Health Insurance.--(1) Not later than 30 days after the
    date of enactment of this Act, the Office of Personnel
    Management, after consultation with the Department of State,
    shall prescribe regulations, consistent with this section, for
    the application of the provisions of chapter 87 (relating to
    life insurance) and chapter 89 (relating to health insurance)
    of title 5, United States Code, to the United States hostages
    in Iraq or Kuwait, and United States hostages captured in
    Lebanon, and their family members for the period that such
    hostages remain in hostage status.
      (2) United States hostages in Iraq or Kuwait, and United
    States hostages captured in Lebanon, shall, subject to the
    availability of funds under subsection (e), be paid at the rate
    of pay for a position at GS-9 of the General Schedule for the
    period in which such hostages remained in a hostage status
    without the hostages (or their family members on their behalf)
    receiving salaries or wages from their employers. For purposes
    of this paragraph, any United States hostage captured in
    Lebanon who was paid a salary or wage in Lebanese pounds in
    amounts that were not adjusted to compensate for any
    devaluation of the Lebanese pound that occurred during such
    hostage's period of captivity shall not be considered to have
    received a salary or wage from an employer.\13\
    ---------------------------------------------------------------------------
        \13\ Sec. 5(a) of Public Law 102-499 (106 Stat. 3266) added the
    last sentence to par. (2). Sec. 5(b) of that Act further provided that
    ``the amendment made by subsection (a) shall be deemed to have become
    effective as of the date of enactment of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1991.''.
    ---------------------------------------------------------------------------
      (3) Except as provided in paragraph (5), during \14\ the
    period of an individual's hostage status and during the 12-
    month period after the hostage status of that individual
    ceases, such individual and his family members shall, subject
    to the availability of funds under subsection (e), be entitled
    to health benefits covered by paragraph (1) if such benefits
    were not provided by any other insurance coverage.
    ---------------------------------------------------------------------------
        \14\ Sec. 302(a)(2) of the Foreign Relations Authorization Act,
    Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 707), struck
    out ``During'' in pars. (3) and (4), and inserted in lieu thereof
    ``Except as provided in paragraph (5), during'', effective November 5,
    1990.
    ---------------------------------------------------------------------------
      (4) Except as provided in paragraph (5), during \14\ the
    period of an individual's hostage status and during the 12-
    month period after the hostage status of that individual
    ceases, that individual shall, subject to the availability of
    funds under subsection (e), be entitled to life insurance
    benefits covered by paragraph (1) if such benefits were not
    provided by any other insurance coverage.
      (5) \15\ For purposes of the application of paragraphs (3)
    and (4) to United States hostages captured in Lebanon, the
    period of entitlement of benefits, subject to the availability
    of funds, shall be the period of an individual's hostage
    status, plus a 60-month period following the termination of the
    hostage status of that individual.
    ---------------------------------------------------------------------------
        \15\ Sec. 302(a)(3) of the Foreign Relations Authorization Act,
    Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 708), added
    par. (5), effective November 5, 1990.
    ---------------------------------------------------------------------------
      (c) Administration of Authorities.--(1) For purposes of this
    section, the Secretary of State shall certify to such officer
    of the United States as may require such information the names
    of the United States hostages in Iraq and Kuwait, and United
    States hostages captured in Lebanon, and their family members.
      (2) For purposes of the protection of the identity of any
    individual, the Secretary of State may submit any certification
    under this subsection in classified form.
      (3) The Secretary of State may require of any individual such
    verification of hostage status as he may deem necessary.
      (d) Definitions.--For purposes of this section--
              (1) the term ``hostage status'' means, with respect
            to United States hostages in Iraq and Kuwait, the
            status of being held in custody by governmental or
            military authorities of a country or taking refuge
            within that country in fear of being taken into such
            custody (including residing in any diplomatic mission
            or consular post in that country); and, with respect to
            United States hostages captured in Lebanon, the status
            of a person described in paragraph (4)(B);
              (2) the term ``family members'' means spouses,
            dependents, and any individuals who are members of the
            households of United States hostages in Iraq and Kuwait
            or United States hostages captured in Lebanon;
              (3) the term ``United States economic sanctions
            against Iraq'' means the exercise of authorities under
            the International Emergency Economic Powers Act by the
            President with respect to financial transactions with
            Iraq;
              (4)(A) the term ``United States hostages in Iraq and
            Kuwait'' means United States nationals, or family
            members of United States nationals, who are in a
            hostage status in Iraq or Kuwait during the period
            beginning on August 2, 1990, and terminating on the
            date on which United States economic sanctions against
            Iraq are lifted; and
              (B) \16\ the term ``United States hostages captured
            in Lebanon'' means United States nationals, including
            lawful permanent residents of the United States, who
            have been forcibly detained, held hostage, or interned
            for any period of time after June 1, 1982, by any
            government (including the agents thereof) or group in
            Lebanon for the purpose of coercing the United States
            Government or any other government.
    ---------------------------------------------------------------------------
        \16\ Sec. 302(a)(4) of the Foreign Relations Authorization Act,
    Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 708), amended
    and restated subpar. (B), effective November 5, 1990. It formerly read
    as follows:
        ``(B) the term `United States hostages captured in Lebanon' means
    United States nationals who have been forcibly detained, held hostage,
    or interned by an enemy government or its agents, or a hostile force,
    in Lebanon since January 1, 1990.''.
    ---------------------------------------------------------------------------
              (5) the term ``United States national'' means any
            individual who is a citizen of the United States or
            who, though not a citizen of the United States, owes
            permanent allegiance to the United States.
      (e) Allocation of Funds.--(1) Of the funds appropriated by
    this Act under the heading ``Economic Support Fund'', up to
    $10,000,000 shall be available to carry out this section.
      (2) \17\ Notwithstanding any other provision of law, funds
    allocated under paragraph (1) are authorized to remain
    available until expended.
    ---------------------------------------------------------------------------
        \17\ Sec. 302(a)(5) of the Foreign Relations Authorization Act,
    Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 708), amended
    and restated par. (2), effective November 5, 1990. It formerly read as
    follows:
        ``(2) The authority to obligate funds under the authority provided
    by this section shall expire six months after the date of enactment of
    this Act.''.
    ---------------------------------------------------------------------------
              * * * * * * *
      This Act may be cited as the ``Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1991''.
         o. Foreign Operations, Export Financing, and Related Programs
                            Appropriations Act, 1990

        Partial text of Public Law 101-167 [H.R. 3743], 103 Stat. 1195,
      approved November 21, 1989, as amended by Public Law 101-302 [Dire
      Emergency Supplemental Appropriations for Disaster Assistance, Food
      Stamps, Unemployment Compensation Administration, and Other Urgent
    Needs, and Transfers, and Reducing Funds Budgeted for Military Spending
     Act of 1990; H.R. 4404], 104 Stat. 213, approved May 25, 1990; Public
    Law 101-513 [Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1991; H.R. 5114], 104 Stat. 1979, approved November
      5, 1990; Public Law 101-649 [Immigration Act of 1990; S. 358], 104
        Stat. 4978, approved November 29, 1990; Public Law 102-27 [Dire
      Emergency Supplemental Appropriations for Consequences of Operation
      Desert Shield/Desert Storm, Food Stamps, Unemployment Compensation
     Administration, Veterans Compensation and Pensions, and Other Urgent
    Needs Act of 1991; H.R. 1281], 105 Stat. 130, approved April 10, 1991;
     Public Law 102-138 [Foreign Relations Authorization Act, Fiscal Years
     1992 and 1993; H.R. 1415], 105 Stat. 647, approved October 28, 1991;
        Public Law 102-232 [Miscellaneous and Technical Immigration and
    Naturalization Amendments of 1991; H.R. 3049], 105 Stat. 1733, approved
       December 12, 1991; Public Law 102-391 [Foreign Operations, Export
     Financing, and Related Programs Appropriations Act, 1993; H.R. 5368],
       106 Stat. 1633, approved October 6, 1992; and Public Law 102-511
     [FREEDOM Support Act; S. 2532], 106 Stat. 3320, approved October 24,
     1992; Public Law 103-236 [Foreign Relations Authorization Act, Fiscal
      Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30,
        1994; Public Law 103-416 [Immigration and Nationality Technical
     Corrections Act of 1994; H.R. 783], 108 Stat. 4305, approved October
    25, 1994; Public Law 104-208 [Foreign Operations, Export Financing, and
     Related Programs Appropriations Act, 1997; sec. 101(c) of title I of
      the Omnibus Consolidated Appropriations Act, 1997; H.R. 3610], 110
      Stat. 3009, approved September 30, 1996; Public Law 104-319 [Human
     Rights, Refugee, and Other Foreign Relations Provisions Act of 1996;
     H.R. 4036], 110 Stat. 3864, approved October 19, 1996; Public Law 105-
        118 [Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1998; H.R. 2159], 111 Stat. 2386, approved November
     26, 1997; Public Law 105-277 [Departments of Labor, Health and Human
    Services, and Education, and Related Agencies Appropriations Act, 1999
    (division A, sec. 101(f)); H.R. 4328], 112 Stat. 2681, approved October
     21, 1998; Public Law 106-113 [Department of Health and Human Services
     Appropriations Act, 2000; title II of H.R. 3424, enacted by reference
     in sec. 1000(a)(4) of Consolidated Appropriations Act for Fiscal Year
     2000; H.R. 3194], 113 Stat. 1501, approved November 29, 1999; and by
     Public Law 106-554 [Departments of Labor, Health and Human Services,
      and Education, and Related Agencies Appropriations Act, 2001; H.R.
     5656, introduced on December 14, 2000, as enacted in sec. 1(a)(1) of
     the Consolidated Appropriations Act for Fiscal Year 2001; H.R. 4577],
                   114 Stat. 2763, approved December 21, 2000

    AN ACT Making appropriations for foreign operations, export financing,
    and related programs for the fiscal year ending September 30, 1990, and
                              for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for foreign operations,
    export financing, and related programs for the fiscal year
    ending September 30, 1990, and for other purposes, namely:
              * * * * * * *

                          TITLE V--GENERAL PROVISIONS

              * * * * * * *

                          UNITED NATIONS VOTING RECORD

        Sec. 527.\1\ (a) In General.--Not later than March 31 of
    each year, the Secretary of State shall transmit to the Speaker
    of the House of Representatives and the President of the Senate
    a full and complete annual report which assesses for the prior
    calendar year, with respect to each foreign country member of
    the United Nations, the voting practices of the governments of
    such countries at the United Nations, and evaluates General
    Assembly and Security Council actions and the responsiveness of
    those governments to United States policy on issues of special
    importance to the United States.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2414a.
    ---------------------------------------------------------------------------
        (b) Information on Voting Practices in the United
    Nations.--Such report shall include, with respect to voting
    practices and plenary actions in the United Nations during the
    preceding year, information to be compiled and supplied by the
    Permanent Representative of the United States to the United
    Nations, consisting of--
              (1) an analysis and discussion, prepared in
            consultation with the Secretary of State, of the extent
            to which member countries supported United States
            policy objectives at the United Nations;
              (2) an analysis and discussion, prepared in
            consultation with the Secretary of State, of actions
            taken by the United Nations by consensus;
              (3) with respect to plenary votes of the United
            Nations General Assembly--
                      (A) a listing of all such votes on issues
                    which directly affected important United States
                    interests and on which the United States
                    lobbied extensively and a brief description of
                    the issues involved in each such vote;
                      (B) a listing of the votes described in
                    subparagraph (A) which provides a comparison of
                    the vote cast by each member country with the
                    vote cast by the United States;
                      (C) a country-by-country listing of votes
                    described in subparagraph (A); and
                      (D) a listing of votes described in
                    subparagraph (A) displayed in terms of United
                    Nations regional caucus groups;
              (4) a listing of all plenary votes cast by member
            countries of the United Nations in the General Assembly
            which provides a comparison of the vote cast by each
            member country with the vote cast by the United States;
              (5) an analysis and discussion, prepared in
            consultation with the Secretary of State, of the extent
            to which other members supported United States policy
            objectives in the Security Council and a separate
            listing of all Security Council votes of each member
            country in comparison with the United States; and
              (6) a side-by-side comparison of agreement on
            important and overall votes for each member country and
            the United States.
        (c) Format.--Information required pursuant to subsection
    (b)(3) shall also be submitted, together with an explanation of
    the statistical methodology, in a format identical to that
    contained in chapter II of the March 14, 1988, Report to
    Congress on Voting Practices in the United Nations.
        (d) Statement by the Secretary of State.--Each report under
    subsection (a) shall contain a statement by the Secretary of
    State discussing the measures which have been taken to inform
    United States diplomatic missions of United Nations General
    Assembly and Security Council activities.
        (e) Technical and Conforming Amendments.-- * * *
              * * * * * * *

                           GLOBAL WARMING INITIATIVE

        Sec. 534. (a) Tropical Forestry Assistance.--(1) In order
    to achieve the maximum impact from activities relating to
    tropical forestry, the Agency for International Development
    shall focus tropical forestry assistance programs on the key
    middle- and low-income developing countries (hereinafter ``key
    countries'') which are projected to contribute large amounts of
    greenhouse gases related to global warming as a result of
    industrialization and the burning of fossil fuels, and
    destruction of tropical forests.
        (2) Funds appropriated to carry out the provisions of
    sections 103 and 106 of the Foreign Assistance Act of 1961, as
    amended, may be used by the Agency for International
    Development, notwithstanding any other provision of law, for
    the purpose of supporting tropical forestry programs aimed at
    reducing emissions of greenhouse gases with regard to the key
    countries in which deforestation makes a significant
    contribution to global warming, except that such assistance
    shall be subject to sections 116, 502B, and 620A of the Foreign
    Assistance Act of 1961.
        (3) In providing assistance relating to tropical forests,
    the Administrator of that Agency shall, to the extent feasible
    and appropriate, assist countries in developing a systematic
    analysis of the appropriate use of their total tropical forest
    resources, with the goal of developing a national program for
    sustainable forestry.
        (b) Energy Assistance.--(1) In order to achieve the maximum
    impact from activities relating to energy, the Agency for
    International Development shall focus energy assistance
    activities on the key countries, where assistance would have
    the greatest impact on reducing emissions from greenhouse
    gases. Such assistance shall be focused on improved energy
    efficiency, increased use of renewable energy resources and
    national energy plans (such as least-cost energy plans) which
    include investment in end-use efficiency and renewable energy
    resources.
        (2) Funds appropriated to carry out the provisions of
    sections 103 and 106 of the Foreign Assistance Act of 1961, as
    amended, may be used by the Agency for International
    Development, notwithstanding any other provision of law, for
    the purpose of supporting energy programs aimed at reducing
    emissions of greenhouse gases related to global warming with
    regard to the key countries, except that such assistance shall
    be subject to sections 116, 502B, and 620A of the Foreign
    Assistance Act of 1961.
        (3) It is the sense of the Congress that the Agency for
    International Development should increase its efforts in the
    fields of energy efficiency, renewable energy, and energy
    planning. Such increase should take place with respect to key
    countries and countries with large Economic Support Fund
    project assistance. Such efforts should include--
              (A) an increase in the number of Agency for
            International Development staff with energy expertise,
            including staff with expertise in renewable energy
            technologies and end-use efficiency;
              (B) assistance to develop analyses of energy-sector
            actions that could minimize emissions of greenhouse
            gases at least cost, while at the same time meeting
            basic economic and social development needs. Such
            assistance should include country-specific analyses
            which compare the economic and environmental costs of
            actions to promote energy efficiency and
            nonconventional renewable energy with the economic and
            environmental costs of investments to provide
            additional conventional energy supplies;
              (C) assistance to develop energy-sector plans that
            employ end-use analysis and other techniques to
            identify the most cost-effective actions to minimize
            increased reliance on fossil fuels, ensuring to the
            maximum extent feasible that nongovernmental
            organizations and academic institutions are involved in
            this planning;
              (D) insuring that AID energy assistance--including
            support for private-sector initiatives--is consistent
            with the analyses and plans described in subparagraphs
            (B) and (C) above, and that environmental impacts
            (including that on global warming) and alternatives
            have been fully analyzed;
              (E) assistance to improve efficiency in the
            production, transmission, distribution, and use of
            energy. Such assistance should focus on the development
            of institutions to (i) promote energy efficiency in all
            sectors of energy production and use, (ii) provide
            training and technical assistance to help energy
            producers and users identify cost-effective actions to
            improve energy efficiency, (iii) finance specific
            investments in energy efficiency in all sectors of
            energy production and use, and (iv) improve local
            capabilities in the research, development, and sale of
            energy efficient technologies;
              (F) assistance in exploiting nonconventional
            renewable energy resources, including wind, solar,
            small-hydro, geothermal, and advanced biomass systems.
            This assistance should also promote efficient use of
            traditional biomass fuels through improved fuelwood
            management and improved methods of charcoal production;
              (G) expanding efforts to meet the energy needs of the
            rural poor through the methods described in
            subparagraphs (E) and (F). Specifically these efforts
            should promote improved efficiency in the use of
            biomass fuels for household energy, improved systems of
            fuelwood management, and the development of the
            nonconventional renewable energy systems described in
            subparagraph (F);
              (H) encouraging host countries to sponsor meetings
            with officials from the United States utility sector
            who are leaders in energy efficiency and other United
            States experts to discuss the application of least-cost
            planning techniques;
              (I) developing a cadre of United States experts from
            industry, academia, nonprofit organizations, and
            government agencies capable of providing technical
            assistance to developing countries concerning energy
            policy and planning, energy efficiency and renewable
            energy resources;
              (J) in cooperation with the Department of Energy, the
            Environmental Protection Agency, the World Bank, and
            the Development Assistance Committee of the OECD,
            supporting research concerning the ways developing
            nations can meet their energy needs while minimizing
            global warming and how to meet those needs; and
              (K) strengthening the Agency for International
            Development's partnership with the Department of Energy
            in order to ensure that the Agency's energy efforts
            take full advantage of United States expertise and
            technology.
        (c) Reports and Authorities.--(1) The Agency for
    International Development, in consultation with the
    Environmental Protection Agency (EPA), the Department of State,
    and other appropriate agencies, shall submit to Congress no
    later than April 15, 1990, a report which (1) examines the
    potential contributions of developing countries to future
    global emissions of greenhouse gases under different economic
    growth scenarios, (2) estimates the relative contributions of
    those countries to global greenhouse gas emissions, and (3)
    identifies specific key countries which stand to contribute
    significantly to global greenhouse gas emissions, and in which
    actions to promote energy efficiency, reliance on renewable
    energy resources, and conservation of forest resources could
    significantly reduce emissions of greenhouse gases. This report
    should utilize existing data, including the models and
    methodologies already developed by the EPA for their report to
    Congress on policy options for stabilizing global climate.
        (2) Of the funds appropriated to carry out the provisions
    of sections 103 and 106 of the Foreign Assistance Act of 1961,
    as amended, the Agency for International Development may use
    such amounts as may be necessary to reimburse United States
    Government agencies, agencies of State governments, and
    institutions of higher learning for the full costs of employees
    detailed or assigned to the Agency for International
    Development for the purpose of carrying out activities relating
    to forestry and energy programs aimed at reducing emissions of
    greenhouse gases related to global warming. Personnel who are
    detailed or assigned for the purposes of this section shall not
    be included within any personnel ceiling applicable to any
    United States Government agency during the period of detail or
    assignment.
        (d) \2\ Export-Import Bank.--(1) Of the financing provided
    by the Export-Import Bank that is utilized for the support of
    exports for the energy sector, the Bank shall seek to provide
    not less than 5 per centum of such financing for renewable
    energy projects.
    ---------------------------------------------------------------------------
        \2\ 12 U.S.C. 635g note.
    ---------------------------------------------------------------------------
        (2) The Export-Import Bank shall take all appropriate steps
    to finance information exchanges and training whose purpose it
    is to help link United States producers in the renewable energy
    sector with assistance programs and potential foreign
    customers.
        (3) Beginning on April 15, 1990, the Chairman of the
    Export-Import Bank shall submit an annual report to the
    Committees on Appropriations on the Bank's implementation of
    this subsection.
              * * * * * * *

                           NARCOTICS CONTROL PROGRAM

        Sec. 569. * * *
        (d)(1) \3\ If any funds made available for any fiscal year
    for security assistance are not used for assistance for the
    country for which those funds were allocated because of any
    provision of law requiring the withholding of assistance for
    countries that have not taken adequate steps to halt illicit
    drug production of trafficking, the President shall use those
    funds for additional assistance for those countries which have
    met their illicit drug eradication targets or have otherwise
    taken significant steps to halt illicit drug production or
    trafficking, as follows:
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2291 note.
    ---------------------------------------------------------------------------
              (A) Those funds may be transferred to and
            consolidated with the funds made available to carry out
            section 481 of the Foreign Assistance Act of 1961 in
            order to provide additional narcotics control
            assistance for those countries. Funds transferred under
            this paragraph may only be used to provide increased
            funds for activities previously justified to the
            Congress. Transfers may be made under this paragraph
            without regard to the 20-percent increase limitation
            contained in section 610 of the Foreign Assistance Act.
              (B) Any such funds not used under subparagraph (A)
            shall be reprogrammed within the account for which they
            were appropriated (subject to the regular reprogramming
            procedures of the Committees on Appropriations) in
            order to provide additional security assistance for
            those countries.
        (2) As used in this section, the term ``security
    assistance'' means economic support fund assistance, foreign
    military financing, and international military education and
    training.
              * * * * * * *

          MODERNIZATION OF MILITARY CAPABILITIES OF CERTAIN COUNTRIES

        Sec. 573.\4\ (a) Authority To Transfer Excess Defense
    Articles.--
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 2321j note.
    ---------------------------------------------------------------------------
              (1) NATO southern flank countries.--The President may
            transfer--
                      (A) to any NATO southern flank country which
                    is eligible for United States security
                    assistance and which is integrated into NATO's
                    military structure; and
                      (B) to any major non-NATO ally on the
                    southern and southeastern flank of NATO which
                    is eligible for United States security
                    assistance, such excess defense articles as may
                    be necessary to help modernize the defense
                    capabilities of such country.
              (2) Major illicit drug producing countries.--Subject
            to subsection (f), the President may transfer to any
            country--
                      (A) which is a major illicit drug producing
                    country,
                      (B) which has a democratic government, and
                      (C) whose armed forces do not engage in a
                    consistent pattern of gross violations of
                    internationally recognized human rights, such
                    excess defense articles as may be necessary to
                    carry out subsection (f)(1).
              (3) Terms of transfers.--Excess defense articles may
            be transferred under this section without cost to the
            recipient country.
        (b) Limitations on Transfers.--The President may transfer
    excess defense articles under this section only if--
              (1) they are drawn from existing stocks of the
            Department of Defense;
              (2) funds available to the Department of Defense for
            the procurement of defense equipment are not expended
            in connection with the transfer; and
              (3) the President determines that the transfer of the
            excess defense articles will not have an adverse impact
            on the military readiness of the United States.
        (c) Notification to Congress.--
              (1) Advance notice.--The President may not transfer
            excess defense articles under this section until thirty
            days after the President has provided notice of the
            proposed transfer to the committees specified in
            paragraph (2). This notification shall include--
                      (A) a certification of the need for the
                    transfer;
                      (B) an assessment of the impact of the
                    transfer on the military readiness of the
                    United States; and
                      (C) the value of the excess defense articles
                    to be transferred.
              (2) Committees to be notified.--Notice shall be
            provided pursuant to paragraph (1) to the Committee on
            Foreign Affairs, and the Committee on Appropriations of
            the House of Representatives and the Committee on Armed
            Services, the Committee on Foreign Relations, and the
            Committee on Appropriations of the Senate.
        (d) Waiver of Requirement for Reimbursement of DOD
    Expenses.--Section 632(d) of the Foreign Assistance Act of 1961
    does not apply with respect to transfers of excess defense
    articles under this section.
        (e) \5\ Maintenance of Military Balance in Eastern
    Mediterranean.--
    ---------------------------------------------------------------------------
        \5\ Sec. 578(b) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1993 (Public Law 102-391; 106
    Stat. 1685), provided that:
        ``(b) During fiscal year 1993, the provisions of section 573(e) of
    the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1990, (as amended by subsection (a) of this
    section) shall be applicable, for the period specified therein, to
    excess defense articles made available under sections 516 and 519 of
    the Foreign Assistance Act of 1961.''.
        See paragraph (2) for subsec. (a) amendment.
    ---------------------------------------------------------------------------
              (1) United states policy.--The Congress intends that
            excess defense articles be made available under this
            section consistent with the United States policy,
            established by section 841 of the International
            Cooperation Act of 1989, of maintaining the military
            balance in the Eastern Mediterranean.
              (2) Maintenance of balance.--Accordingly, the
            President shall ensure that, over the four-year period
            beginning on October 1, 1992,\6\ the ratio of--
    ---------------------------------------------------------------------------
        \6\ Sec. 578(a) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1993 (Public Law 102-391; 106
    Stat. 1685), struck out ``three year [sic] period beginning on October
    1, 1989'' and inserted in lieu thereof ``four-year period beginning on
    October 1, 1992''.
    ---------------------------------------------------------------------------
                      (A) the value of excess defense articles made
                    available for Turkey under this section, to
                      (B) the value of excess defense articles made
                    available for Greece under this section,
                    closely approximates the ratio of--
                              (i) the amount of foreign military
                            financing provided for Turkey, to
                              (ii) the amount of foreign military
                            financing provided for Greece.
              (3) Exception to requirement.--This subsection shall
            not apply if either Greece or Turkey ceases to be
            eligible to receive excess defense articles under
            subsection (a).
        (f) Major Illicit Drug Producing Countries in Latin America
    and the Caribbean.--
              (1) Purpose.--Excess defense articles shall be
            transferred under subsection (a)(2) for the purpose of
            encouraging the military forces of an eligible country
            in Latin America and the Caribbean to participate with
            local law enforcement agencies in a comprehensive
            national antinarcotics program, conceived and developed
            by the government of that country, by conducting
            activities within that country and on the high seas to
            prevent the production, processing, trafficking,
            transportation, and consumption of illicit narcotic or
            psychotropic drugs or other controlled substances.
              (2) Uses of excess defense articles.--Excess defense
            articles may be furnished to a country under subsection
            (a)(2) only if that country ensures that those excess
            defense articles will be used only in support of
            antinarcotics activities.
              (3) Role of the secretary of state.--The Secretary of
            State shall determine the eligibility of countries to
            receive excess defense articles under subsection (a)(2)
            and insure that any transfer is coordinated with other
            antinarcotics enforcement programs assisted by the
            United States Government.
              (4) Limitation.--The aggregate value of excess
            defense articles transferred to a country under
            subsection (a)(2) in any fiscal year may not exceed
            $10,000,000.
        (g) Definitions.--As used in this section--
              (1) the term ``excess defense article'' has the
            meaning given that term by section 644(g);
              (2) the term ``made available'' means that a good
            faith offer is made by the United States to furnish the
            excess defense articles to a country;
              (3) the term ``major non-NATO ally'' includes
            Australia, Egypt, Israel, Japan, and New Zealand;
              (4) the term ``NATO'' means the North Atlantic Treaty
            Organization; and
              (5) the term ``NATO southern flank countries'' means
            Greece, Italy, Portugal, Spain, and Turkey.
              * * * * * * *

                              STINGERS FOR BAHRAIN

        Sec. 581. (a) Previously Transferred Stingers.--
    Notwithstanding section 580,\7\ section 573(b)(4) of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1988,\8\ and section 566(b)(4) of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1989,\9\ shall cease to apply with respect
    to Stingers made available to Bahrain under those sections if
    the President determines, and notifies the Committees on
    Appropriations and the Committee on Foreign Affairs of the
    House of Representatives and the Committee on Foreign Relations
    of the Senate, that--
    ---------------------------------------------------------------------------
        \7\ Sec. 580 provided that ``Except as provided in section 581, the
    United States may not sell or otherwise make available any Stingers to
    any country bordering the Persian Gulf under the Arms Export Control
    Act of chapter 2 of part II of the Foreign Assistance Act of 1961.''.
        \8\ Sec. 573(b)(4) provided:
        ``(4) the recipient country has agreed to a United States buyback
    of all the remaining missiles and components which have not been
    destroyed or fired in order to return them to the possession and
    control of the United States when another United States air defense
    system which meets the military requirements can be made available or
    not more than 18 months from the enactment of this legislation.''.
        \9\ Sec. 566(b)(4) provided the same intent as the previous note.
    ---------------------------------------------------------------------------
              (1) the Stingers are needed by Bahrain to counter an
            immediate air threat or to contribute to the protection
            of United states personnel, facilities, equipment, or
            operations;
              (2) no other appropriate system is available from the
            United States;
              (3) Bahrain has agreed, in writing, to such
            safeguards to protect against diversion of the Stingers
            as may be required by the United States; and
              (4) Bahrain has agreed in writing to return to the
            possession and control of the United States all
            Stingers made available under those sections and
            subsection (b) of this section, other than Stingers
            which have been fired or otherwise destroyed, at any
            time the United States determines, subject to
            subsection (c).
        (b) Replacement Stingers.--Notwithstanding section 580,
    Stingers may be made available to Bahrain under the Arms Export
    Control Act of the Foreign Assistance Act of 1961 after
    September 30, 1989, in order to replace, on a one-for-one
    basis, Stingers previously made available under this
    subsection, sec. 573 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1988, or
    section 566 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1989, that have been fired
    or otherwise destroyed, subject to the following conditions:
              (1) Determinations.--Replacement Stingers may be made
            available to Bahrain pursuant to this subsection only
            if the President makes the determinations specified in
            paragraphs (1) through (4) of subsection (a).
              (2) Notice to congress before stingers are
            transferred.--At least 30 days before making any
            replacement Stingers available to Bahrain pursuant to
            this subsection, the President shall notify the
            committees designated in subsection (a) that he has
            made the determinations required by paragraph (1). Any
            such notification shall include the information
            required in a certification under section 36(b) of the
            Arms Export Control Act. This paragraph applies without
            regard to the value of the Stingers to be made
            available.
        (c) Return of Stingers to the United States.--All Stingers
    made available to Bahrain pursuant to subsections (a) and (b),
    other than those fired or otherwise destroyed, shall be
    returned to the possession and control of the United states not
    later than September 30, 1991, unless the President--
              (1) determines that each of the conditions specified
            in subsection (a) continues to apply; and
              (2) notifies the committees designated in subsection
            (a) not later than September 15, 1991, in accordance
            with the regular reprogramming procedures of such
            committees, that the United States intends to waive the
            requirement that the Stingers be returned to the United
            States by the date specified in the subsection.
              * * * * * * *

           ESTABLISHING CATEGORIES OF ALIENS FOR PURPOSES OF REFUGEE
                                 DETERMINATIONS

        Sec. 599D.\10\ (a) In General.--In the case of an alien who
    is within a category of aliens established under subsection
    (b), the alien may establish, for purposes of admission as a
    refugee under section 207 of the Immigration and Nationality
    Act, that the alien has a well-founded fear of persecution on
    account of race, religion, nationality, membership in a
    particular social group, or political opinion by asserting such
    a fear and asserting a credible basis for concern about the
    possibility of such persecution.
    ---------------------------------------------------------------------------
        \10\ 8 U.S.C. 1157 note. A subsec. (f) at the end of this section,
    relating to GAO Reports on Soviet Refugee Processing, was repealed by
    sec. 582(c) of Public Law 102-391 (106 Stat. 1686). Sec. 905(c) of the
    FREEDOM Support Act (Public Law 102-511; 106 Stat. 3356) made the same
    amendment.
    ---------------------------------------------------------------------------
        (b) Establishment of Categories.--
              (1) For purposes of subsection (a), the Attorney
            General, in consultation with the Secretary of State
            and the Coordinator for Refugee Affairs, shall
            establish--
                      (A) one or more categories of aliens who are
                    or were nationals and residents of an
                    independent state of the former Soviet Union or
                    of Estonia, Latvia, or Lithuania \11\ and who
                    share common characteristics that identify them
                    as targets of persecution in that state \12\ on
                    account of race, religion, nationality,
                    membership in a particular social group, or
                    political opinion, and
    ---------------------------------------------------------------------------
        \11\ Sec. 582(b)(1)(A) of Public Law 102-391 (106 Stat. 1686)
    struck out ``of the Soviet Union'' each place it appeared in pars.
    (1)(A), (2)(A), and (2)(B), and inserted in lieu thereof ``of an
    independent state of the former Soviet Union or of Estonia, Latvia, or
    Lithuania''. Sec. 905(b)(1)(A) of the FREEDOM Support Act (Public Law
    102-511; 106 Stat. 3356) made the same amendment.
        \12\ Sec. 582(b)(1)(B) of Public Law 102-391 (106 Stat. 1686)
    struck out ``in the Soviet Union'' and inserted in lieu thereof ``in
    that state''. Sec. 905(b)(1)(B) of the FREEDOM Support Act (Public Law
    102-511; 106 Stat. 3356) made the same amendment.
    ---------------------------------------------------------------------------
                      (B) one or more categories of aliens who are
                    or were nationals and residents of Vietnam,
                    Laos, or Cambodia and who share common
                    characteristics that identify them as targets
                    of persecution in such respective foreign state
                    on such an account.
              (2)(A) Aliens who are (or were) nationals and
            residents of an independent state of the former Soviet
            Union or of Estonia, Latvia, or Lithuania \11\ and who
            are Jews or Evangelical Christians shall be deemed a
            category of alien established under paragraph (1)(A).
              (B) Aliens who are (or were) nationals of an
            independent state of the former Soviet Union or of
            Estonia, Latvia, or Lithuania \11\ and who are current
            members of, and demonstrate public, active, and
            continuous participation (or attempted participation)
            in the religious activities of, the Ukrainian Catholic
            Church or the Ukrainian Orthodox Church, shall be
            deemed a category of alien established under paragraph
            (1)(A).
              (C) Aliens who are (or were) nationals and residents
            of Vietnam, Laos, or Cambodia and who are members of
            categories of individuals determined, by the Attorney
            General in accordance with ``Immigration and
            Naturalization Service Worldwide Guidelines for
            Overseas Refugee Processing'' (issued by the
            Immigration and Naturalization Service in August 1983)
            shall be deemed a category of alien established under
            paragraph (1)(B).
              (3) Within the number of admissions of refugees
            allocated for each of fiscal years 1990, 1991, and 1992
            \13\ for refugees who are nationals of the Soviet Union
            under section 207(a)(3) of the Immigration and
            Nationality Act and within the number of such
            admissions allocated for each of fiscal years 1993,
            1994, 1995, 1996, 1997, 1998, 1999, 2000, and 2001 \14\
            for refugees who are nationals of the independent
            states of the former Soviet Union, Estonia, Latvia, and
            Lithuania under such section,\15\ notwithstanding any
            other provision of law, the President shall allocate
            one thousand of such admissions for such fiscal year to
            refugees who are within the category of aliens
            described in paragraph (2)(B).
    ---------------------------------------------------------------------------
        \13\ Sec. 598(a)(1) of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2063), struck out ``fiscal year 1990'' and inserted in lieu
    thereof ``for each of fiscal years 1990, 1991, and 1992''.
        \14\ Sec. 512(1)(A) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 466) struck
    out ``1993 and 1994'' and inserted in lieu thereof ``1993, 1994, 1995,
    and 1996''. Sec. 575(1)(A) of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1997 (sec. 101(c) of title I
    of the Omnibus Consolidated Appropriations Act, 1997; Public Law 104-
    208; 110 Stat. 3009) further extended this to include 1997. Sec.
    101(1)(A) of Public Law 104-319 (110 Stat. 3864) made the same
    amendment as Public Law 104-208. Sec. 574(1)(A) of the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1998 (Public Law 105-118; 111 Stat. 2432), struck out ``and 1997'' and
    inserted in lieu thereof ``1997, and 1998''. Sec. 705(1)(A) of the
    Departments of Labor, Health and Human Services, and Education, and
    Related Agencies Appropriations Act, 1999 (division A, sec. 101(f), of
    Public Law 105-277; 112 Stat. 2681) struck out ``1997, and 1998'' and
    inserted in lieu thereof ``1997, 1998, and 1999''. Sec. 214(1)(A) of
    the Department of Health and Human Services Appropriations Act, 2000
    (title II of H.R. 3424, enacted by reference in sec. 1000(a)(4) of
    Public Law 106-113; 113 Stat. 1535), struck out ``1997, 1998, and
    1999'', and inserted in lieu thereof ``1997, 1998, 1999, and 2000''.
    Sec. 212(1)(A) of the Departments of Labor, Health and Human Services,
    Education, and Related Agencies Appropriations Act, 2001 (H.R. 5657,
    introduced on December 14, 2000, as enacted in sec. 1(a)(1) of Public
    Law 106-554; 114 Stat. 2763), struck out ``1997, 1998, 1999, and 2000''
    and inserted in lieu thereof ``1998, 1999, 1999, 2000, and 2001''.
        \15\ Sec. 582(a)(1)(A) of Public Law 102-391 (106 Stat. 1686)
    inserted ``and within the number of such admissions allocated for each
    of fiscal years 1993 and 1994 for refugees who are nationals of the
    independent states of the former Soviet Union, Estonia, Latvia, and
    Lithuania under such section'' after ``Act''.
        Sec. 905(a)(1) of the FREEDOM Support Act (Public Law 102-511; 106
    Stat. 3356) made the same amendment.
    ---------------------------------------------------------------------------
        (c) Written Reasons for Denials of Refugee Status.--Each
    decision to deny an application for refugee status of an alien
    who is within a category established under this section shall
    be in writing and shall state, to the maximum extent feasible,
    the reason for the denial.
        (d) Permitting Certain Aliens Within Categories to Reapply
    for Refugee Status.--Each alien who is within a category
    established under this section and who (after August 14, 1988,
    and before the date of the enactment of this Act) was denied
    refugee status shall be permitted to reapply for such status.
    Such an application shall be determined taking into account the
    application of this section.
        (e) Period of Application.--
              (1) Subsections (a) and (b) shall take effect on the
            date of the enactment of this Act and shall only apply
            to applications for refugee status submitted before
            October 1, 2001.\16\
    ---------------------------------------------------------------------------
        \16\ Sec. 598(a)(2) of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2063), struck out ``October 1, 1990'' at each place it appeared
    in subsec. (e), and inserted in lieu thereof ``October 1, 1992''.
        Subsequently, sec. 582(a)(1)(B) of Public Law 102-391 (106 Stat.
    1686) extended this date to October 1, 1994. Sec. 905(a)(2) of the
    FREEDOM Support Act (Public Law 102-511; 106 Stat. 3356) made the same
    amendment. Sec. 512(1)(B) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 466) further
    extended this date to October 1, 1996. Subsequent to that amendment,
    sec. 575(1)(b) of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1997 (sec. 101(c) of title I of the
    Omnibus Consolidated Appropriations Act, 1997; Public Law 104-208; 110
    Stat. 3009) extended the date to October 1, 1997. Sec. 101(1)(B) of
    Public Law 104-319 (110 Stat. 3864) made the same amendment as Public
    Law 104-208. Sec. 574(1)(B) of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1998 (Public Law
    105-118; 111 Stat. 2432), extended the date to October 1, 1998. Sec.
    705(1)(B) of the Departments of Labor, Health and Human Services, and
    Education, and Related Agencies Appropriations Act, 1999 (division A,
    sec. 101(f), of Public Law 105-277; 112 Stat. 2681) extended the date
    to October 1, 1999. Sec. 214(1)(B) of the Department of Health and
    Human Services Appropriations Act, 2000 (H.R. 3424, enacted by
    reference in sec. 1000(a)(4) of Public Law 106-113; 113 Stat. 1535),
    extended the date to October 1, 2000. Sec. 212(1)(B) of the Departments
    of Labor, Health and Human Services, Education, and Related Agencies
    Appropriations Act, 2001 (H.R. 5657, introduced on December 14, 2000,
    as enacted in sec. 1(a)(1) of Public Law 106-554; 114 Stat. 2763),
    extended the date to October 1, 2001.
    ---------------------------------------------------------------------------
              (2) Subsection (c) shall apply to decisions made
            after the date of the enactment of this Act and before
            October 1, 2000.\16\
              (3) Subsection (d) shall take effect on the date of
            the enactment of this Act and shall only apply to
            reapplications for refugee status submitted before
            October 1, 2000.\16\

        ADJUSTMENT OF STATUS FOR CERTAIN SOVIET AND INDOCHINESE PAROLEES

        Sec. 599E.\17\ (a) In General.--The Attorney General shall
    adjust the status of an alien described in subsection (b) to
    that of an alien lawfully admitted for permanent residence if
    the alien--
    ---------------------------------------------------------------------------
        \17\ 8 U.S.C. 1255 note.
    ---------------------------------------------------------------------------
              (1) applies for such adjustment,
              (2) has been physically present in the United States
            for at least 1 year and is physically present in the
            United States on the date the application for such
            adjustment is filed,
              (3) is admissible to the United States as an
            immigrant, except as provided in subsection (c), and
              (4) pays a fee (determined by the Attorney General)
            for the processing of such application.
        (b) Aliens Eligible for Adjustment of Status.--The benefits
    provided in subsection (a) shall only apply to an alien who--
              (1) was a national of an independent state of the
            former Soviet Union, Estonia, Latvia, Lithuania,\18\
            Vietnam, Laos, or Cambodia, and
    ---------------------------------------------------------------------------
        \18\ Sec. 582(b)(2) of Public Law 102-391 (106 Stat. 1686) struck
    out ``of the Soviet Union,'' and inserted in lieu thereof ``of an
    independent state of the former Soviet Union, Estonia, Latvia,
    Lithuania,''. Sec. 905(b)(2) of the FREEDOM Support Act (Public Law
    102-511; 106 Stat. 3356) made the same amendment.
    ---------------------------------------------------------------------------
              (2) was inspected and granted parole into the United
            States during the period beginning on August 15, 1988,
            and ending on September 30, 2001,\19\ after being
            denied refugee status.
    ---------------------------------------------------------------------------
        \19\ Sec. 598(b) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2063), struck out ``September 30, 1990'' at this point and
    inserted in lieu thereof ``September 30, 1992''. Subsequently, sec.
    582(a)(2) of Public Law 102-391 (106 Stat. 1686) extended the date to
    September 30, 1994. Sec. 512(2) of the Foreign Relations Authorization
    Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 466)
    further extended this date to September 30, 1996. Sec. 575(2) of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1997 (sec. 101(c) of title I of the Omnibus
    Consolidated Appropriations Act, 1997; Public Law 104-208; 110 Stat.
    3009) further extended the date to September 30, 1997. Sec. 101(2) of
    Public Law 104-319 (110 Stat. 3864) made the same amendment as Public
    Law 104-208. Sec. 574(2) of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
    Stat. 2432) extended the date to September 30, 1998. Sec. 705(2) of the
    Departments of Labor, Health and Human Services, and Education, and
    Related Agencies Appropriations Act, 1999 (division A, sec. 101(f), of
    Public Law 105-277; 112 Stat. 2681) extended this date to September 30,
    1999. Sec. 214(2) of the Department of Health and Human Services
    Appropriations Act, 2000 (H.R. 3424, enacted by reference in sec.
    1000(a)(4) of Public Law 106-113; 113 Stat. 1535), extended this date
    to September 30, 2000. Sec. 212(2) of the Departments of Labor, Health
    and Human Services, Education, and Related Agencies Appropriations Act,
    2001 (H.R. 5657, introduced on December 14, 2000, as enacted in sec.
    1(a)(1) of Public Law 106-554; 114 Stat. 2763), extended the date to
    September 30, 2001.
    ---------------------------------------------------------------------------
        (c) Waiver of Certain Grounds for Inadmissibility.--The
    provisions of paragraphs (4), (5), and (7)(A) \20\ of section
    212(a) of the Immigration and Nationality Act shall not apply
    to adjustment of status under this section and the Attorney
    General may waive any other provision of such section (other
    than paragraph (2)(C) or subparagraph \21\ (A), (B), (C), or
    (E) of paragraph (3)) \22\ with respect to such an adjustment
    for humanitarian purposes, to assure family unity, or when it
    is otherwise in the public interest.
    ---------------------------------------------------------------------------
        \20\ Sec. 603(a)(22) of Public Law 101-649 (104 Stat. 5084) struck
    out ``(14), (15), (20), (21), (25), (28) (other than subparagraph (F)),
    and (32)'' and inserted in lieu thereof ``(4), (5), and (7)(A)''.
        \21\ Sec. 219(bb) of the Immigration and Nationality Technical
    Corrections Act of 1994 (Public Law 103-416; 108 Stat. 4319) struck out
    ``and subparagraphs'' and inserted in lieu thereof ``or subparagraph''.
        \22\ Sec. 307(l)(9) of Public Law 102-232 (105 Stat. 1757) struck
    out ``(23)(B), (27), (29), or (33)'' and inserted in lieu thereof
    ``(2)(C) and subparagraphs (A), (B), (C), or (E) of paragraph (3)''.
    ---------------------------------------------------------------------------
        (d) Date of Approval.--Upon the approval of such an
    application for adjustment of status, the Attorney General
    shall create a record of the alien's admission as a lawful
    permanent resident as of the date of the alien's inspection and
    parole described in subsection (b)(2).
        (e) No Offset in Number of Visas Available.--When an alien
    is granted the status of having been lawfully admitted for
    permanent residence under this section, the Secretary of State
    shall not be required to reduce the number of immigrant visas
    authorized to be issued under the Immigration and Nationality
    Act.
              * * * * * * *
        This Act may be cited as the ``Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1990''.
         p. Foreign Operations, Export Financing, and Related Programs
                            Appropriations Act, 1988

       Partial text of Public Law 100-202 [Sec. 101(e) of the Continuing
     Appropriations for 1988, H.J. Res. 395], 101 Stat. 1329-131, approved
         December 22, 1987, as amended by Public Law 100-461 [Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1989; H.R. 4637], 102 Stat. 2268, approved October 1, 1988; Public Law
     100-690 [International Narcotics Control Act of 1988, H.R. 5210], 102
      Stat. 4181, approved November 18, 1988; Public Law 101-167 [Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
     1990; H.R. 3743], 103 Stat. 1195, approved November 21, 1989; Public
     Law 101-240 [International Development and Finance Act of 1989, H.R.
     2494], 103 Stat. 2492, approved December 19, 1989; Public Law 101-513
          [Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1991; H.R. 5114], 104 Stat. 1979, approved November
      5, 1990; Public Law 101-649 [Immigration Act of 1990; S. 358], 104
      Stat. 4978, approved November 29, 1990; H.R. 2621 as passed by the
    House on June 19, 1991 [sections of which were enacted by reference by
      Public Law 102-145 [Further Continuing Appropriations, Fiscal Year
    1992; H.J. Res. 360]], as amended, 105 Stat. 968, approved October 28,
     1991; and Public Law 102-232 [Miscellaneous and Technical Immigration
      and Naturalization Amendments of 1991; H.R. 3049], 105 Stat. 1733,
                           approved December 12, 1991

       JOINT RESOLUTION Making further continuing appropriations for the
                   fiscal year 1988, and for other purposes.

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That--
              * * * * * * *

    AN ACT Making appropriations for foreign operations, export financing,
    and related programs for the fiscal year ending September 30, 1988, and
                              for other purposes.

              * * * * * * *

                         TITLE III--MILITARY ASSISTANCE

                      Funds Appropriated to the President

              * * * * * * *

                       FOREIGN MILITARY SALES DEBT REFORM

      (a) Refinancing.--Notwithstanding any other provision of law,
    the President is authorized during fiscal years 1988 through
    1991 to transfer existing United States guaranties of
    outstanding Foreign Military Sales (FMS) credit debt, or to
    issue new guaranties, either of which would be applied to
    loans, bonds, notes or other obligations made or issued (as the
    case may be) by private United States financial institutions
    (the private lender) to finance the prepayment at par of the
    principal amounts maturing after September 30, 1989 of existing
    FMS loans bearing interest rates of eight \1\ percent or
    higher, and arrearages thereon. The loans, bonds, notes or
    other obligations are hereinafter referred to as the ``private
    loan'': Provided, That such guaranties which are transferred or
    are made pursuant to paragraph (a) shall cover no more and no
    less than ninety percent of the private loan or any portion or
    derivative thereof plus unpaid accrued interest and arrearages,
    if any, outstanding at the time of guaranty transfer or
    extension: Provided further, That the total amount of the
    guaranty of the private loan cannot exceed ninety percent of
    the outstanding principal, unpaid accrued interest and
    arrearages, if any, at any time: Provided further, That of the
    total amount of the private loan, the ninety percent guaranteed
    portion of the private loan cannot be separated from the
    private loan at any time: Provided further, That no sums in
    addition to the payment of the outstanding principal amounts
    maturing after September 30, 1989 of the loan (or advance),
    plus unpaid accrued interest thereon, and arrearages, if any,
    shall be charged by the private lender or the Federal Financing
    Bank as a result of such prepayment against the borrower, the
    guarantor, or the Guaranty Reserve Fund (GRF), except that the
    private lender may include, in the interest rate charged, a
    standard fee to cover costs, such fee which will be set at
    prevailing market rates, and no guaranty fee shall be charged
    on guarantees transferred or issued pursuant to this provision:
    Provided further, That the terms of guaranties transferred or
    issued under this paragraph shall be exactly the same as the
    existing loans or guarantees, except as modified by this
    paragraph and including but not limited to the final maturity
    and principal and interest payment structure of the existing
    loans which shall not be altered, except that the repayments of
    the private loan issued debt may be consolidated into two
    payments per year: Provided further, That the private loan or
    guarantees transferred or issued pursuant to this paragraph
    shall be fully and freely transferable, except that any
    guaranty transferred or extended shall cease to be effective if
    the private loan or any derivative thereof is to be used to
    provide significant support for any non- registered obligation:
    Provided further, That for purposes of sections 23 and 24 of
    the Arms Export Control Act (AECA), the term ``defense
    services'' shall be deemed to include the refinancing of FMS
    debt outstanding at the date of the enactment of this Act:
    Provided further, That not later than ninety days after the
    enactment of this Act, the Secretary of the Treasury
    (Secretary) shall issue regulations to carry out the purposes
    of this heading and that in issuing such regulations, the
    Secretary shall (1) facilitate the prepayment of loans and loan
    advances hereunder, (2) provide for full processing of each
    application within thirty days of its submission to the
    Secretary, and (3) except as provided in section 24(a) of the
    AECA, impose no restriction that increases the cost to
    borrowers of obtaining private financing for prepayment
    hereunder or that inhibits the ability of the borrower to enter
    into prepayment arrangements hereunder: Provided further, That
    the Secretary of State shall transmit to the Committee on
    Foreign Affairs of the House of Representatives, the Committee
    on Foreign Relations of the Senate, and the Committees on
    Appropriations of the House of Representatives and Senate, a
    copy of the text of any agreement entered into pursuant to this
    section not more than thirty days after its entry into force,
    together with a description of the transaction.
    ---------------------------------------------------------------------------
        \1\ Title III of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
    Stat. 1214) amended subsections (a) and (b) by striking all reference
    to ``ten'' and inserting in lieu thereof ``eight''.
    ---------------------------------------------------------------------------
      (b) \2\ * * * [Repealed--1992]
    ---------------------------------------------------------------------------
        \2\ The paragraph under ``Foreign Military Sales Debt Reform'' in
    H.R. 2621 as passed by the House on June 19, 1991, and enacted by
    reference in sec. 118 of the Further Continuing Appropriations (Public
    Law 102-145, as amended by Public Law 102-266) repealed subsec. (b),
    which had provided as follows:
        ``(b) Interest Rate Reduction.--Notwithstanding any other provision
    of law, there is hereby appropriated such sums as may be necessary, but
    not more than $270,000,000, to be made available after October 1, 1988
    to the Secretary of Defense for the Defense Security Assistance Agency
    for deposit into a new account, to remain available until expended:
    Provided, That the funds shall be used solely for the purpose of
    lowering the interest rate on Foreign Military Sales (FMS) credits
    which were financed through the Federal Financing Bank (FFB) for
    countries which do not refinance one or more FFB loans pursuant to
    paragraph (a) of this heading, and which loans have interest rates
    exceeding eight percent, down to an interest rate of eight percent for
    the remaining life of such loans: Provided further, That these funds
    shall be available only subject to a Presidential budget request:
    Provided further, That it is the intent of the Congress that these
    funds shall be available to all countries having FMS credits from the
    FFB that carry interest rates in excess of eight percent.''.
    ---------------------------------------------------------------------------
      (c) Arrearages.--(1) None of the funds provided pursuant to
    the Arms Export Control Act (relating to Foreign Military Sales
    credits) or pursuant to chapter 2 of part II of the Foreign
    Assistance Act (relating to the Military Assistance program)
    shall be made available to any country for which one or more
    loans is refinanced pursuant to paragraph (a) of this heading
    and which is in default for a period in excess of ninety days
    in payment of principal or interest on (A) any loan made to
    such country guaranteed by the United States pursuant to
    paragraph (a) of this heading, and (B) any other loan issued
    pursuant to the Arms Export Control Act outstanding on the date
    of enactment of this provision.
      (2) In conjunction with any interest rate reduction pursuant
    to the authority provided in paragraph (b) of this heading, the
    President shall require the country to commit in writing that
    within two years of the effective date of the interest rate
    reduction it will be no more than ninety days in arrears on the
    repayment of principal and interest on all loans for which the
    interest rate is thus reduced and will remain no more than
    ninety days in arrears for the remaining life of all such
    loans. None of the funds provided pursuant to the Arms Export
    Control Act or chapter 2 of part II of the Foreign Assistance
    Act shall be made available to any country during any period in
    which it fails to comply with such commitment.
      (d) Purposes and Reports.--The authorities of paragraphs (a)
    and (b) of this heading may be utilized by the President in
    efforts to negotiate base rights and base access agreements,
    and for other bilateral foreign policy matters: Provided
    further, That the Secretaries of Defense, State, and Treasury
    shall transmit to the Committee on Foreign Affairs of the House
    of Representatives, the Committee on Foreign Relations of the
    Senate, and the Committees on Appropriations of the House of
    Representatives and Senate a joint report detailing the United
    States financial and foreign policy purposes served by
    implementation of this authority on a country by country basis
    not later than March 1, 1989, and a second joint report not
    later than August 1, 1989.
              * * * * * * *

                          TITLE V--GENERAL PROVISIONS

              * * * * * * *

                             AMERASIAN IMMIGRATION

      Sec. 584. (a)(1) Notwithstanding any numerical limitations
    specified in the Immigration and Nationality Act, the Attorney
    General may admit aliens described in subsection (b) to the
    United States as immigrants if--
              (A) they are admissible (except as otherwise provided
            in paragraph (2)) as immigrants, and
              (B) they are issued an immigrant visa and depart from
            Vietnam on or after March 22, 1988, and ending on
            September 30, 1990.\3\
    ---------------------------------------------------------------------------
        \3\ Title II of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
    Stat. 1211) struck out ``during the 2-year period beginning 90 days
    after the date of the enactment of this Act'' and restated this
    paragraph to read ``they are issued an immigrant visa and depart from
    Vietnam during the period beginning on March 22, 1988, and ending on
    September 30, 1990.''.
        Subsequently, title II of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 1996), struck out ``during the period beginning on March 22,
    1988'' following ``Vietnam'' and inserted in lieu thereof ``on or after
    March 22, 1988''.
    ---------------------------------------------------------------------------
      (2) The provisions of paragraphs (4), (5), and (7)(A) \4\ of
    section 212(a) of the Immigration and Nationality Act shall not
    be applicable to any alien seeking admission to the United
    States under this section, and the Attorney General on the
    recommendation of a consular officer may waive any other
    provision of such section (other than paragraph (2)(C) or
    subparagraph (A), (B), (C), or (E) \5\ of paragraph (3)) \5\
    with respect to such an alien for humanitarian purposes, to
    assure family unity, or when it is otherwise in the public
    interest. Any such waiver by the Attorney General shall be in
    writing and shall be granted only on an individual basis
    following an investigation by a consular officer.
    ---------------------------------------------------------------------------
        \4\ Sec. 603(a)(20)(A) of Public Law 101-649 (104 Stat. 5084)
    struck out ``(14), (15), (20), (21), (25), and (32)'' and inserted in
    lieu thereof ``(4), (5), and (7)(A)''.
        \5\ Sec. 603(a)(20)(B) of Public Law 101-649 (104 Stat. 5084)
    struck out ``(other than paragraph (27), (29), or (33) and other than
    so much of paragraph (23) as relates to trafficking in narcotics)'' and
    inserted in lieu thereof ``(other than paragraph (2)(C) or subparagraph
    (A), (B), (C), or (D) of paragraph (3))''.
        Subsequently, sec. 307(l)(8) of Public Law 102-232 (105 Stat. 1757)
    struck out ``(D)'' and inserted in lieu thereof ``(E)'' in par. (2).
    ---------------------------------------------------------------------------
      (3) Notwithstanding section 221(c) of the Immigration and
    Nationality Act, immigrant visas issued to aliens under this
    section shall be valid for a period of one year.\6\
    ---------------------------------------------------------------------------
        \6\ Title II of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
    Stat. 1211) struck out ``8 months'' at this point and inserted in lieu
    thereof ``one year''.
    ---------------------------------------------------------------------------
      (b)(1) An alien described in this section is an alien who, as
    of the date of the enactment of this Act, is residing in
    Vietnam and who establishes to the satisfaction of a consular
    officer or an officer of the Immigration and Naturalization
    Service after a face-to-face interview, that the alien--
              (A)(i) was born in Vietnam after January 1, 1962, and
            before January 1, 1976, and (ii) was fathered by a
            citizen of the United States (such an alien in this
            section referred to as a ``principal alien'');
              (B) is the spouse or child of a principal alien and
            is accompanying, or following to join, the principal
            alien; or
              (C) subject to paragraph (2), either (i) is the
            principal alien's natural mother (or is the spouse or
            child of such mother), or (ii) has acted in effect as
            the principal alien's mother, father, or next-of-kin
            (or is the spouse or child of such an alien), and is
            accompanying, or following to join, the principal
            alien.
      (2) An immigrant visa may not be issued to an alien under
    paragraph (1)(C) unless \7\ the officer referred to in
    paragraph (1) has determined, in the officer's discretion, that
    (A) such an alien has a bona fide relationship with the
    principal alien similar to that which exists between close
    family members and (B) the admission of such an alien is
    necessary for humanitarian purposes or to assure family unity.
    If an alien described in paragraph (1)(C)(ii) is admitted to
    the United States, the natural mother of the principal alien
    involved shall not, thereafter, be accorded any right,
    privilege, or status under the Immigration and Nationality Act
    by virtue of such parentage.
    ---------------------------------------------------------------------------
        \7\ Title II of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 1996), struck out ``the principal alien involved is unmarried
    and'' at this point.
    ---------------------------------------------------------------------------
      (3) For purposes of this section, the term ``child'' has the
    meaning given such term in section 101(b)(1) (A), (B), (C),
    (D), and (E) of the Immigration and Nationality Act.
      (c) Any alien admitted (or awaiting admission) to the United
    States under this section shall be eligible for benefits under
    chapter 2 of title IV of the Immigration and Nationality Act to
    the same extent as individuals admitted (or awaiting admission)
    to the United States under section 207 of such Act are eligible
    for benefits under such chapter.
      (d) The Attorney General, in cooperation with the Secretary
    of State, shall report to Congress 1 year, 2 years, and 3
    years, after the date of the enactment of this Act on the
    implementation of this section. Each such report shall include
    the number of aliens who are issued immigrant visas and who are
    admitted to the United States under this section and number of
    waivers granted under subsection (a)(2) and the reasons for
    granting such waivers.
      (e) Except as otherwise specifically provided in this
    section, the definitions contained in the Immigration and
    Nationality Act shall apply in the administration of this
    section and nothing contained in this section shall be held to
    repeal, amend, alter, modify, effect, or restrict the powers,
    duties, functions, or authority of the Attorney General in the
    administration and enforcement of such Act or any other law
    relating to immigration, nationality, or naturalization. The
    fact that an alien may be eligible to be granted the status of
    having been lawfully admitted for permanent residence under
    this section shall not preclude the alien from seeking such
    status under any other provision of law for which the alien may
    be eligible.
              * * * * * * *
      q. Foreign Assistance and Related Programs Appropriations Act, 1984

     Partial text of Public Law 98-151 [Further Continuing Appropriations
     for Fiscal Year 1984, H.J. Res. 413], 97 Stat. 964, approved November
                                    14, 1983

      A JOINT RESOLUTION Making further continuing appropriations for the
                               fiscal year 1984.

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That the
    following sums are hereby appropriated, out of any money in the
    Treasury not otherwise appropriated, and out of applicable
    corporate or other revenues, receipts, and funds, for the
    several departments, agencies, corporations, and other
    organization units of the government for the fiscal year 1984,
    and for other purposes, namely:
        Sec. 101. (a) * * *
        (b)(1) * * *
        \1\ None of the funds heretofore appropriated or otherwise
    made available for Syria for the purpose of carrying out the
    provisions of chapter 4 of part II of the Foreign Assistance
    Act of 1961 shall be expended after the date of enactment of
    this joint resolution. The Administrator of the Agency for
    International Development is directed to terminate the economic
    assistance program to Syria and to deobligate all funds
    heretofore obligated for assistance to Syria, except that such
    funds may continue to be available to finance the training or
    studies outside of Syria of students whose course of study or
    training program began before enactment of this joint
    resolution. The Administrator of the Agency for International
    Development is authorized to adopt as a contract of the United
    States Government, and assume any liabilities arising
    thereunder (in whole or in part), any contract with a United
    States contractor which had been funded by the Agency for
    International Development prior to the date of enactment of
    this joint resolution. Amounts certified pursuant to section
    1311 of the Supplemental Appropriations Act, 1955, as having
    been obligated against appropriations heretofore made pursuant
    to chapter 4 of part II of the Foreign Assistance Act of 1961
    (and predecessor legislation) for Syria are hereby continued
    available until expended to meet necessary expenses arising
    from the termination under this subsection of assistance
    programs for Syria authorized by such chapter: Provided, That
    this shall not be construed as permitting payments or
    reimbursements of any kind to the Government of Syria.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2346a note. See also sec. 1004 of the Department of
    State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164;
    97 Stat. 1017), for provision concerning termination of assistance
    programs for Syria, Legislation on Foreign Relations Through 2000, vol.
    II.
        Sec. 101(j) of the Continuing Appropriations Act, 1986 (Public Law
    99-190) provided the following:
    ---------------------------------------------------------------------------

                                  ``RESCISSION
    ---------------------------------------------------------------------------
        ``Deobligation and rescission of funds: $11,200,000 of the funds
    remaining in the `Syria Termination Account' created by Public Law 98-
    151 are deobligated and are rescinded: Provided, That the authority
    contained in sections 451, 492(b), and 614 of the Foreign Assistance
    Act of 1961, or any other provision of law, shall not be exercised to
    permit the use of funds remaining in the `Syria Termination Account'
    created by Public Law 98-151 for any other purposes than those for
    which the account was created.''.
    ---------------------------------------------------------------------------
               r. Title 31, United States Code--Valid Obligations

    Sec. 1108.\1\ Preparation and submission of appropriations requests to
                        the President

        (a) In this section (except subsections (b)(1) and (e)),
    ``agency'' means a department, agency, or instrumentality of
    the United States Government.
    ---------------------------------------------------------------------------
        \1\ Sections 1108, 1501, and 1502 were originally enacted as sec.
    1311 of the Supplemental Appropriations Act, 1955 (Public Law 84-663;
    68 Stat. 800). Public Law 97-258 (96 Stat. 877) revised and codified
    certain general and permanent laws of the United States relating to
    money and finance, including sec. 1311 of Public Law 84-663.
    ---------------------------------------------------------------------------
        (b)(1) The head of each agency shall prepare and submit to
    the President each appropriation request for the agency. The
    request shall be prepared and submitted in the form prescribed
    by the President under this chapter and by the date established
    by the President. When the head of an agency does not submit a
    request by that date, the President shall prepare the request
    for the agency to be included in the budget or changes in the
    budget or as deficiency and supplemental appropriations. The
    President may change agency appropriation requests. Agency
    appropriation requests shall be developed from cost-based
    budgets in the way and at times prescribed by the President.
    The head of the agency shall use the cost-based budget to
    administer the agency and to divide appropriations or amounts.
        (2) An officer or employee of an agency in the executive
    branch may submit to the President or Congress a request for
    legislation authorizing deficiency or supplemental
    appropriations for the agency only with the approval of the
    head of the agency.
        (c) The head of an agency shall include with an
    appropriation request submitted to the President a report that
    the statement of obligations submitted with the requests
    contains obligations consistent with section 1501 of this
    title. The head of the agency shall support the report with a
    certification of the consistency and shall support the
    certification with records showing that the amounts have been
    obligated. The head of the agency shall designate officials to
    make the certifications, and those officials may not delegate
    the duty to make the certifications. The certifications and
    records shall be kept in the agency--
              (1) in a form that makes audits and reconciliations
            easy; and
              (2) for a period necessary to carry out audits and
            reconciliations.
        (d) To the extent practicable, the head of an agency
    shall--
              (1) provide information supporting the agency's
            budget request for its missions by function and
            subfunction (including the mission of each
            organizational unit of the agency); and
              (2) relate the agency's programs to its missions.
        (e) Except as provided in subsection (f) of this section,
    an officer or employee of an agency (as defined in section 1101
    of this title) may submit to Congress or a committee of
    Congress an appropriations estimate or request, a request for
    an increase in that estimate or requests, or a recommendation
    on meeting the financial needs of the Government only when
    requested by either House of Congress.
        (f) The Interstate Commerce Commission shall submit to
    Congress copies of budget estimates, requests, and information
    (including personnel needs), legislative recommendations,
    prepared testimony for congressional hearings, and comments on
    legislation at the same time they are sent to the President or
    the Office of Management and Budget. An officer of an agency
    may not impose conditions on or impair communication by the
    Commission with Congress, or a committee or member of Congress,
    about the information.
        (g) Amounts available under law are available for field
    examinations of appropriation estimates. The use of the amounts
    is subject only to regulations prescribed by the appropriate
    standing committees of Congress.
              * * * * * * *

                      CHAPTER 15--APPROPRIATION ACCOUNTING

                             SUBCHAPTER I--GENERAL

    Sec. 1501.\1\ Documentary evidence requirement for Government
                        obligations

        (a) An amount shall be recorded as an obligation of the
    United States Government only when supported by documentary
    evidence of--
              (1) a binding agreement between an agency and another
            person (including an agency) that is--
                      (A) in writing, in a way and form, and for a
                    purpose authorized by law; and
                      (B) executed before the end of the period of
                    availability for obligation of the
                    appropriation or fund used for specific goods
                    to be delivered, real property to be bought or
                    leased, or work or service to be provided;
              (2) a loan agreement showing the amount and terms of
            repayment;
              (3) an order required by law to be placed with an
            agency;
              (4) an order issued under a law authorizing purchases
            without advertising--
                      (A) when necessary because of a public
                    exigency;
                      (B) for perishable subsistence supplies; or
                      (C) within specific monetary limits;
              (5) a grant or subsidy payable--
                      (A) from appropriations made for payment of,
                    or contributions to, amounts required to be
                    paid in specific amounts fixed by law or under
                    formulas prescribed by law;
                      (B) under an agreement authorized by law; or
                      (C) under plans approved consistent with and
                    authorized by law;
              (6) a liability that may result from pending
            litigation;
              (7) employment or services of persons or expenses of
            travel under law;
              (8) services provided by public utilities; or
              (9) other legal liability of the Government against
            an available appropriation or fund.
        (b) A statement of obligations provided to Congress or a
    committee of Congress by an agency shall include only those
    amounts that are obligations consistent with subsection (a) of
    this section.

    Sec. 1502.\1\ Balances available

        (a) The balance of an appropriation or fund limited for
    obligation to a definite period is available only for payment
    of expense properly incurred during the period of availability
    or to compete contracts properly made with that period of
    availability and obligated consistent with section 1501 of this
    title. However, the appropriation or fund is not available for
    expenditure for a period beyond the period otherwise authorized
    by law.
        (b) A provision of law requiring that the balance of an
    appropriation or fund be returned to the general fund of the
    Treasury at the end of a definite period does not affect the
    status of lawsuits or rights of action involving the right to
    an amount payable from the balance.
              * * * * * * *

                      SUBCHAPTER IV--CLOSING ACCOUNTS \2\

    Sec. 1551. Definitions; applicability of subchapter \3\

      (a) In this subchapter--
    ---------------------------------------------------------------------------
        \2\ Section 1405(a) of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1675) amended and
    restated subchapter IV of chapter 15 of title 31, U.S.C., secs. 1551-
    1557. See also sec. 1405(b) of that Act, as amended, in Legislation on
    Foreign Relations Through 2000, vol. I-B.
        \3\ Sec. 1054(e)(2) of the National Defense Authorization Act for
    Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2503) restated the
    section catchline. It formerly read ``Definitions and applications''.
    ---------------------------------------------------------------------------
              (1) An obligated balance of an appropriation account
            as of the end of a fiscal year is the amount of
            unliquidated obligations applicable to the
            appropriation less amounts collectible as repayments to
            the appropriation.
              (2) An unobligated balance is the difference between
            the obligated balance and the total unexpended balance.
              (3) A fixed appropriation account is an appropriation
            account available for obligation for a definite period.
      (b) The limitations on the availability for expenditure
    prescribed in this subchapter apply to all appropriations
    unless specifically otherwise authorized by a law that
    specifically--
              (1) identifies the appropriate account for which the
            availability for expenditure is to be extended;
              (2) provides that such account shall be available for
            recording, adjusting, and liquidating obligations
            properly chargeable to that account; and
              (3) extends the availability for expenditure of the
            obligated balances.
      (c) This subchapter does not apply to--
              (1) appropriations for the District of Columbia
            government; or
              (2) appropriations to be disbursed by the Secretary
            of the Senate or the Chief Administrative Officer \4\
            of the House of Representatives.
    ---------------------------------------------------------------------------
        \4\ Sec. 219(b)(1) of Public Law 104-186 (110 Stat. 1748) struck
    out ``Clerk'' and inserted in lieu thereof ``Chief Administrative
    Officer''.
    ---------------------------------------------------------------------------

    Sec. 1552. Procedure for appropriation accounts available for definite
                        periods

      (a) \5\ On September 30th of the 5th fiscal year after the
    period of availability for obligation of a fixed appropriation
    account ends, the account shall be closed and any remaining
    balance (whether obligated or unobligated) in the account shall
    be canceled and thereafter shall not be available for
    obligation or expenditure for any purpose.
    ---------------------------------------------------------------------------
        \5\ Sec. 1406 of the National Defense Authorization Act for Fiscal
    Year 1991 (Public Law 101-510; 104 Stat. 1680) required the following:
        ``Sec. 1406. Audit of Obligated Balances of Department of Defense
        ``(a) Audit Requirement.--The Secretary of Defense shall provide
    for an audit of each account of the Department of Defense established
    under paragraph (1) of section 1552(a) of title 31, United States Code,
    as in effect on the day before the date of the enactment of this Act.
    The audit shall, with respect to each such account, identify--
    ---------------------------------------------------------------------------

              ``(1) the balance in the account;
              ``(2) the amount of such balance that is considered by the
            Secretary (as of the time of the audit) to represent amounts
            required for valid obligations (as supported by documentary
            evidence as required by section 1501 of title 31) and the
            amount of such balance that is considered by the Secretary (as
            of the time of the audit) to represent amounts for obligations
            that are considered no longer valid;
              ``(3) the sources of amounts in the account, shown by fiscal
            year and by amount for each fiscal year; and
              ``(4) such other matters as the Secretary considers
            appropriate.
    ---------------------------------------------------------------------------
        ``(b) Deobligation of Obligations No Longer Valid.--Any obligated
    amounts in accounts of the Department of Defense established under
    paragraph (1) of section 1552(a) of title 31, United States Code, that
    are determined pursuant to the audit under subsection (a) to represent
    amounts for obligations that are no longer valid shall be deobligated
    and canceled.
        ``(c) Report on Audit.--Not later than December 31, 1991, the
    Secretary of Defense shall submit to Congress a report containing the
    results of the audit conducted pursuant to subsection (a). The report
    shall set forth--
    ---------------------------------------------------------------------------

              ``(1) the information required to be identified pursuant to
            subsection (a); and
              ``(2) for each appropriation account (A) the average length
            of time funds have been obligated, (B) the average size of the
            obligation, and (iii) the object classification of the
            obligations, all shown for total obligations and separately for
            valid obligations and obligations that are no longer valid.''.
    ---------------------------------------------------------------------------
        See also sec. 1003 of the National Defense Authorization Act for
    Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2481), in Legislation
    on Foreign Relations Through 2000, vol. I-B.
    ---------------------------------------------------------------------------
      (b) Collections authorized or required to be credited to an
    appropriation account, but not received before closing of the
    account under subsection (a) or under section 1555 of this
    title shall be deposited in the Treasury as miscellaneous
    receipts.

    Sec. 1553. Availability of appropriation accounts to pay obligations

      (a) After the end of the period of availability for
    obligation of a fixed appropriation account and before the
    closing of that account under section 1552(a) of this title,
    the account shall retain its fiscal-year identity and remain
    available for recording, adjusting, and liquidating obligations
    properly chargeable to that account.
      (b)(1) Subject to the provisions of paragraph (2), after the
    closing of an account under section 1552(a) or 1555 of this
    title, obligations and adjustments to obligations that would
    have been properly chargeable to that account, both as to
    purpose and in amount, before closing and that are not
    otherwise chargeable to any current appropriation account of
    the agency may be charged to any current appropriation account
    of the agency available for the same purpose.
      (2) The total amount of charges to an account under paragraph
    (1) may not exceed an amount equal to 1 percent of the total
    appropriations for that account.
      (c)(1) In the case of a fixed appropriation account with
    respect to which the period of availability for obligation has
    ended, if an obligation of funds from that account to provide
    funds for a program, project, or activity to cover amounts
    required for contract changes would cause the total amount of
    obligations from that appropriation during a fiscal year for
    contract changes for that program, project, or activity to
    exceed $4,000,000, the obligation may only be made if the
    obligation is approved by the head of the agency (or an officer
    of the agency within the Office of the head of the agency to
    whom the head of the agency has delegated the authority to
    approve such an obligation).
      (2) In the case of a fixed appropriation account with respect
    to which the period of availability for obligation has ended,
    if an obligation of funds from that account to provide funds
    for a program, project, or activity to cover amounts required
    for contract changes would cause the total amount obligated
    from that appropriation during a fiscal year for that program,
    project, or activity to exceed $25,000,000, the obligation may
    not be made until--
              (A) the head of the agency submits to the appropriate
            authorizing committees of Congress and the Committees
            on Appropriations of the Senate and the House of
            Representatives a notice in writing of the intent to
            obligate such funds, together with a description of the
            legal basis for the proposed obligation and the policy
            reasons for the proposed obligation; and
              (B) a period of 30 days has elapsed after the notice
            is submitted.
      (3) In this subsection, the term `contract change' means a
    change to a contract under which the contractor is required to
    perform additional work. Such term does not include adjustments
    to pay claims or increases under an escalation clause.
      (d)(1) Obligations under this section may be paid without
    prior action of the Comptroller General.
      (2) This subchapter does not--
              (A) relieve the Comptroller General of the duty to
            make decisions requested under law; or
              (B) affect the authority of the Comptroller General
            to settle claims and accounts.

    Sec. 1554. Audit, control, and reporting

      (a) Any audit requirement, limitation on obligations, or
    reporting requirement that is applicable to an appropriation
    account shall remain applicable to that account after the end
    of the period of availability for obligation of that account.
      (b)(1) After the close of each fiscal year, the head of each
    agency shall submit to the President and the Secretary of the
    Treasury a report regarding the unliquidated obligations,
    unobligated balances, canceled balances, and adjustments made
    to appropriation accounts of that agency during the completed
    fiscal year. The report shall be submitted no later than 15
    days after the date on which the President's budget for the
    next fiscal year is submitted to Congress under section 1105 of
    this title.
      (2) Each report required by this subsection shall--
              (A) provide a description, with reference to the
            fiscal year of appropriations, of the amount in each
            account, its source, and an itemization of the
            appropriations accounts;
              (B) describe all current and expired appropriations
            accounts;
              (C) describe any payments made under section 1553 of
            this title;
              (D) describe any adjustment of obligations during
            that fiscal year pursuant to section 1553 of this
            title;
              (E) contain a certification by the head of the agency
            that the obligated balances in each appropriation
            account of the agency reflect proper existing
            obligations and that expenditures from the account
            since the preceding review were supported by a proper
            obligation of funds and otherwise were proper;
              (F) describe all balances canceled under sections
            1552 and 1555 of this title.
      (3) The head of each Federal agency shall provide a copy of
    each such report to the Speaker of the House of Representatives
    and the Committee on Appropriations, the Committee on
    Governmental Affairs, and other appropriate oversight and
    authorizing committees of the Senate.
      (c) \6\ * * * [Repealed--1991]
    ---------------------------------------------------------------------------
        \6\ Sec. 1004(b) of the National Defense Authorization Act for
    Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1457) (1)
    struck out subsec. (c), and (2) redesignated subsec. (d) as subsec.
    (c).
        The former subsec. (c) had required the Director of the
    Congressional Budget Office to estimate the effect on the Federal
    deficit of payments and adjustments made with respect to sections 1552
    and 1553 of this title for each agency and annually report on the same.
        Sec. 1004(a) of Public Law 102-190 further required the following:
        ``(a) Temporary Requirement for OMB Report.--At the same time that
    the President submits to Congress the budget for each of fiscal years
    1993, 1994, 1995, and 1996 under section 1105 of title 31, United
    States Codes, the Director of the Office of Management and Budget shall
    submit to Congress a report regarding the effect on the Federal Deficit
    of payments and adjustments made with respect to sections 1552 and 1553
    of such title for the fiscal year in which such budget is submitted,
    the fiscal year preceding that fiscal year, and the fiscal year covered
    by that budget. The report shall include separate estimates for the
    accounts of each agency.''.
    ---------------------------------------------------------------------------
      (c) \6\ The head of each agency shall establish internal
    controls to assure that an adequate review of obligated
    balances is performed to support the certification required by
    section 1108(c) of this title.

    Sec. 1555. Closing of appropriation accounts available for indefinite
                        periods

      An appropriation account available for obligation for an
    indefinite period shall be closed, and any remaining balance
    (whether obligated or unobligated) in that account shall be
    canceled and thereafter shall not be available for obligation
    or expenditure for any purpose, if--
              (1) the head of the agency concerned or the President
            determines that the purposes for which the
            appropriation was made have been carried out; and
              (2) no disbursement has been made against the
            appropriation for two consecutive fiscal years.

    Sec. 1556. Comptroller General: reports on appropriation accounts

      (a) In carrying out audit responsibilities, the Comptroller
    General shall report on operations under this subchapter to--
              (1) the head of the agency concerned;
              (2) the Secretary of the Treasury; and
              (3) the President.
      (b) A report under this section shall include an appraisal of
    unpaid obligations under fixed appropriation accounts for which
    the period of availability for obligation has ended.

    Sec. 1557. Authority for exemptions in appropriation laws

      A provision of an appropriation law may exempt an
    appropriation from the provisions of this subchapter and fix
    the period for which the appropriation remains available for
    expenditure.

    Sec. 1558. Availability of funds following resolution of a protest \7\

        (a) Notwithstanding section 1552 of this title or any other
    provision of law, funds available to an agency for obligation
    for a contract at the time a protest is filed in connection
    with a solicitation for, proposed award of, or award of such
    contract shall remain available for obligation for 90 working
    days after the date on which the final ruling is made on the
    protest. A ruling is considered final on the date on which the
    time allowed for filing an appeal or request for
    reconsideration has expired, or the date on which a decision is
    rendered on such an appeal or request, whichever is later.
    ---------------------------------------------------------------------------
        \7\ Added by sec. 813(a) of Public Law 101-189 (103 Stat. 1494).
    ---------------------------------------------------------------------------
        (b) Subsection (a) applies with respect to any protest
    filed under subchapter V of chapter 35 of this title or under
    section 111(f) of the Federal Property and Administrative
    Services Act of 1949 (40 U.S.C. 759(f)).
                                   Appendix I

              Note.--Appendix I lists Public Laws included in
            Legislation on Foreign Relations Through 2000, either
            as freestanding law or in amendments, arranged by
            Public Law number with corresponding short title or
            popular name.

    ------------------------------------------------------------------------
    Public Law
        No.                              Short Title
    ------------------------------------------------------------------------
    106-570     Assistance for International Malaria Control Act
    106-570     International Malaria Control Act (title I)
    106-570     United States-Macau Policy Act of 2000 (title II)
    106-570     Pacific Charter Commission Act of 2000 (title IV)
    106-570     Paul D. Coverdell World Wise Schools Act of 2000 (title VI)
    106-309     Microenterprise for Self-Reliance and International Anti-
                 Corruption Act of 2000
    106-309     Microenterprise for Self-Reliance Act of 2000 (title I)
    106-309     International Anti-Corrpution and Good Governance Act of
                 2000 (title II)
    106-309     International Academic Opportunities Act of 2000 (title III)
    106-309     Support for Overseas Cooperative Development Act (sec. 401)
    106-309     Paul D. Coverdell Fellows Program Act of 2000 (sec. 408)
    106-264     Global AIDS and Tuberculosis Relief Act of 2000
    106-264     Global AIDS Research and Relief Act of 2000 (title I)
    106-264     International Tuberculosis Control Act of 2000 (title II)
    106-158     Export Enhancement Act of 1999
    106-120     Intelligence Authorization Act for Fiscal Year 2000
    106-120     Foreign Narcotics Kingpin Designation Act (title VIII)
    106-113     Consolidated Appropriations, Fiscal Year 2000
    106-113     Departments of Commerce, Justice, and State, the Judiciary,
                 and Related Agencies Appropriations Act, 2000 (H.R. 3421,
                 enacted by reference)
    106-113     Department of State and Related Agency Appropriations Act,
                 2000 (title IV, H.R. 3421, enacted by reference)
    106-113     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 2000 (H.R. 3422, enacted by reference)
    106-113     Silk Road Strategy Act of 1999 (sec. 596, H.R. 3422, enacted
                 by reference)
    106-113     Department of the Interior and Related Agencies
                 Appropriations Act, 2000 (H.R. 3423, enacted by reference)
    106-113     Miscellaneous Appropriations, 2000 (H.R. 3425, enacted by
                 reference)
    106-113     Admiral James W. Nance and Meg Donovan Foreign Relations
                 Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
                 enacted by reference)
    106-113     Secure Embassy Construction and Counterterrorism Act of 1999
                 (title VI, division A, H.R. 3427, enacted by reference)
    106-113     North Korea Threat Reduction Act of 1999 (subtitle B, title
                 VIII, division A, H.R. 3427, enacted by reference)
    106-113     United Nations Reform Act of 1999 (title IX, division A,
                 H.R. 3427, enacted by reference)
    106-113     Arms Control, Nonproliferation, and Security Assistance Act
                 of 1999 (division B, H.R. 3427, enacted by reference)
    106-113     Arms Control and Nonproliferation Act of 1999 (title XI,
                 division B, H.R. 3427, enacted by reference)
    106-113     National Security and Corporate Fairness under the
                 Biological Weapons Convention Act (chapter 2, subtitle A,
                 title XI, division B, H.R. 3427, enacted by reference)
    106-113     Security Assistance Act of 1999 (title XII, H.R. 3427,
                 enacted by reference)
    106-113     Defense Offsets Disclosure Act of 1999 (subtitle D, title
                 XII, H.R. 3427, enacted by reference)
    106-113     Proliferation Prevention Enhancement Act of 1999 (subtitle
                 E, title XII, H.R. 3427, enacted by reference)
    106-113     International Arms Sales Code of Conduct Act of 1999
                 (subtitle F, title XII, H.R. 3427, enacted by reference)
    106-108     Arctic Tundra Habitat Emergency Conservation Act
    106-87      Torture Victims Relief Reauthorization Act of 1999
    106-79      Department of Defense Appropriations Act, 2000
    106-78      Agriculture, Rural Development, Food and Drug
                 Administration, and Related Agencies Appropriations Act,
                 2000
    106-65      National Defense Authorization Act for Fiscal Year 2000
    106-65      Panama Canal Commission Authorization Act for Fiscal Year
                 2000 (title XXXV)
    106-62      Continuing Appropriations, Fiscal Year 2000
    106-38      National Missile Defense Act of 1999
    106-36      Miscellaneous Trade and Technical Corrections Act of 1999
    106-35      Western Hemisphere Drug Elimination Technical Corrections
                 Act
    106-31      1999 Emergency Supplemental Appropriations Act
    106-30      Peace Corps Reauthorization
    105-385     Africa: Seeds of Hope Act of 1998
    105-384     Governing International Fisheries Agreement with Poland
    105-382     Department of State Special Agents Retirement Act of 1998
    105-366     International Anti-Bribery and Fair Competition Act of 1998
    105-362     Federal Reports Elimination Act of 1998
    105-338     Iraq Liberation Act of 1998
    105-323     Extradition Treaties Interpretation Act of 1998
    105-319     Irish Peace Process Cultural and Training Program Act of
                 1998
    105-312     Rhinoceros and Tiger Conservation Act of 1998
    105-303     Commercial Space Act of 1998
    105-292     International Religious Freedom Act of 1998
    105-277     Omnibus Consolidated and Emergency Supplemental
                 Appropriations Act for Fiscal Year 1999
    105-277     Haitian Refugee Immigration Fairness Act of 1998 (division
                 A, sec. 101(h), title IX)
    105-277     Trade Deficit Review Commission Act (division A, sec. 127)
    105-277     Office of National Drug Control Policy Reauthorization Act
                 of 1998 (division C, title VII)
    105-277     Western Hemisphere Drug Elimination Act (division C, title
                 VIII)
    105-277     Foreign Affairs Reform and Restructuring Act of 1998
                 (division G)
    105-277     Foreign Affairs Agencies Consolidation Act of 1998 (division
                 G, subdivision A)
    105-277     Foreign Relations Authorization Act, Fiscal Years 1998 and
                 1999 (division G, subdivision B)
    105-277     United Nations Reform Act of 1998 (division G, subdivision
                 C)
    105-277     European Security Act of 1998 (division G, title XXVII)
    105-277     Chemical Weapons Convention Implementation Act of 1998
                 (division I)
    105-262     Department of Defense Appropriations Act, 1999
    105-261     Strom Thurmond National Defense Authorization Act for Fiscal
                 Year 1999
    105-261     Defense Against Weapons of Mass Destruction Act of 1998
                 (title XIV)
    105-261     Panama Canal Commission Authorization Act for Fiscal Year
                 1999 (title XXXV)
    105-261     Radio Free Asia Act of 1998 (title XXXIX)
    105-246     Nazi War Crimes Disclosure Act
    105-235     Finding the Government of Iraq in Unacceptable and Material
                 Breach of Its International Obligations
    105-217     African Elephant Conservation Reauthorization Act of 1998
    105-194     Agriculture Export Relief Act of 1998
    105-186     U.S. Holocaust Assets Commission Act of 1998
    105-174     1998 Supplemental Appropriations and Rescissions Act
    105-173     International Parental Kidnapping Crime Act
    105-158     Holocaust Victims Redress Act
    105-119     Departments of Commerce, Justice, and State, the Judiciary,
                 and Related Agencies Appropriations Act, 1998
    105-119     Department of State Appropriations Act, 1998
    105-107     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
    105-85      National Defense Authorization Act for Fiscal Year 1998
    105-83      Department of the Interior and Related Agencies
                 Appropriations Act, 1998
    105-42      International Dolphin Conservation Program Act
    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
    104-66      Federal Reports Elimination and Sunset Act of 1995
    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
    103-372     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
    103-294     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
    103-160     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
    103-133     Nondiscriminatory Treatment Toward Products of Romania
    103-125     Middle East Peace Facilitation Act of 1993
    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
    102-396     Department of Defense Appropriations Act, 1993
    102-391     Foreign Operations, Export Financing, and Related Programs
                 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)
    97-325      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      Bill Emerson Humanitarian Trust Act (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
    87-195      Tropical Forest Conservation Act of 1998 (part V)
    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
    ------------------------------------------------------------------------

                                  Appendix II

              Note.--Appendix II lists Public Laws included in
            Legislation on Foreign Relations Through 1999, either
            as freestanding law or in amendments, arranged
            alphabetically by short title or popular name with
            corresponding Public Law number.

    ------------------------------------------------------------------------
                                                                  Public Law
                             Short Title                              No.
    ------------------------------------------------------------------------
    1984 Act to Combat International Terrorism..................  98-533
    1998 Supplemental Appropriations and Rescissions Act........  105-174
    1999 Emergency Supplemental Appropriations Act..............  106-31
    Act For Reform In Emerging New Democracies and Support and    103-199
     Help for Improved Partnership with Russia, Ukraine, and
     Other New Independent States (FRIENDSHIP Act)..............
    Act of May 25, 1938.........................................  75-543
    Act of July 25, 1946........................................  79-547
    Act of June 25, 1948........................................  80-772
    Act to Extend Diplomatic Privileges to the Commission of the  92-499
     European Communities.......................................
    Act to Honor the Victims of the Bombing of Panam Flight.....  103-158
    Act to Prevent Pollution from Ships.........................  96-478
    Admiral James W. Nance and Meg Donovan Foreign Relations      106-113
     Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
     enacted by reference)......................................
    Africa: Seeds of Hope Act of 1998...........................  105-385
    African Conflict Resolution Act.............................  103-381
    African Development Bank Act (title XIII, subtitle B, part    97-35
     3).........................................................
    African Development Foundation Act (title V)................  96-533
    African Development Fund Act (title II).....................  94-302
    African Elephant Conservation Reauthorization Act of 1998...  105-217
    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     100-418
     IV)........................................................
    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--   85-931
     Extension and Amendment....................................
    Agricultural Trade Suspension Adjustment Act of 1980 (title   96-494
     II)........................................................
    Agriculture and Food Act of 1981............................  97-98
    Agriculture Export Relief Act...............................  105-194
    Agriculture, Rural Development, Food and Drug                 106-78
     Administration, and Related Agencies Appropriations Act,
     2000.......................................................
    Agriculture Trade and Export Policy Commission Act (title     97-98
     XII, subtitle C)...........................................
    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,     100-418
     part II)...................................................
    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      98-623
     (title III)................................................
    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          99-658
     Government of Palau........................................
    Arctic Research and Policy Act of 1984 (title I)............  98-373
    Arctic Tundra Habitat Emergency Conservation Act............  106-108
    Armed Forces Appropriation Authorization, 1971..............  91-441
    Arms Control and Disarmament Act............................  87-297
    Arms Control and Disarmament Act Authorization for Fiscal     99-93
     Years 1986 and 1987 (title VII)............................
    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,     103-236
     part A)....................................................
    Arms Control and Nonproliferation Act of 1999 (title XI,      106-113
     division B, H.R. 3427, enacted by reference)...............
    Arms Control, Nonproliferation, and Security Assistance Act   106-113
     of 1999 (division B, H.R. 3427, enacted by reference)......
    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
    Assistance for International Malaria Control Act............  106-570
    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          96-339
     Authorization..............................................
    Atlantic Tunas Convention Act of 1995 (title III)...........  104-43
    Atlantic Tunas Convention Authorization Act of 1995 (title    104-43
     III).......................................................
    Atomic Energy Act of 1954...................................  83-703
    Au Pair Extension...........................................  104-72
    Authorization for an Improved U.S./Soviet Direct              99-85
     Communications Link........................................
    Authorization for Use of U.S. Armed Forces Pursuant to U.N.   102-1
     Security Council Resolution 678............................
    Aviation Security Improvement Act of 1990...................  101-604
    Balanced Budget and Emergency Deficit Control Act of 1985     99-177
     [Gramm-Rudman-Hollings Act]................................
    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
    Bill Emerson Humanitarian Trust Act (title III).............  96-494
    Biological Weapons Anti-Terrorism Act of 1989...............  101-298
    Board for International Broadcasting Act of 1973............  93-129
    Board for International Broadcasting Appropriations, 1988     100-202
     (sec. 101(a), title V).....................................
    Board for International Broadcasting Authorization Act,       98-164
     Fiscal Years 1984 and 1985 (title III).....................
    Board for International Broadcasting Authorization Act,       97-241
     Fiscal Years 1982 and 1983 (title IV)......................
    Board for International Broadcasting Authorization Act,       99-93
     Fiscal Years 1986 and 1987 (title III).....................
    Board for International Broadcasting Authorization Act,       100-204
     Fiscal Years 1988 and 1989 (title V).......................
    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       101-382
     (title II).................................................
    Case Act--Transmittal of International Agreements...........  92-403
    Center for Cultural and Technical Interchange Between East    86-472
     and West Act of 1960 (chapter VII).........................
    Central American Peace Assistance...........................  100-276
    Central Bering Sea Fisheries Enforcement Act of 1992 (title   102-582
     III).......................................................
    Chemical and Biological Weapons Control and Warfare           102-182
     Elimination Act of 1991 (title III)........................
    Chemical Weapons Convention Implementation Act of 1998        105-277
     (division I)...............................................
    Child Health Revolution.....................................  98-198
    Chinese Student Protection Act of 1992......................  102-404
    Civil Government for the Trust Territory of the Pacific       83-451
     Islands....................................................
    Clean Air Act Amendments....................................  101-549
    Clement J. Zablocki Memorial Outpatient Facility, American    98-266
     Children's Hospital, Krakow, Poland........................
    Coast Guard Authorization Act of 1993.......................  103-206
    Collection and Publication of Foreign Commerce and Trade      87-826
     Statistics.................................................
    Combatting Proliferation of Weapons of Mass Destruction Act   104-293
     of 1996 (title VII)........................................
    Commercial Space Act of 1998................................  105-303
    Compact of Free Association Act of 1985.....................  99-239
    Competitiveness Policy Council Act (title V, part I,          100-418
     subtitle C)................................................
    Consolidated Appropriations, Fiscal Year 2000...............  106-113
    Continuing Appropriations, 1985.............................  98-473
    Continuing Appropriations, Fiscal Year 1988.................  100-202
    Continuing Appropriations, Fiscal Year 2000.................  106-62
    Continuing Resolution, 1984.................................  98-151
    Convention on Cultural Property Implementation Act (title     97-446
     III).......................................................
    Convention on the Settlement of Investment Disputes Act of    89-532
     1966.......................................................
    Conventional Forces in Europe Treaty Implementation Act of    102-228
     1991.......................................................
    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     104-114
     1996.......................................................
    Cuban Political Prisoners and Immigrants (sec. 101(a), title  100-202
     VII).......................................................
    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       104-201
     (title XIV)................................................
    Defense Against Weapons of Mass Destruction Act of 1998       105-261
     (title XIV)................................................
    Defense Conversion, Reinvestment, and Transition Assistance   103-160
     Amendments of 1993 (title XIII)............................
    Defense Offsets Disclosure Act of 1999 (subtitle D, title     106-113
     XII, H.R. 3427, enacted by reference)......................
    Demilitarization of the Former Soviet Union Act of 1992       102-484
     (title XIV)................................................
    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, 1999..............  105-262
    Department of Defense Appropriations Act, 2000..............  106-79
    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 and Related Agency Appropriations Act,    106-113
     2000 (title IV, H.R. 3421, enacted by reference)...........
    Department of State Appropriations Act, 1988 (sec. 101(a),    100-202
     title III).................................................
    Department of State Appropriations Act, 1998................  105-119
    Department of State Appropriations Authorization Act of 1973  93-126
    Department of State Authorization Act, Fiscal Years 1984 and  98-164
     1985 (titles I, X).........................................
    Department of State Authorization Act, Fiscal Years 1980 and  96-60
     1981 (title I).............................................
    Department of State Authorization Act, Fiscal Years 1982 and  97-241
     1983.......................................................
    Department of State Special Agents Retirement Act of 1998...  105-382
    Department of the Interior and Related Agencies               105-83
     Appropriations Act, 1998...................................
    Department of the Interior and Related Agencies               105-277
     Appropriations Act, 1999...................................
    Department of the Interior and Related Agencies               106-113
     Appropriations Act, 2000 (H.R. 3423, enacted by reference).
    Departments of Commerce, Justice, and State, the Judiciary,   99-180
     and Related Agencies Appropriations Act, 1986..............
    Departments of Commerce, Justice, and State, the Judiciary,   101-162
     and Related Agencies Appropriations Act, 1990..............
    Departments of Commerce, Justice, and State, the Judiciary,   105-119
     and Related Agencies Appropriations Act, 1998..............
    Departments of Commerce, Justice, and State, the Judiciary,   106-113
     and Related Agencies Appropriations Act, 2000 (H.R. 3421,
     enacted by reference)......................................
    Departments of State and Justice, the Judiciary, and Related  85-474
     Agencies Appropriation Act, 1959...........................
    Departments of State, Justice, and Commerce, the Judiciary,   92-544
     and Related Agencies Appropriations Act, 1973..............
    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    100-220
     1987 (title IV)............................................
    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     104-6
     the Department of Defense to Preserve and Enhance Military
     Readiness Act of 1995......................................
    Emergency Supplemental Assistance for Israel Act of 1991....  102-21
    Emergency Supplemental Persian Gulf Refugee Assistance Act    102-45
     of 1991....................................................
    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      94-304
     Europe.....................................................
    EURATOM Cooperation Act of 1958.............................  85-846
    European Bank for Reconstruction and Development Act (sec.    101-513
     562(c))....................................................
    Exchange Rates and International Economic Policy              100-418
     Coordination Act of 1988 (title III, subtitle A)...........
    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 Act of 1999..............................  106-158
    Export Enhancement Program Amendments of 1994 (title IV,      103-465
     subtitle A, part II, sec. 411(a))..........................
    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     100-418
     (title III, subtitle D)....................................
    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            82-486
     Organization of American States............................
    Extradition Treaties Implementation Act of 1998.............  105-323
    European Security Act of 1998 (division G, title XXVII).....  105-277
    Fair Trade in Auto Parts Act of 1988 (title II, subtitle A,   100-418
     part II)...................................................
    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 Reports Elimination Act of 1998.....................  105-362
    Federal Reports Elimination and Sunset Act of 1995..........  104-66
    Federal Triangle Development Act............................  100-113
    Financial Institutions Regulatory and Interest Rate Control   95-630
     Act of 1978................................................
    Financial Reports Act of 1988 (title III, subtitle G).......  100-418
    Finding the Government of Iraq in Unacceptable and Material   105-235
     Breach of Its International Obligations....................
    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  102-237
     1991.......................................................
    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
    Foreign Affairs Agencies Consolidation Act of 1998 (division  105-277
     G, subdivision A)..........................................
    Foreign Affairs Reform and Restructuring Act of 1998          105-277
     (division G)...............................................
    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,   98-151
     1984 (sec. 101(b)(1))......................................
    Foreign Corrupt Practices Act Amendments of 1988 (title V,    100-418
     subtitle A, part I)........................................
    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    101-533
     Improvements Act of 1990...................................
    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 Narcotics Kingpin Designation Act (title VIII)......  106-120
    Foreign Operations, Export Financing, and Related Programs    100-202
     Appropriations Act, 1988 (sec. 101(e)).....................
    Foreign Operations, Export Financing, and Related Programs    101-167
     Appropriations Act, 1990...................................
    Foreign Operations, Export Financing, and Related Programs    101-513
     Appropriations Act 1991....................................
    Foreign Operations, Export Financing, and Related Programs    102-391
     Appropriations Act, 1993...................................
    Foreign Operations, Export Financing, and Related Programs    103-306
     Appropriations Act, 1995...................................
    Foreign Operations, Export Financing, and Related Programs    104-107
     Supplemental Appropriations Act, 1996......................
    Foreign Operations, Export Financing, and Related Programs    104-208
     Supplemental Appropriations Act, 1997 (title I, sec.
     101(c))....................................................
    Foreign Operations, Export Financing, and Related Programs    106-113
     Appropriations Act, 2000 (H.R. 3422, enacted by reference).
    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    99-93
     1987.......................................................
    Foreign Relations Authorization Act, Fiscal Years 1988 and    100-204
     1989.......................................................
    Foreign Relations Authorization Act, Fiscal Years 1990 and    101-246
     1991.......................................................
    Foreign Relations Authorization Act, Fiscal Years 1992 and    102-138
     1993.......................................................
    Foreign Relations Authorization Act, Fiscal Years 1994 and    103-236
     1995.......................................................
    Foreign Relations Authorization Act, Fiscal Years 1998 and    105-277
     1999 (division G, subdivision B)...........................
    Foreign Relations Authorization Act of 1972.................  92-352
    Foreign Relations Persian Gulf Conflict Emergency             102-20
     Supplemental Authorization Act, Fiscal Year 1991...........
    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      101-382
     1990 (title IV)............................................
    Freedom for Russia and Emerging Eurasian Democracies and      102-511
     Open Markets Support Act of 1992 (FREEDOM Support Act).....
    FRIENDSHIP Act..............................................  103-199
    Further Continuing Appropriations, 1985.....................  99-190
    General Government Matters, Department of Commerce, and       87-125
     Related Agencies Appropriation Act, 1962...................
    Generalized System of Preferences Renewal Act of 1984 (title  98-573
     V).........................................................
    German-American Day.........................................  103-100
    German Democratic Republic Fishery Agreement................  100-350
    Global AIDS and Tuberculosis Relief Act of 2000.............  106-264
    Global AIDS Research and Relief Act of 2000 (title I).......  106-264
    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        101-240
     (title VII)................................................
    Governing International Fishery Agreement With Poland.......  105-384
    Governing International Fishery Agreements With Japan and     97-389
     Spain (title IV)...........................................
    Governing International Fishery Agreements With Iceland and   98-623
     the European Economic Community (title I)..................
    Haitian Refugee Immigration Fairness Act of 1998 (division    105-277
     A, sec. 101(h), title IX)..................................
    Helsinki Human Rights Day...................................  103-294
    High Seas Driftnet Fisheries Enforcement Act................  102-582
    High Seas Driftnet Fishing Moratorium Protection Act (title   104-43
     VI)........................................................
    High Seas Fishing Compliance Act of 1995 (title I)..........  104-43
    Higher Education Amendments of 1986.........................  99-498
    Holocaust Victims Redress Act...............................  105-158
    Horn of Africa Recovery and Food Security Act...............  102-274
    Hostage Relief Act of 1980..................................  96-449
    Human Rights, Refugees, and Other Foreign Relations           104-319
     Provisions Act of 1996.....................................
    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    101-62
     Relations..................................................
    Indochinese Refugee and Resettlement Act of 1987 (sec.        100-202
     101(a), title VIII)........................................
    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
    Intelligence Authorization Act for Fiscal Year 2000.........  106-120
    Inter-American Development Bank Act.........................  86-147
    Inter-American Investment Corporation Act (title II, S.       98-473
     2416, enacted by reference)................................
    International Academic Opportunities Act of 2000 (title III)  106-309
    International Anti-Bribery and Fair Competition Act of 1998.  105-366
    International Anti-Corrpution and Good Governance Act of      106-309
     2000 (title II)............................................
    International Arms Sales Code of Conduct Act of 1999          106-113
     (subtitle F, title XII, H.R. 3427, enacted by reference)...
    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   95-426
     Year 1979 (title II).......................................
    International Communication Agency Authorization Act, Fiscal  96-60
     Years 1980 and 1981 (title II).............................
    International Cooperation in Global Change Research Act of    101-606
     1990 (title II)............................................
    International Cooperation to Protect Biological Diversity...  100-530
    International Debt Management Act of 1988 (title III,         100-418
     subtitle B)................................................
    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     98-164
     VII).......................................................
    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 Malaria Control Act (title I).................  106-570
    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          96-271
     Authorization for Fiscal Year 1981.........................
    International Organizations Immunities Act..................  79-291
    International Parental Kidnapping Crime Act.................  105-173
    International Peacekeeping Act of 1992......................  102-311
    International Religious Freedom Act of 1998.................  105-292
    International Security and Development Assistance             98-151
     Authorization Act of 1983 (sec. 101(b)(2)).................
    International Security and Development Cooperation Act of     96-533
     1980.......................................................
    International Security and Development Cooperation Act of     97-113
     1981.......................................................
    International Security and Development Cooperation Act of     99-83
     1985.......................................................
    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     94-329
     Act of 1976................................................
    International Sugar Agreement, 1977, Implementation.........  96-236
    International Trade and Investment Act (title III)..........  98-573
    International Tuberculosis Control Act of 2000 (title II)...  106-264
    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 Liberation Act of 1998.................................  105-338
    Iraq Sanctions Act of 1990 (secs. 586-586J).................  101-513
    Irish Peace Process Cultural and Training Program Act of      105-319
     1998.......................................................
    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  94-110
     the Early-Warning System in Sinai..........................
    Jordan Supplemental Economic Assistance Authorization Act of  99-88
     1985 (title IV)............................................
    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
    Microenterprise for Self-Reliance and International Anti-     106-309
     Corruption Act of 2000.....................................
    Microenterprise for Self-Reliance Act of 2000 (title I).....  106-309
    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      104-164
     1997.......................................................
    Miscellaneous Appropriations, 2000 (H.R. 3425, enacted by     106-113
     reference).................................................
    Miscellaneous International Affairs Authorization Act of      100-461
     1988 (S. 2757, enacted by reference).......................
    Miscellaneous Trade and Technical Corrections Act of 1999...  106-36
    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        102-158
     Bulgaria...................................................
    Most-Favored-Nation Treatment for People's Republic of        104-162
     Bulgaria...................................................
    Most-Favored-Nation Treatment for Czechoslovakia............  101-541
    Most-Favored Nation Treatment for Mongolian People's          102-157
     Republic...................................................
    Most-Favored-Nation Treatment for Romania...................  104-171
    Most-Favored Nation Treatment for the Union of Soviet         102-197
     Socialist Republics........................................
    Multilateral Development Bank Act of 1985 (sec. 101(i), H.R.  99-190
     2253, enacted by reference)................................
    Multilateral Development Banks Procurement Act (title III,    100-418
     subtitle C)................................................
    Multilateral Development Banks: Sense of Congress (title X).  98-181
    Multilateral Export Control Enhancement Amendments Act        100-418
     (title II, subtitle D, part II)............................
    Multilateral Investment Guarantee Agency Act (sec. 101(e),    100-202
     H.R. 3570, enacted by reference, title IV).................
    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,  95-561
     part B)....................................................
    National Aeronautics and Space Act of 1958..................  85-568
    National Aeronautics and Space Administration Authorization   94-39
     Act, 1976..................................................
    National Aeronautics and Space Administration Authorization   100-147
     Act of 1988................................................
    National Aeronautics and Space Administration Authorization   100-685
     Act, Fiscal Year 1989......................................
    National Aeronautics and Space Administration Authorization   101-611
     Act, Fiscal Year 1991......................................
    National Aeronautics and Space Administration Authorization   102-195
     Act, Fiscal Year 1992......................................
    National Aeronautics and Space Administration Authorization   102-588
     Act, Fiscal Year 1993......................................
    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  100-180
     1989.......................................................
    National Defense Authorization Act for Fiscal Years 1990 and  101-189
     1991.......................................................
    National Defense Authorization Act for Fiscal Year 1991.....  101-510
    National Defense Authorization Act for Fiscal Years 1992 and  102-190
     1993.......................................................
    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 Defense Authorization Act for Fiscal Year 1999.....  105-262
    National Defense Authorization Act for Fiscal Year 2000.....  106-65
    National Emergencies Act....................................  94-412
    National Endowment for Democracy Act (title V)..............  98-164
    National Former Prisoners of War Recognition Day............  103-60
    National Missile Defense Act of 1999........................  106-38
    National Science Foundation Act of 1950.....................  81-507
    National Security and Corporate Fairness under the            106-113
     Biological Weapons Convention Act (chapter 2, subtitle A,
     title XI, division B, H.R. 3427, enacted by reference).....
    National Security Council...................................  80-253
    National Shipbuilding and Shipyard Conversion Act of 1993     103-160
     (title XIII, subtitle D)...................................
    National Space Council Authorization Act of 1990............  101-328
    NATO Participation Act of 1994 (title II)...................  103-447
    Nazi War Crimes Disclosure Act..............................  105-246
    Neutrality Act of 1939......................................  76-54
    Nicaraguan Adjustment and Central American Relief Act (title  105-100
     II)........................................................
    Nondiscriminatory Treatment Toward Products of Albania......  102-363
    Nondiscriminatory Treatment Toward Products of Romania......  103-133
    Nonindigenous Aquatic Nuisance Prevention and Control Act of  101-646
     1990.......................................................
    North American Free Trade Agreement Implementation Act......  103-182
    North Atlantic Treaty Organization Mutual Support Act of      96-323
     1979.......................................................
    North Korea Threat Reduction Act of 1999 (subtitle B, title   106-113
     VIII, division A, H.R. 3427, enacted by reference).........
    North Pacific Anadromous Stocks Act of 1992 (title VIII)....  102-567
    North Pacific Anadromous Stocks Convention Act of 1992        102-587
     (title VIII)...............................................
    North/South Center Act of 1991 (sec. 208)...................  102-138
    Northwest Atlantic Fisheries Convention Act of 1995 (title    104-43
     II)........................................................
    Nuclear Non-Proliferation Act of 1978.......................  95-242
    Nuclear Non-Proliferation Act of 1978--Agreements for         96-280
     Cooperation................................................
    Nuclear Proliferation Prevention Act of 1994 (title VIII)...  103-236
    Nuclear Waste Policy Act of 1982............................  97-425
    Oceans Act of 1992..........................................  102-587
    Office of National Drug Control Policy Reauthorization Act    105-277
     of 1998 (division C, title VII)............................
    Oil Pollution Act of 1990...................................  101-380
    Omnibus Budget Reconciliation Act of 1990...................  101-508
    Omnibus Consolidated and Emergency Supplemental               105-277
     Appropriations Act for Fiscal Year 1999....................
    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             102-28
     Appropriations Act, 1991...................................
    Overseas Private Investment Corporation Amendments Act of     100-461
     1988 (H.R. 5263, enacted by reference).....................
    Pacific Charter Commission Act of 2000 (title IV)...........  106-570
    Pacific Salmon Treaty Act of 1985...........................   99-5
    Paul D. Coverdell Fellows Program Act of 2000 (sec. 408)....  106-309
    Paul D. Coverdell World Wise Schools Act of 2000 (title VI).  106-570
    Panama Canal Act of 1979....................................  96-70
    Panama Canal Act Amendments of 1996.........................  104-201
    Panama Canal Commission Authorization Act for Fiscal Year     101-189
     1990 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     101-510
     1991 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     102-190
     1992 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     102-484
     1993 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     103-160
     1994 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     103-337
     1995 (title XXXVI).........................................
    Panama Canal Commission Authorization Act for Fiscal Year     104-106
     1996 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     104-201
     1997 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     105-85
     1998 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     105-261
     1999 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     106-65
     2000 (title XXXV)..........................................
    Par Value Modification Act..................................  92-268
    Par Value Modification Act--Foreign Currency Reports (title   93-110
     II)........................................................
    Peace Corps Act.............................................  87-293
    Peace Corps Act Amendments..................................  89-134
    Peace Corps Authorization for Fiscal Years 1986 and 1987      99-83
     (title XI).................................................
    Peace Corps Authorization for Fiscal Year 1993..............  102-565
    Peace Corps Reauthorization.................................  106-30
    Peace Process in Liberia....................................  102-270
    Persian Gulf Conflict Supplemental Authorization and          102-25
     Personnel Benefits Act of 1991.............................
    Pesticide Monitoring Improvements Act of 1988 (title IV,      100-418
     subtitle G)................................................
    PLO Commitments Compliance Act of 1989 (title VIII).........  101-246
    President's Emergency Food Assistance Act of 1984 (title      98-473
     III).......................................................
    Primary Dealers Act of 1988 (title III, subtitle F).........  100-418
    Proliferation Prevention Enhancement Act of 1999 (subtitle    106-113
     E, title XII, H.R. 3427, enacted by reference).............
    Protection and Reduction of Government Secrecy Act (title     103-236
     IX)........................................................
    Protection of Antarctica....................................  101-620
    Protection of Foreign Missions..............................  97-418
    Providing for Increased Participation by the United States    96-259
     in the Inter-American and Asian Development Banks and
     African Development Fund...................................
    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
    Radio Free Asia Act of 1998 (title XXXIX)...................  105-261
    Reaffirming North Atlantic Alliance--United States             96-9
     Commitment.................................................
    Reaffirming the Unity of the North Atlantic Alliance          95-287
     Commitment.................................................
    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
    Research and Training for Eastern Europe and the Independent  98-164
     States of the Former Soviet Union Act of 1983 (title VIII).
    Resolution To Promote Peace and Stability in the Middle East   85-7
    Rhinoceros and Tiger Conservation Act of 1994...............  103-391
    Rhinoceros and Tiger Conservation Act of 1998...............  105-312
    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
    Security Assistance Act of 1999 (title XII, H.R. 3427,        106-113
     enacted by reference)......................................
    Secure Embassy Construction and Counterterrorism Act of 1999  106-113
     (title VI, division A, H.R. 3427, enacted by reference)....
    Silk Road Strategy Act of 1999 (sec. 596, H.R. 3422, enacted  106-113
     by reference)..............................................
    Small Business International Trade and Competitiveness Act    100-418
     (title VII)................................................
    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
    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    96-175
     Act of 1979................................................
    Strom Thurmond National Defense Authorization Act for Fiscal  105-261
     Year 1999..................................................
    Supplemental Appropriations Act of 1993.....................  103-50
    Supplemental Appropriations Act, 1984.......................  98-181
    Supplemental Appropriations Act, 1985.......................  99-88
    Support for East European Democracy (SEED) Act of 1989......  101-179
    Support for Overseas Cooperative Development Act (sec. 401).  106-309
    Survival Assistance for Victims of Civil Strife in Central    101-215
     America....................................................
    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,    100-418
     part 4)....................................................
    Termination of Trade Restrictions to Czechoslovakia and       102-182
     Hungary....................................................
    To Provide for an Investigation of the Whereabouts of U.S.    103-372
     Citizens Missing From Cyprus Since 1974....................
    Tonkin Gulf Resolution......................................  88-408
    Torture Victim Protection Act of 1991.......................  102-256
    Torture Victims Relief Reauthorization Act of 1999..........  106-87
    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,      98-181
     part C)....................................................
    Trade and Tariff Act of 1984................................  98-573
    Trade Deficit Review Commission Act (division A, sec. 127)..  105-277
    Trade Expansion Act of 1962.................................  87-794
    Trading With the Enemy Act..................................  65-91
    Trans-Alaska Pipeline Authorization Act.....................  93-153
    Trust Territory of the Pacific Islands Act..................  92-257
    Tuna Conventions Act of 1950................................  81-764
    U.S. Holocaust Assets Commission Act of 1998................  105-186
    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 Nations Reform Act of 1998 (division F, subdivision    105-277
     C).........................................................
    United Nations Reform Act of 1999 (title IX, division A,      106-113
     H.R. 3427, enacted by reference)...........................
    United States-Canada Free Trade Agreement Implementation Act  100-449
     of 1988....................................................
    United States Government Opposition to the Practice of        98-447
     Torture....................................................
    United States Group of the North Atlantic Treaty              84-689
     Parliamentary Conferences--Participation Resolution........
    United States-Hong Kong Policy Act of 1992..................  102-383
    United States-India Fund for Cultural, Educational, and       98-164
     Scientific Cooperation Act (title IX)......................
    United States Information Agency Authorization for Fiscal     94-350
     Year 1977 (title II).......................................
    United States Information Agency Authorization for Fiscal     95-105
     Year 1978 (title II).......................................
    United States Information Agency Authorization Act, Fiscal    99-93
     Years 1986 and 1987 (title II).............................
    United States Information Agency Authorization Act, Fiscal    97-241
     Years 1982 and 1983 (title III)............................
    United States Information Agency Authorization Act, Fiscal    100-204
     Years 1988 and 1989 (title II).............................
    United States Information Agency Authorization Act, Fiscal    98-164
     Years 1984 and 1985 (title II).............................
    United States Information and Educational Exchange Act of     80-402
     1948.......................................................
    United States Institute for Peace Act (title XVII)..........  98-525
    United States International Broadcasting Act of 1994 (title   103-236
     III).......................................................
    United States-Israel Free Trade Area Implementation Act of    99-47
     1985.......................................................
    United States-Japan Fishery Agreement Approval Act of 1987..  100-220
    United States-Korea Fishery Agreement.......................  100-66
    United States-Macau Policy Act of 2000 (title II)...........  106-570
    United States Policy Toward Haiti...........................  103-423
    United States Recognition and Participation in International  91-269
     Expositions................................................
    United States Scholarship Program for Developing Countries    99-93
     Authorization, Fiscal Years 1986 & 1987 (title VI).........
    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
    Western Hemisphere Drug Elimination Act (division C, title    105-277
     VIII)......................................................
    Western Hemisphere Drug Elimination Technical Corrections     106-35
     Act........................................................
    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.
        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.

                                   I N D E X

                                  ----------                              _

                                        A

    Abkhazia
      Confidence building measures
        Appropriations, 2001...........  PL 106-429 Title II...       753
    Abortions
      Foreign aid funds prohibition....  PL 87-195 Sec 104(f)..        38
                                         PL 106-429 Title II...       744
                                         PL 106-429 Sec 518....       771
      Lobbying for
        Foreign aid funds prohibition..  PL 106-429 Sec 518....       771
      Peace Corps
        Foreign aid funds prohibition..  PL 106-429 Title II...       755
    Act of state doctrine
      Courts to decline
        Recognition of.................  PL 87-195 Sec                282
                                          620(e)(2).
    Admiral James W. Nance and Meg       PL 106-113............       533
     Donovan Foreign Relations
     Authorization Act, Fiscal Years
     2000 and 2001.
    Afghanistan-U.S. relations
      Economic Support Fund............  PL 99-83 Sec 904......       625
      Foreign aid prohibited...........  PL 87-195 Sec 620D....       294
    Africa (Southern)-U.S. relations
      International Disaster Assistance
        Supplemental appropriations....  PL 106-429 Title VI...       811
      Rehabilitation and reconstruction
        Supplemental appropriations....  PL 106-429 Title VI...       811
        Supplemental appropriations,     PL 106-246 Sec 501....       827
         2000.
    Africa
      Economic Support Fund
        Commodity import programs......  PL 99-83 Sec 801......       617
      HIV/AIDS training
        Findings of Congress...........  PL 106-264 Sec 114....       518
    Africa-U.S. relations
      Foreign aid......................  PL 87-195 Sec 206.....        82
        Famine relief assistance.......  PL 87-195 Sec 495K....       188
    Africa-U.S. relations
      Foreign aid
        Locust plagues.................  PL 95-424 Sec 120.....       683
        Refugees.......................  PL 87-195 Sec 495F....       185
      Trade
        United States Commercial         PL 102-549 Sec 401....       561
         Centers.
    Africa, sub-Saharan
      HIV/AIDS
        Drugs and medical technology     EO 13155..............       525
         access.
        U.S. policy goals..............  EO 13155..............       525
      Human rights
        Promoting adherence to.........  PL 87-195 Sec 116(e)..        52
      Orphans
        Support and education of.......  PL 106-264 Sec 113....       517
    Africa, sub-Saharan-U.S. relations
      Arms sales
        Limited........................  PL 90-629 Sec 33......       409
    Africa, sub-Saharan-U.S. relations--
     Continued
      Debt-for-nature exchanges........  PL 87-195 Chapter 7...       159
      Developmental activities
        Women..........................  PL 87-195 Sec 496(g)..       191
      Developmental aid
        Agriculture and natural          PL 87-195 Sec 496(i)..       192
         resources.
        Critical sectors...............  PL 87-195 Sec 496(j)..       193
        Findings of Congress...........  PL 87-195 Sec 496.....       189
        Private and voluntary            PL 87-195 Sec 496(e)..       190
         organizations.
        SADCC projects.................  PL 87-195 Sec 496(o)..       194
    African Development Bank
      Appropriations, 2001.............  PL 106-429 Title IV...       763
      HIPC Trust Fund..................  PL 106-429 Title II...       758
      U.S. foreign aid.................  PL 87-195 Sec 206.....        82
    African Development Foundation.....  PL 95-424 Sec 122.....       683
      Activities
        Authorities for................  PL 106-429 Sec 535....       779
      Appropriations, 2001.............  PL 106-429 Title II...       744
      Authorization of appropriations..  PL 96-533 Sec 510.....       664
      Authorization of appropriations,   PL 98-151 Sec                634
       1984.                              101(b)(2).
      Established......................  PL 96-533 Sec 503.....       660
      Functions........................  PL 96-533 Sec 505.....       660
      Investing grantees' funds........  PL 106-429 Sec 573....       801
      Management of....................  PL 96-533 Sec 507.....       662
      Powers...........................  PL 96-533 Sec 506.....       661
      Purposes.........................  PL 96-533 Sec 504.....       660
    African Development Foundation Act.  PL 96-533 Sec 501.....       659
    African Development Fund
      Appropriations, 2001.............  PL 106-429 Title IV...       763
      HIPC Trust Fund..................  PL 106-429 Title II...       758
    Agency for International
     Development
      Administrative expenses
        Supplemental appropriations....  PL 106-429 Title VI...       811
      Budget submission
        Report to Congress.............  PL 106-429 Sec 576....       802
                                         PL 102-391 Sec 599E...       885
      Capital projects
        Credit guarantees..............  PL 102-549 Sec 307....       561
        Report to Congress.............  PL 102-549 Sec 302(c).       559
      Capital projects office
        Established....................  PL 102-549 Sec 302....       559
      Child Survival and Disease
       Programs Fund
        Appropriations, 2001...........  PL 106-429 Title II...       743
      Developing countries
        Biological diversity...........  PL 87-195 Sec 119(g)..        60
        Tropical forests...............  PL 87-195 Sec 118(e)..        58
      Development assistance
        Appropriations, 2001...........  PL 106-429 Title II...       744
      Disaster assistance
        Supplemental appropriations,     PL 106-246 Sec 501....       827
         2000.
      Employees
        Volunteer separation incentives  PL 106-113 Sec 579....       530
      Global Environmental Center......  PL 106-309 Sec 402....       495
      Inspector General
        Reviewing Overseas Private       PL 87-195 Sec 239(e)..       124
         Investment Corporation.
      International Private Investment   PL 87-195 Sec 601(c)..       261
       Advisory Council on Foreign Aid.
      Microenterprise assistance
       activities
        Support for....................  PL 106-309 Sec 109....       490
      Office of Inspector General
        Appropriations, 2001...........  PL 106-429 Title II...       749
      Operating expenses
        Appropriations, 2001...........  PL 106-429 Title II...       749
      Overseas Private Investment        PL 87-195 Sec 233(b)..       104
       Corporation management.
    Agency for International
     Development--Continued
      Personnel
        Unified system.................  PL 95-424 Sec 401.....       684
      Property Management Fund
        Use of.........................  PL 101-513 Sec 585....       893
      Report to Congress
        Democracy transition             PL 106-429 Title II...       747
         initiatives.
    Aging
      U.N.
        World Assembly on..............  PL 95-424 Sec 117(e)..       682
    Agricultural commodities
      (see also Agricultural commodity
       sales)
      Of U.S. origin
        Purchasing.....................  PL 99-83 Sec 205......       584
      Tied aid credits program.........  PL 99-83 Sec 206......       584
    Agricultural commodity sales
      (see also Food aid)
      (see also Food for Peace)
      Authorization of appropriations..  PL 92-226 Sec 2.......       719
      Foreign currencies
        Release prohibited.............  PL 87-195 Sec 612.....       273
    Agriculture
      Food production
        Research.......................  PL 87-195 Sec 296.....       131
      International Fertilizer
       Development Center
        U.S. participation.............  PL 87-195 Sec 301(f)..       144
      Less-developed countries
        Foreign aid....................  PL 87-195 Sec 222A....        87
      Research.........................  PL 87-195 Sec 103A....        33
        International cooperation......  PL 87-195 Sec 297.....       136
    Agriculture Export Relief Act of     PL 105-194............       552
     1998.
    Agriculture, Secretary of
      (see also Agricultural commodity
       sales)
    Aid, Trade, and Competitiveness Act  PL 102-549 Sec 301....       559
     of 1992.
    AIDS
      Developing countries
        Research, treatment, and         PL 106-429 Sec 522....       773
         control of.
      Global Alliance for Vaccines and
       Immunizations
        Report to Congress.............  PL 106-264 Sec 112....       517
    Aircraft
      AWACS
        Foreign military sales.........  PL 99-83 Sec 131......       579
    Airports (foreign)
      Airport security.................  PL 99-83 Sec 551......       589
        Explosive detection techniques.  PL 99-83 Sec 557......       590
    Albert Schweitzer Hospital
      U.S. grants to...................  PL 93-189 Sec 33......       714
    Alien employees
      Foreign aid program..............  PL 87-195 Sec 635(f)..       319
    Aliens
      Status
        Adjustment by Attorney General.  PL 101-167 Sec 599E...       909
    Amerasians
      Vietnamese
        Admission to United States.....  PL 100-202 Sec 584....       914
    American National Red Cross
      Assisting in development and
       relief
        Foreign aid funds..............  PL 87-195 Sec 123(b)..        64
    American Schools and Hospitals
     Abroad
      Appropriations, Fiscal Year 2001.  PL 106-429 Title II...       746
    American University in Bulgaria
      Findings and sense of Congress...  PL 106-570 Sec 503....       483
    AmeriCares
      El Salvador
        Healthcare facilities..........  PL 106-429 Title II...       745
    AmeriCares--Continued
      Guatemala
        Healthcare facilities..........  PL 106-429 Title II...       745
      Honduras
        Healthcare facilities..........  PL 106-429 Title II...       745
      Nicaragua
        Healthcare facilities..........  PL 106-429 Title II...       745
    Anti-terrorism assistance program
      Authorization of appropriations..  PL 87-195 Sec 574.....       256
    Apartheid
      U.S. policy toward...............  PL 99-83 Sec 803......       619
    Appropriations
      Fiscal Year 2000
        Offsets and rescissions........  PL 106-113 Sec 301....       847
      Obligations (U.S.)
        Availability and closing.......  31 USC 1552-1555......       921
        Availability following           31 USC 1558...........       924
         resolution of protest.
      Remaining balances
        Availability...................  31 USC 1502...........       920
      1999 Emergency Supplemental
       Appropriations Act
        General Provisions.............  PL 106-31 Chapter 4...       854
      1999 Emergency Supplemental        PL 106-31.............       853
       Appropriations Act, 1999.
    Appropriations requests
      Submission to President..........  31 USC 1108...........       918
    Appropriations, Fiscal Year 1984
      Foreign aid programs.............  PL 98-151.............       916
    Appropriations, Fiscal Year 1988
      Foreign aid programs.............  PL 100-202............       911
    Appropriations, Fiscal Year 1990
      Foreign aid programs.............  PL 101-167............       897
    Appropriations, Fiscal Year 1991
      Foreign aid programs.............  PL 101-513............       886
    Appropriations, Fiscal Year 1993
      Foreign aid programs.............  PL 102-391............       882
    Appropriations, Fiscal Year 1994
      Foreign aid programs.............  PL 103-306............       880
    Appropriations, Fiscal Year 1996
      Foreign aid programs.............  PL 104-107............       874
    Appropriations, Fiscal Year 1997
      Foreign aid programs.............  PL 104-208............       867
    Appropriations, Fiscal Year 1999
      Emergency supplemental...........  PL 106-31.............       853
      Foreign aid programs.............  PL 105-277............       859
    Appropriations, Fiscal Year 2000
      Foreign aid programs.............  PL 106-113............       837
    Appropriations, Fiscal Year 2001
      Foreign aid programs.............  PL 106-429............       740
    Arab League
      Boycott of Israel
        Sense of Congress..............  PL 106-429 Sec 539....       782
    Arab-Israeli conflict
      (see Middle East)
    Arbitration
      Nationalizations
        Foreign aid cut-off............  PL 87-195 Sec                281
                                          620(e)(1).
    Armed forces
      (see Military)
    Armenia-U.S. relations
      Foreign aid, 2001................  PL 106-429 Title II...       753
    Arms control
      Conventional arms transfers
        Negotiations to limit..........  PL 99-83 Sec 129......       577
        Report to Congress.............  PL 99-83 Sec 129......       577
      Conventional weapons
        Developing nations.............  PL 93-559 Sec 51......       710
    Arms control--Continued
      Foreign military budgets
        Foreign aid considerations.....  PL 87-195 Sec 620(s)..       286
      Less-developed countries
        Limiting conventional arms.....  PL 99-83 Sec 129......       577
      Lethal products
        Review of......................  PL 95-92 Sec 27.......       696
      Military aid considerations......  PL 87-195 Sec 511.....       230
      South Asia
        Findings of Congress...........  PL 87-195 Sec 620F....       298
        Sense of Congress..............  PL 87-195 Sec 620F....       298
      U.S. foreign policy goals........  PL 90-629 Sec 1.......       368
    Arms Export Control Act............  PL 90-629.............       366
      Foreign aid......................  PL 87-195 Sec 636(g)..       325
    Arms sales (U.S.)
      Administration of
        Expenses.......................  PL 90-629 Sec 43......       447
      Authorization of appropriations..  PL 90-629 Sec 31......       406
      Cash sales.......................  PL 90-629 Sec 22......       389
      Civilian contract personnel
        Use of.........................  PL 90-629 Sec 42(f)...       447
      Commercial exports
        Agent fees.....................  PL 90-629 Sec 39......       434
        Illegal payments...............  PL 94-329 Sec 607.....       703
        Items manufactured by U.S.       PL 90-629 Sec 30......       404
         Government.
        Presidential certification.....  PL 90-629 Sec 36(c)...       419
        Suspension.....................  PL 90-629 Sec 42(e)...       447
      Coproduction outside United        PL 90-629 Sec 42(b)...       446
       States.
      Countries not supporting U.S.
       antiterrorism efforts
        Prohibited activities..........  PL 90-629 Sec 40A.....       444
      Countries supporting
       international terrorism
        Prohibited activities..........  PL 90-629 Sec 40......       437
      Country exemptions
        Bilateral agreements...........  PL 90-629 Sec 38(j)...       432
      Credit sales.....................  PL 90-629 Sec 23......       391
        Audits on private firms........  PL 90-629 Sec 23(f)...       395
        Available for countries other    PL 90-629 Sec 23(h)...       395
         than Israel and Egypt.
        Interest rates.................  PL 90-629 Sec 23(c)...       394
        Report to Congress.............  PL 90-629 Sec 23(g)...       395
      Credits
        Repayment......................  PL 96-92 Sec 17(b)....       668
      Egypt............................  PL 99-83 Sec 101(d)...       576
      Eligibility of foreign countries.  PL 90-629 Sec 3.......       371
      End-use monitoring...............  PL 90-629 Sec 40A.....       444
      Foreign governments
        Authorized uses of.............  PL 90-629 Sec 4.......       378
      Foreign intimidation and           PL 90-629 Sec 6.......       380
       harassment.
      Grants
        Appropriations, 2001...........  PL 106-429 Title III..       760
      Greece...........................  PL 99-83 Sec 101(e)...       576
      Guarantees to U.S. entities......  PL 90-629 Sec 24......       395
      Implementation of................  PL 91-672.............       723
      Incentive payments
        Prohibition on.................  PL 90-629 Sec 39A.....       435
      Israel...........................  PL 99-83 Sec 101(c)...       575
                                         PL 91-672 Sec 5.......       725
        Policy on......................  PL 95-92 Sec 26.......       696
      Javits reports...................  PL 90-629 Sec 25......       397
      Jordan...........................  PL 99-83 Sec 130......       578
        Presidential certification.....  PL 99-83 Sec 130(c)...       579
      Leasing
        Authority......................  PL 90-629 Sec 61......       453
        Congressional review...........  PL 90-629 Sec 63......       455
    Arms sales (U.S.)--Continued
      Less-developed countries.........  PL 90-629 Sec 1.......       368
      Licensed production outside        PL 90-629 Sec 42(b)...       446
       United States.
      Licensing requirements
        Country exemptions.............  PL 90-629 Sec 38(j)...       432
      Military construction services...  PL 90-629 Sec 29......       404
      Missiles and missile technology
        Export controls................  PL 90-629 Sec 71......       457
        Transfer of....................  PL 90-629 Sec 71......       457
      NATO/CFE countries...............  PL 90-629 Sec 92......       469
        Definitions....................  PL 90-629 Sec 95......       471
        Reports to Congress............  PL 90-629 Sec 94......       471
      North Atlantic Treaty
       Organization
        Cooperative projects...........  PL 90-629 Sec 27......       400
      Presidential certification.......  PL 90-629 Sec 36(b)...       414
        Published in Federal Register..  PL 90-629 Sec 36(f)...       423
      Presidential waiver..............  PL 90-629 Sec 40(g)...       441
      Procurement contracts
        Competitive pricing............  PL 90-629 Sec 22(d)...       391
      Procurement outside United States  PL 90-629 Sec 42(c)...       446
      Prohibited countries.............  PL 90-629 Sec 40(d)...       439
      Regulations......................  PL 90-629 Sec 38......       424
      Reimbursements...................  PL 87-195 Sec 524.....       239
      Report to Congress...............  PL 90-629 Sec 36(b)...       414
                                         PL 99-83 Sec 106......       577
      Reports to Congress..............  PL 90-629 Sec 25......       397
                                         PL 90-629 Sec 36......       410
      Sales from stocks................  PL 90-629 Sec 21......       381
      Saudi Arabia.....................  PL 99-83 Sec 131......       579
      Secretary of State's authority...  PL 90-629 Sec 2.......       370
      Security assistance surveys......  PL 90-629 Sec 26......       400
      Sophisticated weapons
        Presidential determination.....  PL 90-629 Sec 4.......       378
        Restrictions on................  PL 90-629 Sec 4.......       378
      Special Defense Acquisition Fund
        Established....................  PL 90-629 Sec 51......       450
      Transfers
        Presidential certification.....  PL 90-629 Sec 3(d)....       374
        Report to Congress.............  PL 90-629 Sec 3(d)(3).       376
      Turkey...........................  PL 99-83 Sec 101(f)...       577
      U.N. obligations.................  PL 90-629 Sec 4.......       378
      U.S. persons
        Prohibited activities..........  PL 90-629 Sec 40(b)...       438
                                         PL 90-629 Sec 71......       457
      Unauthorized use of..............  PL 90-629 Sec 3(c)....       373
      United States Munitions List
        Exports and imports............  PL 90-629 Sec 38......       424
      Waivers
        Report to Congress.............  PL 90-629 Sec 40(g)(2)       441
      Worldwide........................  PL 91-672 Sec 6.......       725
    Arms sales
      Foreign persons
        Economic sanctions against.....  PL 90-629 Sec 81......       466
      Global code of conduct
        Human rights respect...........  PL 106-113 Sec               544
                                          1262(b)(2).
        Terrorism......................  PL 106-113 Sec               544
                                          1262(b)(4).
      Haiti
        Eligibility for................  PL 106-429 Sec 561....       793
      International controls on........  PL 90-629 Sec 1.......       368
        Global code of conduct.........  PL 106-113 Sec 1262(b)       543
        Report to Congress.............  PL 106-113 Sec 1262(c)       544
      To Taiwan
        Congressional input on.........  PL 106-429 Sec 581....       804
      Training and related support
        Exchange of....................  PL 90-629 Sec 30A.....       405
        Report to Congress.............  PL 90-629 Sec 30A(d)..       406
    Asia
      Amerasian children
        Report to Congress.............  PL 99-83 Sec 903(b)...       624
      Foreign aid
        Disadvantaged children.........  PL 87-195 Sec 241.....       129
    Asia-U.S. relations
      Trade
        United States Commercial         PL 102-549 Sec 401....       561
         Centers.
    Asian Development Bank
      Authorization of appropriations    PL 93-189 Sec 28......       713
       for.
      Program review, evaluation, and    PL 87-195 Sec                143
       audit.                             301(e)(2).
    Asian Development Fund
      Appropriations, 2001.............  PL 106-429 Title IV...       763
    Assistance for International         PL 106-570 Sec 1......       480
     Malaria Control Act.
    Assistance for International         PL 106-570 Sec 101....       480
     Malaria Control Act of 2000.
    Australia-U.S. relations
      Standardization agreements.......  PL 90-629 Sec 21(g)...       385
    AWACS
      Saudi Arabia
        Presidential certification.....  PL 99-83 Sec 131......       579

                                        B

    Bahrain-U.S. relations
      Establishing categories for        PL 101-167 Sec 581....       905
       refugee determinations.
      Stinger missiles
        Restrictions on................  PL 101-167 Sec 581....       905
    Balance of payments
      Foreign aid
        Procurement abroad.............  PL 87-195 Sec 604.....       263
    Balkans-U.S. relations
      Foreign Military Financing
       Program
        Supplemental appropriations....  PL 106-429 Title VI...       812
      International military education
       and training
        Supplemental appropriations....  PL 106-429 Title VI...       812
    Baltic States-U.S. relations
      Economic Support Fund
        Foreign aid, 2001..............  PL 106-429 Title II...       751
    Banks (foreign)
      Developing countries
        U.S. technical assistance......  PL 87-195 Sec 129.....        68
    Banks
      (see also Asian Development Bank)
      (see also Inter-American
       Development Bank)
      (see also Multilateral
       development banks)
      (see also World Bank)
    Berlin
      (see also Germany-U.S. relations)
    Biological diversity
      Agency for International
       Development
        Country analysis requirements..  PL 87-195 Sec 119(d)..        59
      Protection of
        Agency for International         PL 87-195 Sec 119(g)..        60
         Development.
        Foreign aid....................  PL 87-195 Sec 119.....        59
        Private and voluntary            PL 87-195 Sec 119(f)..        60
         organizations.
    Blue Lantern Program
      Export and import controls.......  PL 90-629 Sec 38(g)(7)       431
    Bolivia-U.S. relations
      Drug control
        Supplemental appropriations,     PL 106-246 Title III..       828
         2000.
    Bolivia-U.S. relations--Continued
      Foreign aid
        Conditions for.................  PL 99-83 Sec 611......       591
    Bosnia and Herzegovina
      Economic revitalization
        Foreign aid restrictions.......  PL 106-429 Title II...       752
      Economic Support Fund
        Foreign aid, 2001..............  PL 106-429 Title II...       752
        Restrictions on foreign aid....  PL 106-429 Title II...       752
      Loan guarantees
        Foreign aid, 2001..............  PL 106-429 Title II...       752
    Brooke Amendment
      Foreign aid restrictions
        Exceptions.....................  PL 106-429 Sec 512....       767
    Bulgaria-U.S. relations
      American University in
        Findings and sense of Congress.  PL 106-570 Sec 503....       483
      Foreign Military Financing
       Program grants
        Authorization of                 PL 106-280 Sec 515(a).       506
         appropriations, 2001-2002.
      International military education
       and training
        Authorization of                 PL 106-280 Sec 515(b).       507
         appropriations, 2001-2002.
    Burma-U.S. relations
      Democratization
        Report to Congress.............  PL 104-208 Sec 570(d).       869
      Foreign aid restrictions.........  PL 104-208 Sec 570....       868

                                        C

    Cambodia-U.S. relations
      (see also Indochina War)
      Aid prohibition..................  PL 95-424 Sec 602.....       685
      Aliens in the United States
        Status of......................  PL 106-429 Sec 586....       806
      Defense commitment of United       PL 91-652 Sec 7.......       722
       States.
      Disaster assistance..............  PL 87-195 Sec 495H....       186
      Foreign aid......................  PL 99-83 Sec 905......       625
        Prohibited.....................  PL 96-533 Sec 717.....       666
      Khmer Rouge
        Foreign aid prohibition........  PL 99-83 Sec 906......       625
      Multilateral development banks
        Opposing loans to..............  PL 106-429 Sec 570....       800
      Opposing loans to................  PL 106-429 Sec 570....       800
    Canada-U.S. relations
      (see also International Joint
       Commission)
      Airports.........................  PL 94-329 Sec 608.....       704
      Livestock imports................  PL 99-83 Sec 721......       607
      Timber imports...................  PL 99-83 Sec 721......       607
    Capital
      Social Progress Trust Fund
        Transfers from.................  PL 93-189 Sec 36......       715
    Capital projects
      Agency for International
       Development
        Credit guarantees..............  PL 102-549 Sec 307....       561
      Developing countries
        Report to Congress.............  PL 102-549 Sec 305....       560
      Financing of.....................  PL 102-549 Sec 306....       561
    Capital stock
      African Development Bank
        U.S. subscription limitation...  PL 106-429 Title IV...       763
      European Bank for Reconstruction
       and Development
        U.S. subscription limitation...  PL 106-429 Title IV...       763
    Capital stock--Continued
      Increase in
        U.S. Multilateral Investment     PL 106-429 Title IV...       762
         Guarantee Agency.
    Caribbean (eastern)-U.S. relations
      Foreign aid
        Report to Congress.............  PL 96-533 Sec 313.....       657
    Caribbean area
      Hurricane relief assistance......  PL 87-195 Sec 495G....       186
      International Advisory
        Advisory Commission for the      PL 99-83 Sec 714......       604
         Caribbean Region.
    Caribbean Development Bank.........  PL 96-533 Sec 315.....       657
      Puerto Rican membership..........  PL 93-559 Sec 52......       710
    Caribbean-U.S. relations
      Drug control
        Supplemental appropriations,     PL 106-246 Title III..       828
         2000.
    Central America
      Countries
        Defined........................  PL 87-195 Sec 466.....       156
      Peace process
        Requests for additional aid....  PL 99-83 Sec 722(k)...       614
      Refugee assistance...............  PL 87-195 Sec 495I....       187
      Trade Credit Insurance Program...  PL 87-195 Sec 224.....        92
    Central America and the Caribbean
      Foreign aid
        Emergency supplemental           PL 106-31 Chapter 4...       854
         appropriations, 1999.
    Central America Democracy, Peace,
     and Development Initiative
      Authorization of appropriations..  PL 87-195 Sec 465.....       155
      Peace in Central America.........  PL 87-195 Sec 463.....       153
      Policy statement.................  PL 87-195 Sec 461.....       152
    Central America Emergency Trust
     Fund
      Emergency supplemental             PL 106-31 Chapter 4...       854
       appropriations, 1999.
    Central America-U.S. relations
      Foreign aid
        Central American Development     PL 87-195 Sec 464.....       154
         Organization.
        Conditions for.................  PL 87-195 Sec 462.....       153
        Coordination of................  PL 87-195 Sec 464.....       154
    Central American Bank for Economic
     Integration
      HIPC Trust Fund..................  PL 106-429 Title II...       758
    Central American Development
     Organization
      Establishment of.................  PL 87-195 Sec 464.....       154
    Chemical or biological weapons
      Export controls..................  PL 90-629 Sec 81......       466
      Proliferation control............  PL 87-195 Sec 581.....       258
    Chemical warfare
      Condemnation of..................  PL 97-113 Sec 716.....       643
    Chemical weapons
      Okinawa
        Transport from.................  PL 91-672 Sec 13......       725
    Chiefs of diplomatic missions
      Authority........................  PL 90-629 Sec 2.......       370
        Foreign aid....................  PL 87-195 Sec 622.....       304
                                         PL 87-195 Sec 631.....       311
    Child survival activities
      Agency for International
       Development
        Reimbursement of expenses......  PL 106-429 Sec 522....       772
    Child Survival and Disease Programs
     Fund
      Appropriations, 2001.............  PL 106-429 Title II...       743
    Children
      Asia
        Foreign aid....................  PL 87-195 Sec 241.....       129
    Children's Medical Relief
     International
      Foreign aid......................  PL 87-195 Sec 214(d)..        84
    Chile-U.S. relations
      Foreign aid
        Restrictions on................  PL 94-161 Sec 320.....       705
      Human rights.....................  PL 93-189 Sec 35......       715
      U.S. aid and sales
        Conditions on..................  PL 97-113 Sec 726.....       648
    China (Republic of)
      (see Taiwan)
    China
      Overseas Private Investment
       Corporation
        Workers rights.................  PL 87-195 Sec 231A(4).       103
    China-U.S. relations
      Embassy in Belgrade
        Damage compensation............  PL 106-554 Sec 602....       826
      Foreign aid
        Indirect funding prohibition...  PL 106-429 Sec 523....       773
      NGOs
        Promoting democracy in.........  PL 106-429 Sec 526....       774
      Overseas Private Investment
       Corporation
        Presidential determination.....  PL 87-195 Sec 239(f)..       124
    CITES
      Activities contrary to
        Foreign aid funds prohibited...  PL 106-429 Title II...       745
    Claims (against U.S. Government)
      Patents
        Foreign aid....................  PL 87-195 Sec 606.....       266
    Claims
      (see also Foreign claims)
      Foreign aid
        Fraudulent.....................  PL 87-195 Sec 640A....       326
      Investment disputes..............  PL 87-195 Sec 635(i)..       320
    Coal
      Federal Coal Export Commission...  PL 99-83 Sec 1304.....       631
    Collective security
      (see Mutual defense)
    Colombia
      Child soldiers demobilization
        Supplemental appropriations,     PL 106-246 Title III..       828
         2000.
      Helicopters for Army and National
       Police
        Supplemental appropriations,     PL 106-246 Title III..       828
         2000.
    Colombia-U.S. relations
      Armed Forces
        Certification to Congress......  PL 106-246 Sec 3201...       826
      Drug control strategy
        Report to Congress.............  PL 106-246 Sec 3202...       831
      Foreign aid
        Certification to Congress......  PL 106-246 Sec 3201...       826
                                         PL 106-246 Sec 3207...       835
        Notification requirements......  PL 106-429 Sec 520....       772
      Human rights
        Certification to Congress......  PL 106-246 Sec 3201...       826
      Military aid
        Waiver of costs................  PL 106-280 Sec 710....       512
      Narcotics control................  PL 96-533 Sec 402(c)..       658
      Persons aiding paramilitary
       groups
        Visa denial....................  PL 106-246 Sec 3205...       834
      Plan Colombia
        Limitations on support for.....  PL 106-246 Sec 3204...       832
      Population planning
        Funding limitation.............  PL 106-246 Sec 3206...       834
      U.S. military personnel
        Assignment limitation..........  PL 106-246 Sec 3204(b)       832
        Assignment limitation waiver...  PL 106-246 Sec 3204(c)       833
    Commander-in-Chief powers
      (see War powers)
    Commission for the Preservation of   PL 99-83 Sec 1303.....       629
     America's Heritage Abroad.
    Commodities
      Surplus
        Opposing production of.........  PL 106-429 Sec 514....       768
    Communist countries
      Foreign aid
        Countries specified............  PL 87-195 Sec 620(f)..       283
      U.S. relations with
        Foreign aid....................  PL 87-195 Sec 620(f)..       283
    Competition
      (see Private enterprise)
    Comptroller General of the United
     States
      (see also General Accounting
       Office)
    Conciliators
      (see Arbitration)
    Congo, Democratic Republic of-U.S.
     relations
      Aid prohibition..................  PL 106-429 Sec 567....       799
      Foreign aid
        Notification requirements......  PL 106-429 Sec 520....       772
    Congress
      (see also Reports to Congress)
      (see also War powers)
      Foreign aid
        Termination of.................  PL 87-195 Sec 617.....       277
      Requests for information
        Foreign aid....................  PL 87-195 Sec 633A....       314
      Senate procedure.................  PL 94-329 Sec 601.....       701
      State Department
        Oversight of...................  PL 92-226 Sec 407.....       720
    Conservation
      Endangered wildlife
        Foreign aid....................  PL 106-429 Title II...       746
    Consolidated Appropriations Act,     PL 106-554............       825
     2001.
    Contingency fund
      Authorization of appropriations..  PL 87-195 Sec 451.....       151
        Report to Congress.............  PL 87-195 Sec                152
                                          451(a)(2).
    Continuing Appropriations, Fiscal    PL 106-275............       819
     Year 2001.
    Contracts repudiated by foreign
     governments.
      Foreign aid cut-off..............  PL 87-195 Sec                281
                                          620(e)(1)(B).
    Convention on the International      PL 106-429 Title II...       745
     Trade in Endangered Species of
     Wild Fauna and Flora.
    Cooperative research and
     development programs
      Non-NATO allies
        Lending equipment and supplies.  PL 90-629 Sec 65......       456
    Countries, foreign
      Agricultural commodities
        In competition with United       PL 106-429 Sec 513(b).       768
         States.
      Assistance to security forces
        Limitation on..................  PL 106-429 Sec 563....       794
      Commodities
        In competition with United       PL 106-429 Sec 513....       767
         States.
      Development
        Microenterprise institutions...  PL 106-309 Sec 103....       488
      Good governance
        Transparency and accountability  PL 87-195 Sec 133.....        78
      High income
        Military aid prohibitions......  PL 87-195 Sec 546.....       250
      Improving accountability.........  PL 106-309 Sec 202....       203
      Intellectual property
        International protection of....  PL 103-392 Sec 501....       556
      Loans from IFIs
        Auditing funds and receipts....  PL 104-208 Sec 576....       870
    Countries, foreign--Continued
      Malaria
        Eradication assistance.........  PL 106-570 Sec 103....       481
        Findings of Congress...........  PL 106-570 Sec 102....       481
      Military aid
        Prohibitions...................  PL 87-195 Sec 546.....       250
      Nuclear enrichment transfers
        Aid prohibition................  PL 90-629 Sec 101.....       472
      Nuclear reprocessing transfers
        Aid prohibition................  PL 90-629 Sec 102.....       473
      Promoting good governance........  PL 87-195 Sec 133.....        78
      Promoting good governance
       projects
        Report to Congress.............  PL 87-195 Sec 133(d)..        80
      Sanctuary to indicted war
       criminals
        Restrictions on assistance.....  PL 106-429 Sec 564....       794
      Trafficking Victims Protection
       Act of 2000
        Foreign aid....................  PL 87-195 Sec 134.....        81
    Courts
      Act of state doctrine............  PL 87-195 Sec                282
                                          620(e)(2).
      Venue
        Overseas Private Investment      PL 87-195 Sec 239(a)..       122
         Corporation.
    Croatia-U.S. relations
      Foreign aid
        Supplemental appropriations....  PL 106-429 Title VI...       812
        Supplemental appropriations,     PL 106-246 Sec 501....       827
         2000.
    Cuba
      Human rights
        Sense of Congress..............  PL 99-83 Sec 718......       606
      Intelligence facilities
        Soviet Union (former),           PL 87-195 Sec 498A(d).       200
         independent states of.
      Refugees.........................  PL 96-533 Sec 715.....       665
        Deportation of.................  PL 96-533 Sec 712.....       665
    Cuba-Russia relations
      Intelligence
        Collection of..................  PL 87-195 Sec 498A(d).       200
    Cuba-U.S. relations
      Drug control.....................  PL 99-83 Sec 617......       593
      Drug trafficking
        Findings of Congress...........  PL 99-83 Sec 617......       593
      Foreign aid
        Direct funding prohibition.....  PL 106-429 Sec 507....       765
        Indirect funding prohibition...  PL 106-429 Sec 523....       773
        Prohibited.....................  PL 96-533 Sec 717.....       666
                                         PL 95-424 Sec 602.....       685
      Foreign aid prohibition..........  PL 87-195 Sec 620(a)..       279
    Currencies, foreign
      (see also Agricultural commodity
       sales)
      Counterpart funds
        Military activities............  PL 93-189 Sec 40......       717
      Educational and cultural exchange  PL 87-195 Sec 612.....       273
       programs.
      Foreign aid......................  PL 87-195 Sec 636.....       321
        Accounting.....................  PL 87-195 Sec 613.....       274
        Military activities............  PL 93-189 Sec 40......       717
        Presidential discretion........  PL 87-195 Sec 614.....       275
        Special authority..............  PL 87-195 Sec 648.....       333
      Inconvertibility
        Overseas Private Investment      PL 87-195 Sec                107
         Corporation insurance against.   234(a)(1)(A).
      Maximum use of...................  PL 87-195 Sec 612.....       273
      Social Progress Trust Fund.......  PL 93-189 Sec 36......       715
    Cyprus-Turkey relations
      Settlement of conflict...........  PL 99-83 Sec 101(f)...       577
    Cyprus-U.S. relations
      Development assistance
        Appropriations, 2001...........  PL 106-429 Title II...       746
      Eastern Mediterranean policy.....  PL 95-384 Sec 13......       686
      Economic Support Fund............  PL 99-83 Sec 203......       583
      Foreign aid......................  PL 87-195 Sec 495.....       182
      Negotiations with Turkey.........  PL 87-195 Sec 620(x)..       287
        Report to Congress.............  PL 87-195 Sec                289
                                          620(x)(2).
      Settlement in....................  PL 87-195 Sec 620C....       292
    Czech Republic-U.S. relations
      Foreign Military Financing
        Authorization of                 PL 106-280 Sec 511....       503
         appropriations, 2001-2002.

                                        D

    Debt-for-development
      Nongovernmental organizations
        Local currency investing.......  PL 106-429 Sec 531....       776
    Debts (foreign)
      Agricultural Trade Development
       and Assistance Act of 1954
        Reduction of...................  PL 87-195 Sec 807.....       357
      Cancellation of..................  PL 106-113 Title V....       528
      Commodity credits
        Reduction of...................  PL 87-195 Sec 807.....       357
      Concessional loans
        Reduction of...................  PL 87-195 Sec 806.....       356
      Debt reduction
        Cancellation of................  PL 106-113 Sec 501....       528
        Eligible countries.............  PL 106-113 Sec 501(d).       528
        Exceptions.....................  PL 106-113 Sec 501(f).       529
        HIPC Trust Fund................  PL 106-429 Title VI...       813
        Implementation of..............  PL 87-195 Sec 704(a)..       348
        Multilateral debt relief.......  PL 106-113 Sec 503....       530
        Payment of principal...........  PL 87-195 Sec 705.....       349
        Presidential authority.........  PL 87-195 Sec 704(a)..       348
      Debt-for nature exchanges........  PL 87-195 Sec 802.....       353
      Debt-for nature swaps
        Authority for..................  PL 87-195 Sec 808.....       358
        Eligible loans and credits.....  PL 87-195 Sec 808(a)..       358
      Debt-for-nature exchanges........  PL 87-195 Chapter 7...       156
        AID assistance.................  PL 87-195 Chapter 7...       157
        Eligible countries.............  PL 87-195 Chapter 7...       158
        Eligible projects..............  PL 87-195 Chapter 7...       157
        Sub-Saharan Africa.............  PL 87-195 Chapter 7...       159
        Terms and conditions...........  PL 87-195 Chapter 7...       158
      Egypt
        Report to Congress.............  PL 99-83 Sec 1205.....       627
      Foreign Assistance Act of 1961
        Reduction of...................  PL 87-195 Sec 806.....       356
      Forgiveness
        HIPC Initiative................  PL 106-429 Sec 801....       814
      Heavily Indebted Poor Countries    PL 106-113 Sec 502....       530
       Initiative.
      Israel
        Report to Congress.............  PL 99-83 Sec 1205.....       627
      Latin America
        Report to Congress.............  PL 99-83 Sec 719......       606
      Owed to the United States
        Authority to reduce............  PL 106-429 Sec 556....       790
        Buybacks or sales of...........  PL 106-429 Sec 557....       791
      Portugal
        Report to Congress.............  PL 99-83 Sec 1205.....       627
      Reduction of
        Authority to reduce............  PL 87-195 Sec 806.....       356
                                         PL 87-195 Sec 806.....       356
    Debts (foreign)--Continued
      Restructuring
        Appropriations, 2001...........  PL 106-429 Title II...       757
        Emergency supplemental           PL 106-31 Chapter 4...       854
         appropriations, 1999.
      Settlement of....................  PL 94-161 Sec 321.....       705
      Turkey
        Report to Congress.............  PL 99-83 Sec 1205.....       627
    Debts (U.S.)
      Debt reduction
        Gifts to the United States.....  PL 106-429 Title VII..       813
    Defense articles
      Authorization of appropriations
        Credit sales...................  PL 106-280 Sec 101....       498
      Commercial leasing of
        Presidential determination.....  PL 106-429 Sec 589....       808
      Stockpiles
        Transfers to Israel............  PL 106-280 Sec 112....       499
      Transfers to Israel
        Congressional notification.....  PL 106-280 Sec 112(c).       500
    Defense offsets
      Declaration of policy............  PL 106-113 Sec 1242(b)       538
      Findings of Congress.............  PL 106-113 Sec 1242...       537
      Multilateral treaty
        Review of by President.........  PL 106-113 Sec 1248...       541
      Review commission established....  PL 106-113 Sec 1247...       539
      Sense of Congress................  PL 106-113 Sec 1242...       537
      Treaty feasibility
        Report to Congress.............  PL 106-113 Sec 1248(b)       542
    Defense Offsets Disclosure Act of    PL 106-113 Sec 1241...       537
     1999.
                                         PL 106-113 Sec 1242...       537
      Definitions......................  PL 106-113 Sec 1243...       538
    Defense, Secretary of
      Military aid administration......  PL 87-195 Sec 623.....       305
    Democracy
      Transition Initiatives
        Appropriations, 2001...........  PL 106-429 Title II...       747
    Department of Defense
      (see Defense, Department of)
    Desalting plant
      Development of...................  PL 87-195 Sec 219.....        84
    Desert Shield
      (see Operation Desert Shield)
    Desert Shield/Desert Storm
      (see Operation Desert Shield/
       Desert Storm)
    Desert Storm
      (see Operation Desert Storm)
    Developing countries
      Agency for International
       Development
        Capital projects...............  PL 102-549 Sec 302....       559
      Central banks
        U.S. technical assistance        PL 87-195 Sec 129.....        68
         program.
      Cooperatives
        Foreign aid....................  PL 87-195 Sec 111.....        47
      Foreign aid
        Infant feeding practices.......  PL 97-113 Sec 301(b)..       638
      Foreign governments and banks
        U.S. technical assistance        PL 87-195 Sec 129.....        68
         program.
      Health care
        Promoting immunization and oral  PL 99-529 Sec 101.....       569
         rehydration.
      Loan guarantees
        Appropriations, 2001...........  PL 106-429 Title II...       747
      Malaria
        Findings of Congress...........  PL 106-570 Sec 102....       480
      Microenterprises
        Foreign aid....................  PL 106-429 Title II...       747
    Developing countries--Continued
      Microfinance programs
        Findings of Congress...........  PL 106-309 Sec 102....       485
      Natural resources
        Foreign aid....................  PL 87-195 Sec 118(c)..        56
      Private and voluntary
       organizations
        Participation..................  PL 87-195 Sec 123.....        63
      Private enterprise
        Loan guarantees................  PL 87-195 Sec 108.....        45
      Secretary of Treasury
        Technical assistance program...  PL 87-195 Sec 129.....        68
      Tropical forests
        Conservation of................  PL 87-195 Sec 802.....       353
        Eligibility for benefits.......  PL 87-195 Sec 805.....       355
    Development
      (see also Alliance for Progress)
      (see also Foreign aid)
      (see also Less-developed
       countries)
      (see also U.N.)
      Employee stock ownership plans
        Expanded us of.................  PL 99-83 Sec 713......       603
      International Advisory Commission  PL 99-83 Sec 714......       604
       for the Caribbean Region.
      Microenterprise assistance
        Definitions....................  PL 106-309 Sec 104....       488
      Microfinance programs
        Findings of Congress...........  PL 106-309 Sec 102....       485
      Presidential Task Force on         PL 99-83 Sec 713......       603
       Project Economic Justice.
    Development aid
      (see Foreign aid)
    Development Assistance Committee
      (see Organization for Economic
       Cooperation and Development)
    Development Coordination Committee
      Establishment of.................  PL 87-195 Sec 640B....       327
    Development Fund for Africa
      Authorization of appropriations..  PL 87-195 Sec 497.....       194
    Development Loan Committee
      Establishment of.................  PL 87-195 Sec 122(e)..        63
    Diego Garcia
      (see Indian Ocean)
    Disaster assistance
      Africa...........................  PL 87-195 Sec 495K....       188
      Foreign aid......................  PL 87-195 Sec 491-495H       180
        Authorization of appropriations  PL 87-195 Sec 492(a)..       181
        Borrowing authority............  PL 87-195 Sec 492(b)..       182
      International
        Appropriations, 2001...........  PL 106-429 Title II...       747
      Lebanon..........................  PL 87-195 Sec 495J....       188
      Nicaragua........................  PL 87-195 Sec 494.....       182
      Pakistan.........................  PL 87-195 Sec 494.....       182
    Disaster relief
      (see also Foreign aid, disaster
       assistance)
      (see also Humanitarian
       assistance)
    Discrimination
      Against U.S. personnel
        Foreign aid restrictions.......  PL 87-195 Sec 666.....       344
        Military aid restrictions......  PL 87-195 Sec 505(g)..       224
        Military sales restrictions....  PL 90-629 Sec 5.......       379
        Reports to Congress............  PL 87-195 Sec 505(g)..       224
                                         PL 90-629 Sec 5.......       379
    Drug control
      Aerial eradication
        Herbicides.....................  PL 87-195 Sec 481(d)..       162
      Aircraft record retention........  PL 87-195 Sec 485.....       170
      Authorization of appropriations..  PL 87-195 Sec 482.....       165
    Drug control--Continued
      Colombia
        Anti-narcotics program.........  PL 96-533 Sec 402(c)..       658
      Contribution by recipient country  PL 87-195 Sec 482(c)..       167
      Countries failing to control
        Reallocation of assistance       PL 87-195 Sec 486.....       170
         funds.
      Crop eradications
        Reimbursement prohibition......  PL 87-195 Sec 483.....       168
      Cuba
        Findings of Congress...........  PL 99-83 Sec 617......       593
      Decertified countries
        Foreign aid denial.............  PL 87-195 Sec 490(e)..       179
      Drug traffickers
        Aid prohibition................  PL 87-195 Sec 487.....       171
      Foreign aid
        Certification procedures.......  PL 87-195 Sec 490.....       176
        Prohibition on using to acquire  PL 87-195 Sec 488.....       171
         real property.
        Reports to Congress............  PL 87-195 Sec 489.....       172
                                         PL 87-195 Sec 489(b)..       175
        Restrictions waiver............  PL 104-164 Sec 133....       555
        Weapons and ammunition           PL 87-195 Sec 482(b)..       167
         procurement restrictions.
        Withholding of.................  PL 87-195 Sec 490.....       176
      Foreign countries
        Major drug transit               PL 87-195 Sec 490(h)..       180
         determination.
      Foreign governments use of U.S.
       aircraft
        Control of.....................  PL 87-195 Sec 484(b)..       169
        Leasing requirement............  PL 87-195 Sec 484.....       168
        Reports to Congress............  PL 87-195 Sec 484(c)..       169
      Foreign policing activities
        U.S. participation in..........  PL 87-195 Sec 481(c)..       161
      Illicit narcotics cultivation
        Alternative economic             PL 87-195 Sec 126.....        67
         development programs.
      International illicit narcotics
        Reobligation of funds..........  PL 97-113 Sec 502.....       639
        Sense of Congress..............  PL 87-195 Sec 481.....       159
      International narcotics and law
       enforcement
        Emergency supplemental           PL 106-31 Chapter 4...       854
         appropriations.
      International narcotics
        Definitions....................  PL 87-195 Sec 481(e)..       163
        Notification requirement.......  PL 104-164 Sec 132....       554
      International Narcotics Control    PL 87-195 Sec 489(a)..       172
       Strategy Report.
      Jamaica
        Economic Support Fund..........  PL 99-83 Sec 610......       591
      Latin America
        Establishing a regional          PL 99-83 Sec 615......       593
         organization.
        Military equipment transfers...  PL 101-167 Sec 573(f).       904
        Transfer of funds appropriated.  PL 101-167 Sec 569(d).       902
      Narcotics interdictions
        Appropriations, 2001...........  PL 106-429 Title II...       755
      Narcotics traffickers extradition
        Reports to Congress............  PL 106-246 Sec 3203...       831
      Peru.............................  PL 99-83 Sec 612......       592
      Plan Colombia
        Definition.....................  PL 106-246 Sec 3204(h)       834
        Limitations on assignment of     PL 106-246 Sec 3204(b)       832
         U.S. military personnel.
        Limitations on support for.....  PL 106-246 Sec 3204...       832
      Secretary of State coordinating    PL 87-195 Sec 481(b)..       161
       U.S. assistance activities.
      Traffickers
        Accessing foreign bank accounts  PL 99-83 Sec 619......       702
    Drug control--Continued
      Using aircraft
        Providing defensive weapons....  PL 99-83 Sec 607......       590

                                        E

    East Timor
      Relief for
        Sense of Congress..............  PL 96-533 Sec 408.....       659
    East Timor-U.S. relations
      Economic Support Fund
        Foreign aid, 2001..............  PL 106-429 Title II...       750
    Economic aid
      (see Foreign aid)
    Economic Support Fund..............  PL 87-195 Chapter 4          241
                                          Note.
      Administration of justice
        Assistance in support of.......  PL 87-195 Sec 534.....       246
                                         PL 106-429 Sec 540....       783
      Afghanistan......................  PL 99-83 Sec 904......       625
      Appropriations, 2001.............  PL 106-429 Title II...       750
      Authority........................  PL 87-195 Sec 531.....       241
      Authorization of appropriations..  PL 87-195 Sec 532.....       243
      Commodity Import Program
        Minimum allowance for..........  PL 97-113 Sec 203.....       638
      Commodity import programs
        Africa.........................  PL 99-83 Sec 801......       617
      Cyprus...........................  PL 99-83 Sec 203......       583
      East Timor
        Appropriations, 2001...........  PL 106-429 Title II...       750
      Egypt............................  PL 99-83 Sec 202......       582
                                         PL 95-92 Sec 9........       694
        Appropriations, 2001...........  PL 106-429 Title II...       750
        Authorization of                 PL 106-280 Sec 514(b).       505
         appropriations, 2001-2002.
      Emergency assistance.............  PL 87-195 Sec 533.....       246
      Funds available for minority       PL 99-83 Sec 315......       586
       enterprises.
      Indonesia
        Appropriations, 2001...........  PL 106-429 Title II...       750
      Israel...........................  PL 99-83 Sec 202......       582
        Appropriations, 2001...........  PL 106-429 Title II...       750
        Authorization of                 PL 106-280 Sec 513(b).       504
         appropriations, 2001-2002.
      Jordan
        Appropriations, 2001...........  PL 106-429 Title II...       750
        Supplemental appropriations....  PL 106-113 Title VI...       845
      NGOs
        Humanitarian aid in Chechyna     PL 106-429 Title II...       755
         and Ingushetia.
      NGOs outside China
        Supporting democracy...........  PL 106-429 Sec 526....       774
      Nuclear facilities
        Restrictions on funding........  PL 99-83 Sec 207......       585
      Portugal.........................  PL 99-83 Sec 204......       584
      Southern Africa..................  PL 99-83 Sec 802......       618
      Sudan,
        National Democratic Alliance of  PL 106-429 Title II...       750
      Tunisia..........................  PL 99-83 Sec 805......       620
      Turkey
        Fiscal Year 1979 supplemental    PL 96-92 Sec 27.......       670
         authorization.
      West Bank and Gaza
        Supplemental appropriations....  PL 106-113 Title VI...       845
      Zaire............................  PL 99-83 Sec 804......       620
    Ecuador-U.S. relations
      Drug control
        Supplemental appropriations,     PL 106-246 Title III..       828
         2000.
    Education
      Foreign aid
        Authorization of appropriations  PL 87-195 Sec 105.....        40
      International University for the   PL 102-549 Sec 604....       564
       Americas.
      Schools (abroad)
        Sponsored by United States.....  PL 87-195 Sec 214.....        83
    Education and human resources
      Developmental assistance
        Authorization of appropriations  PL 87-195 Sec 105.....        40
    Educational and cultural exchange
      Foreign currencies...............  PL 87-195 Sec 612.....       273
      Foreign currencies from arms       PL 87-195 Sec 505(f)..       223
       sales.
    Egypt-Israel relations
      Peace process....................  PL 99-83 Sec 1206.....       628
    Egypt-U.S. relations
      Arms sales.......................  PL 99-83 Sec 101(d)...       576
        Grants.........................  PL 106-429 Title III..       760
      Economic conditions
        Impact on foreign debt.........  PL 99-83 Sec 1205.....       627
      Economic Support Fund............  PL 99-83 Sec 202......       582
        Authorization of                 PL 106-280 Sec 514(b).       505
         appropriations, 2001-2002.
        Foreign aid, 2001..............  PL 106-429 Title II...       750
      Foreign Military Financing
       Program
        Authorization of appropriations  PL 106-280 Sec 514(c).       505
        Supplemental appropriations....  PL 106-113 Title VI...       845
      Military aid
        Authorization of                 PL 106-280 Sec 514....       505
         appropriations, 2001-2002.
      Peace negotiations...............  PL 95-384 Sec 28......       689
    El Salvador-U.S. relations
      AmeriCares
        Healthcare facilities..........  PL 106-429 Title II...       745
      Foreign aid......................  PL 97-113 Sec 728.....       650
        Findings of Congress...........  PL 99-83 Sec 702......       702
        Suspension of..................  PL 99-83 Sec 702(g)...       598
      Military aid.....................  PL 101-513 Sec 531....       886
        Conditions for.................  PL 98-151 Sec                634
                                          101(b)(2).
      Murders of American churchwomen
        Releasing information on.......  PL 106-429 Sec 587....       807
      Police training
        Foreign aid for................  PL 87-195 Sec 660(d)..       340
      Refugee assistance...............  PL 87-195 Sec 495I....       187
                                         PL 97-113 Sec 731.....       652
      Report to Congress...............  PL 97-113 Sec 729.....       652
      U.S. aid
        Conditions on..................  PL 97-113 Sec 727-730.       649
    Emergencies (national)
      (see National emergency)
    Emergency Supplemental Act, 2000...  PL 106-246............       826
    Emergency Supplemental               PL 106-429 Title VI...       811
     Appropriations.
    Emergency Supplemental               PL 104-6..............       876
     Appropriations and Rescissions for
     the Department of Defense to
     Preserve and Enhance Military
     Readiness Act of 1995.
    Emigration
      (see Immigration, foreign)
    Employees (U.S.)
      Exporting production
        Restrictions under this Act....  PL 102-549 Sec 801....       566
    Endangered species
      Foreign aid......................  PL 87-195 Sec 119.....        59
      Protection of
        Foreign aid....................  PL 87-195 Sec 119.....        59
        Reports to Congress............  PL 87-195 Sec 119(h)..        61
    Energy, Department of
      Foreign aid programs.............  PL 87-195 Sec 106(c)..        43
    Enterprise for the Americas
      Americas Framework Agreement.....  PL 87-195 Sec 708.....       350
        Report to Congress.............  PL 87-195 Sec 710.....       352
      Enterprise for the Americas Board  PL 87-195 Sec 709.....       351
    Enterprise for the Americas Act of   PL 102-549 Sec 601....       564
     1992.
    Enterprise for the Americas Board
      Tropical Forest Agreements
        Advice on......................  PL 87-195 Sec 811(b)..       361
    Enterprise for the Americas
     Facility
      Country eligibility
        Presidential determination.....  PL 87-195 Sec 703(b)..       348
      Debt reduction...................  PL 87-195 Sec 703.....       347
      Foreign aid
        Country eligibility............  PL 87-195 Sec 703(a)..       347
    Enterprise for the Americas Fund
      Establishment of.................  PL 87-195 Sec 707.....       349
    Enterprise for the Americas          PL 87-195 Sec 701.....       346
     Initiative.
      Definitions......................  PL 87-195 Sec 702.....       346
    Enterprise for the Americas
     Multilateral Investment Fund
      U.S. contribution
        Appropriations, 2001...........  PL 106-429 Title IV...       763
    Environment
      Clean coal technology
        Findings of Congress...........  PL 106-429 Sec 537....       780
      Developing countries
        Findings of Congress...........  PL 87-195 Sec 117.....        54
      Developmental programs
        U.S. policies toward...........  PL 101-513 Sec 533....       890
      Global Warming Initiative........  PL 101-513 Sec 533....       890
      Global Warming Initiative
        U.S. policies toward...........  PL 101-167 Sec 534....       899
      Greenhouse gases
        Report on costs to reduce......  PL 106-429 Sec 566....       798
      Multilateral development banks
        Report to Congress.............  PL 102-391 Sec 532(c).       883
      Natural resources
        Foreign aid....................  PL 87-195 Sec 117.....        54
    Equatorial Guinea-U.S. relations
      Foreign aid......................  PL 96-533 Sec 314.....       657
    Eritrea-U.S. relations
      Foreign aid
        Notification requirements......  PL 106-429 Sec 520....       772
    Estonia-U.S. relations
      Foreign Military Financing
       Program grants
        Authorization of                 PL 106-280 Sec 515(a).       506
         appropriations, 2001-2002.
      International military education
       and training
        Authorization of                 PL 106-280 Sec 515(b).       506
         appropriations, 2001-2002.
    Ethopia-U.S. relations
      Foreign aid
        Notification requirements......  PL 106-429 Sec 520....       772
    Europe (Eastern)-U.S. relations
      Economic Support Fund
        Foreign aid, 2001..............  PL 106-429 Title II...       751
      Overseas Private Investment
       Corporation
        Presidential determination.....  PL 87-195 Sec 239(f)..       125
      SEED Act of 1989
        Economic Support Fund..........  PL 106-429 Title II...       751
    Europe (Southeast)-U.S. relations
      Foreign Military Financing
       Program
        Supplementals..................  PL 106-429 Title VI...       812
    Europe (Southeast)-U.S. relations--
     Continued
      International military education
       and training
        Supplemental appropriations....  PL 106-429 Title VI...       812
    European Bank for Reconstruction
     and Development
      Appropriations, 2001.............  PL 106-429 Title IV...       763
    European Bank for Reconstruction     PL 101-513 Sec 562(c).       892
     and Development Act.
    Excess defense articles
      Arms sales
        Defined........................  PL 90-629 Sec 47(1)...       449
      Authorizing transportation funds
        Partnership for Peace countries  PL 104-164 Sec 105....       553
        SEED countries.................  PL 104-164 Sec 105....       553
      Defined..........................  PL 87-195 Sec 644(g)..       331
      Leasing to foreign countries.....  PL 90-629 Sec 61......       454
      Transfer of
        Drug enforcement activities....  PL 101-167 Sec 573(f).       904
        Notification requirements......  PL 106-429 Sec 524....       773
      U.S.
        Notification to Congress.......  PL 87-195 Sec 516(f)..       237
      U.S. transfer to NATO's southern   PL 87-195 Sec 516.....       235
       flank.
    Excess property
      Required use of..................  PL 87-195 Sec 608.....       269
      Transfer to voluntary agencies...  PL 87-195 Sec 607.....       267
    Executive agreements
      (see Executive-legislative
       relations)
    Executive-legislative relations
      (see also War powers)
      Arms sales.......................  PL 90-629 Sec 36(b)...       414
    Export controls
      Arms sales.......................  PL 90-629.............       366
      Chemical or biological weapons
        Economic sanctions.............  PL 90-629 Sec 81......       466
      Missiles and missile technology
        Secretary of Defense...........  PL 90-629 Sec 71......       457
        Secretary of State.............  PL 90-629 Sec 71......       457
    Export-Import Bank
      Financing by
        Limitations on.................  PL 87-195 Sec 632(f)..       312
      Nuclear equipment exports
        Funds restrictions.............  PL 106-429 Title I....       741
      Overseas Private Investment
       Corporation
        Appropriations, 2001...........  PL 106-429 Title I....       742
        Noncredit account..............  PL 106-429 Title I....       742
        Program account................  PL 106-429 Title I....       742
                                         PL 106-113 Title I....       838
      Program limitation, 2001.........  PL 106-429 Title I....       741
      Subsidy costs
        Appropriations, 2000...........  PL 106-113 Title I....       838
        Appropriations, 2001...........  PL 106-429 Title I....       741
      Tied-aid credits
        Appropriations, 2000...........  PL 106-113 Title I....       838
        Appropriations, 2001...........  PL 106-429 Title I....       741
    Exports
      (see also Trade)
      Clean coal technology
        U.S. policy on.................  PL 106-429 Sec 537(b).       780
      Federal Coal Export Commission...  PL 99-83 Sec 1304.....       631
      Multilateral development banks
        Additional procurement officers  PL 102-549 Sec 501....       564
      United States Commercial Centers.  PL 102-549 Sec 401....       561
    Expropriation
      Defined..........................  PL 87-195 Sec 238(b)..       121
                                        F

    Family planning
      (see Population planning)
    FAO
      Food reserves....................  PL 93-189 Sec 39......       717
    Federal Coal Export Commission.....  PL 99-83 Sec 1304.....       631
      Report to Congress...............  PL 99-83 Sec 1304(f)..       632
    Federal Reports Elimination and
     Sunset Act of 1995
      Foreign aid
        Reports to Congress............  PL 87-195 Note........        30
    Female genital mutilation
      International Financial
       Institutions
        U.S. opposition to.............  PL 104-208 Sec 579....       870
    Fisheries
      Seizure of U.S. vessels
        Foreign aid cut-off............  PL 87-195 Sec 620(o)..       286
    Food
      (see also Agricultural commodity
       sales)
      (see also Agriculture)
      (see also FAO)
      (see also Food aid program)
      World hunger
        Congressional finding on.......  PL 97-113 Sec 712.....       642
      World security reserves..........  PL 97-113 Sec 711.....       641
    Food aid
      Agricultural research............  PL 87-195 Sec 103A....        33
                                         PL 87-195 Sec 296.....       131
        Definition of terms............  PL 87-195 Sec 296(d)-        135
                                          (h).
        International cooperation......  PL 87-195 Sec 297.....       136
      Board for International Food and   PL 87-195 Sec 298.....       138
       Agricultural Development.
      Harvest losses...................  PL 96-533 Sec 317.....       658
      International Fertilizer
       Development Center
        U.S. participation.............  PL 87-195 Sec 301(f)..       144
      International Food Policy
       Research Institute
        U.S. participation in..........  PL 87-195 Sec 301(h)..       144
      Long-term agricultural commodity
       agreements
        Report to Congress.............  PL 99-83 Sec 1008.....       627
      Portugal.........................  PL 94-329 Sec 409.....       699
      Private voluntary organizations..  PL 96-533 Sec 316.....       658
      Report to Congress...............  PL 87-195 Sec 300.....       141
    Food and agricultural development
      International
        Board for......................  PL 87-195 Sec 298.....       138
    Food production
      Foreign aid......................  PL 93-559 Sec 55......       711
    Food sales
      (see Agricultural commodity
       sales)
    Food supplies
      Domestic production levels.......  PL 93-189 Sec 39......       717
      U.N. conference on...............  PL 93-189 Sec 39......       717
    Food-for-Peace Program
      Sense of Congress................  PL 92-226 Sec 2.......       719
    Foreign aid
      (see also Agency for
       International Development)
      (see also Food aid)
      (see also Humanitarian
       assistance)
      (see also Overseas Private
       Investment Corporation)
      Administration of................  PL 87-195 Sec 621-640C       303
        Personnel......................  PL 87-195 Sec 624-631.       305
      African Development Foundation...  PL 96-533 Sec 502.....       659
    Foreign aid--Continued
      Agreements or grants
        Restrictions on................  PL 87-195 Sec 611.....       271
      Agricultural commodities
       (foreign)
        Assistance restrictions........  PL 106-429 Sec 513(b).       768
      Agriculture program..............  PL 87-195 Sec 103.....        30
      Alien employees
        Participation in programs......  PL 87-195 Sec 635(f)..       319
      Allocation changes...............  PL 87-195 Sec 653.....       334
      American resources, products, and
       services
        Use of.........................  PL 106-429 Sec 545....       786
      Anti-terrorism assistance program  PL 87-195 Sec 571-574.       254
      Anti-terrorism program
        Appropriations, 2001...........  PL 106-429 Title II...       756
      Appropriated funds
        Special authorities............  PL 106-429 Sec 538....       781
      Appropriations
        Ceilings and earmarks..........  PL 106-429 Sec 543....       785
        Obligation restrictions........  PL 106-429 Sec 501....       740
      Appropriations, 1991
        Reprogramming of funds.........  PL 106-429 Sec 542....       784
      Appropriations, 2001.............  PL 106-429 Title I....       817
        Program, project, and activity   PL 106-429 Sec 521....       772
         defined.
      Arms Export Control Act..........  PL 87-195 Sec 636(g)..       325
      Audits...........................  PL 87-195 Sec                319
                                          635(g)(5).
      Authority to authorize...........  PL 87-195 Sec                276
                                          614(a)(4).
        Presidential waivers...........  PL 87-195 Sec 614(b)..       276
      Authorization of appropriations,   PL 98-151 Sec                633
       1984.                              101(b)(2).
      Authorization reduction
        Fiscal Year 1979...............  PL 95-424 Sec 601.....       685
      Availability of funds............  PL 106-429 Sec 511....       766
      Bilateral assistance to terrorist
       countries
        Prohibition on.................  PL 106-429 Sec 527....       775
      Cash transfers
        Separate accounts..............  PL 106-429 Sec 532(b).       778
      Children
        Asia...........................  PL 87-195 Sec 241.....       129
      Chile
        Restrictions on................  PL 94-161 Sec 320.....       705
      Commodities (foreign)
        Assistance restrictions........  PL 106-429 Sec 513....       767
      Communist countries
        Countries specified............  PL 87-195 Sec 620(f)..       283
      Consolidation of accounts........  PL 87-195 Sec 610.....       270
      Continuing Appropriations, Fiscal  PL 106-275............       819
       Year 2001.
      Cost-sharing with foreign          PL 87-195 Sec 110.....        47
       countries.
      Countries in default
        Assistance limitations.........  PL 106-429 Sec 512....       767
      Cyprus
        Humanitarian assistance........  PL 87-195 Sec 495.....       182
      Debt burdens
        Selected countries.............  PL 97-113 Sec 723.....       647
      Democratic institutions..........  PL 87-195 Sec 281.....       130
      Deobligation/reobligation          PL 106-429 Sec 510....       766
       authority.
      Developing countries
        Microfinance programs..........  PL 106-309 Sec 103....       488
        Technology development.........  PL 87-195 Sec 107.....        44
      Development and use of
       cooperatives
        Report to Congress.............  PL 106-309 Sec 401(d).       495
      Development assistance
        Loan guarantees................  PL 106-429 Title II...       748
      Development Coordination           PL 87-195 Sec 640B....       327
       Committee.
      Development Credit Program         PL 106-429 Title II...       747
       Account.
    Foreign aid--Continued
      Disaster assistance..............  PL 87-195 Sec 491.....       180
        Africa.........................  PL 87-195 Sec 495K....       188
        Authorization of appropriations  PL 87-195 Sec 492(a)..       181
        Borrowing authority............  PL 87-195 Sec 492(b)..       182
        Coordination for...............  PL 87-195 Sec 493.....       182
      Discrimination against U.S.        PL 87-195 Sec 666.....       344
       personnel.
      Drug control
        Illicit narcotics production...  PL 87-195 Sec 126.....        67
      Earmarked funds
        Reprogramming..................  PL 106-429 Sec 542....       784
      Economic Support Fund
        Authorization of appropriations  PL 87-195 Sec 532.....       243
        Supplemental appropriations....  PL 106-113 Title VI...       845
      Education
        Authorization of appropriations  PL 87-195 Sec 105.....        40
      Elimination of trafficking
        Assistance for.................  PL 87-195 Sec 134.....        81
      Endangered species...............  PL 87-195 Sec 119.....        59
      Energy programs..................  PL 87-195 Sec 106(a)..        41
      Environmental activities.........  PL 106-309 Sec 401(c).       494
      Evaluation of programs and         PL 87-195 Sec 125.....        67
       projects.
      Excess defense articles
        Defined........................  PL 87-195 Sec 644(g)..       331
      Excess property
        Required use of................  PL 87-195 Sec 608.....       269
        Transfer to voluntary agencies.  PL 87-195 Sec 607.....       268
      Fiscal year appropriations.......  PL 87-195 Note........        23
      Fiscal year availability of funds  PL 87-195 Note........        26
      Foreign Assistance Act of 1961...  PL 87-195.............        15
        Definition of terms............  PL 87-195 Sec 644.....       330
      Foreign Assistance Act of 1962...  PL 87-565.............       739
      Foreign Assistance Act of 1963...  PL 88-205.............       738
      Foreign Assistance Act of 1964...  PL 88-633.............       737
      Foreign Assistance Act of 1965...  PL 89-171.............       736
      Foreign Assistance Act of 1966...  PL 89-583.............       735
      Foreign Assistance Act of 1967...  PL 90-137.............       734
      Foreign Assistance Act of 1968...  PL 90-554.............       732
      Foreign Assistance Act of 1969...  PL 91-175.............       726
      Foreign Assistance Act of 1971...  PL 92-226.............       719
      Foreign Assistance Act of 1973...  PL 93-189.............       713
      Foreign Assistance Act of 1974...  PL 93-559.............       707
      Foreign currencies...............  PL 87-195 Sec 636.....       321
        U.S. security..................  PL 87-195 Sec                275
                                          614(a)(2).
      Foreign Military Financing
       Program
        Emergency supplemental           PL 106-31 Chapter 4...       854
         appropriations, 1999.
        Funds use restrictions.........  PL 106-429 Sec 555....       789
      Funds
        Limit on obligations...........  PL 87-195 Note........        25
        Transfer between programs......  PL 87-195 Sec 109.....        46
                                         PL 87-195 Sec 610.....       270
                                         PL 87-195 Sec 632.....       312
      GUUAM countries and Armenia
        Border security authorizations,  PL 106-280 Sec 516....       507
         2001-2002.
      Health services..................  PL 87-195 Sec                 34
                                          104(b)(2).
        Authorization of appropriations  PL 87-195 Sec 104(g)..        39
      Human rights.....................  PL 87-195 Sec 116.....        49
                                         PL 96-533 Sec 710.....       664
        Inter-American Commission......  PL 87-195 Sec                145
                                          302(a)(2).
      Human rights repression
        Aid prohibition................  PL 102-391 Sec 511....       882
      Humanitarian assistance
        Transporting abroad............  PL 106-309 Sec 403....       496
      Impact on jobs in United States..  PL 106-429 Sec 536....       780
      Incidental expenses..............  PL 87-195 Sec 636.....       321
    Foreign aid--Continued
      Independent states of the Former   PL 87-195 Chapter 11..        15
       Soviet Union.
      Infant feeding practices.........  PL 97-113 Sec 301(b)..       638
      International disaster assistance
        Emergency supplemental           PL 106-31 Chapter 4...       854
         appropriations, 1999.
                                         PL 106-31 Chapter 4...       854
      International financial
       institutions
        Bilateral funding prohibition..  PL 106-429 Sec 502....       740
        Opposing loans to certain        PL 104-208 Sec 579....       870
         countries.
      International military education
       and training
        Funds use restrictions.........  PL 106-429 Sec 555....       789
      International organizations
        Authorization of appropriations  PL 87-195 Sec 302.....       144
        Integration of women...........  PL 87-195 Sec 305.....       148
        Report to Congress.............  PL 87-195 Sec 306.....       148
        Withholding of funds...........  PL 87-195 Sec 307.....       149
      International organizations and    PL 87-195 Sec 301.....       142
       programs.
        Audit of.......................  PL 87-195 Sec 301(d)..       142
      International Private Investment   PL 87-195 Sec 601(c)..       261
       Advisory Council on Foreign Aid.
      Italy
        Disaster assistance............  PL 87-195 Sec 495B....       183
      Land mine removal
        AID grants.....................  PL 106-429 Sec 553....       789
      Latin America and the Caribbean
        Reports to Congress............  PL 99-83 Sec 709......       602
      Latin America and the Caribbean
       region
        Allocation of funds............  PL 87-195 Note........        29
      Least developed countries
        Emphasis on....................  PL 87-195 Sec 124.....        65
      Lebanon
        Disaster assistance............  PL 87-195 Sec 495C....       184
      Less developed countries
        Development and use of           PL 106-309 Sec 401(d).       495
         cooperatives.
      Less-developed countries
        Agricultural programs..........  PL 87-195 Sec 222A....        87
      Loans
        Accelerated repayments.........  PL 87-195 Sec 127.....        67
        Defaults on....................  PL 93-559 Sec 56......       712
        General authorities............  PL 87-195 Sec 122.....        62
        Reducing bilateral.............  PL 87-195 Sec 209.....        82
      Local currencies
        Separate accounts..............  PL 106-429 Sec 532....       777
      Management innovations
        Systems analysis...............  PL 87-195 Sec 621A....       304
      Micro and small enterprise
       development credits
        Findings of Congress...........  PL 87-195 Sec 108.....        45
      Microenterprise development
        Loan guarantees................  PL 106-429 Title II...       747
      Middle East
        International contributions....  PL 94-161 Sec 322.....       706
      Minority business participation..  PL 95-88 Sec 133......       691
      Minority Resource Center.........  PL 98-151 Sec                634
                                          101(b)(2).
      Minority set-aside...............  PL 99-83 Sec 315......       586
                                         PL 98-151 Sec                634
                                          101(b)(2).
      Natural resources
        Tropical forests...............  PL 87-195 Sec 118.....        56
      Nonproliferation an export         PL 87-195 Sec 581.....       258
       control.
      Nutrition........................  PL 87-195 Sec 103.....        30
      Olympic games boycott............  PL 96-533 Sec 718.....       667
      Personnel (see also Peace Corps)
        Assignments....................  PL 87-195 Sec 627-630.       309
    Foreign aid--Continued
      Personnel--Continued
        Consultants....................  PL 87-195 Sec 626.....       308
        Officers.......................  PL 87-195 Sec 624.....       305
        Official expenses..............  PL 87-195 Sec 636.....       321
      Police training prohibited.......  PL 87-195 Sec 660.....       338
      Policy
        Findings and sense of Congress.  PL 87-195 Sec 101-102.        18
      Political repression abroad......  PL 93-189 Sec 32......       714
      Poor
        Determining target populations.  PL 87-195 Sec 128.....        68
      Population Development Assistance
        Appropriations.................  PL 87-195 Note........        24
      Population planning..............  PL 87-195 Sec 104.....        33
        Authorization of appropriations  PL 87-195 Sec 104(g)..        39
      President
        Discretionary assistance         PL 87-195 Sec 106(d)..        43
         activities.
      Private and voluntary
       organizations
        Assisting in development.......  PL 87-195 Sec 123.....        63
        Auditing requirements..........  PL 106-429 Sec 548....       787
      Private and voluntary
       organizations involvement
        Encouraging....................  PL 87-195 Sec 601.....       260
      Procurement abroad...............  PL 87-195 Sec 604.....       263
      Procurement from small businesses  PL 94-329 Sec 602.....       703
      Program changes
        Congressional notification.....  PL 87-195 Sec 634A....       317
      Programs
        Notification requirements......  PL 106-429 Sec 515....       768
      Prohibited circumstances
        Presidential certification.....  PL 90-629 Sec 101(b)..       472
      Prohibitions against.............  PL 87-195 Sec 620.....       279
      Promoting good governance........  PL 106-309 Sec 202....       203
      Provided through private and       PL 99-83 Sec 710......       603
       voluntary organizations.
      Reappraisal of...................  PL 90-554 Part V......       732
      Refugees
        Africa.........................  PL 87-195 Sec 495F....       185
      Reports to Congress..............  PL 87-195 Note........        26
                                         PL 87-195 Sec 634.....       314
                                         PL 97-113 Sec 722.....       646
        Human rights violations in       PL 87-195 Sec 502B(b).       214
         assistance recipient countries.
        Sunset Act.....................  PL 87-195 Note........        30
      Reprogramming of funds...........  PL 87-195 Sec 634A....       317
      Restrictions
        Other eligibilities............  PL 106-429 Sec 541....       784
      Romania
        Disaster assistance............  PL 87-195 Sec 495D....       184
      Rural development................  PL 87-195 Sec 103.....        30
      Sahel Development Program........  PL 87-195 Sec 120.....        61
      Sanctuary to war criminals
        Restrictions on assistance to    PL 106-429 Sec 564....       794
         countries providing.
      Secretary of State
        Responsibilities...............  PL 87-195 Sec 622.....       304
      Self-help development aid........  PL 95-88 Sec 131......       691
      Services and commodities.........  PL 87-195 Sec 607.....       267
      South Caucasus and Central Asia
        Administrative authorities.....  PL 87-195 Sec 499E....       210
        Authorization for assistance...  PL 87-195 Sec 499A(b).       208
                                         PL 87-195 Sec 499(b)..       208
                                         PL 87-195 Sec 499C(b).       209
                                         PL 87-195 Sec 499D(b).       210
        Authorization for programs.....  PL 87-195 Sec 499B(b).       209
        Border control assistance......  PL 87-195 Sec 499C....       209
        Development of infrastructure..  PL 87-195 Sec 499B....       209
        Promoting democracy and          PL 87-195 Sec 499D....       210
         tolerance.
    Foreign aid--Continued
      South Caucasus and Central Asia--
       Continued
        Promoting economic growth and    PL 87-195 Sec 499A....       208
         development.
        Promoting reconciliation and     PL 87-195 Sec 499.....       208
         recovery.
      Soviet Union (former),             PL 87-195 Sec 498.....       195
       independent states of.
        Authorities for assistance.....  PL 87-195 Sec 498B....       201
        Authorization of appropriations  PL 87-195 Sec 498C....       205
        Criteria for assistance........  PL 87-195 Sec 498A....       197
        Cuban intelligence facilities..  PL 87-195 Sec 498A(d).       200
        Report to Congress.............  PL 87-195 Sec 498A(c).       200
      Special Authorities..............  PL 87-195 Note........        28
      Special Foreign Assistance Act of  PL 91-652.............       721
       1971.
      Special Foreign Assistance Act of  PL 99-529.............       569
       1986.
      Special missions abroad..........  PL 87-195 Sec 631.....       311
      Sub-Saharan Africa
        Report to Congress.............  PL 101-513 Sec 562(c).       892
      Supplemental appropriations
        Report to Congress.............  PL 106-429 Sec 528....       775
      Targeting for poor...............  PL 87-195 Sec 128.....        68
      Termination of
        Countries involved in nuclear    PL 90-629 Sec 102(b)..       475
         transfers.
      Termination of assistance........  PL 87-195 Sec 617.....       277
      Terrorism Prohibited to countries  PL 87-195 Sec 620A....       290
       supporting.
      Trade and Development Agency
        Authorization of appropriations  PL 87-195 Sec 661(f)..       342
        Development programs...........  PL 87-195 Sec 661.....       340
      Transfer of funds
        Restrictions on................  PL 106-429 Sec 509....       766
      Transportation expenses..........  PL 87-195 Sec 636.....       321
      Turkey
        Disaster assistance............  PL 87-195 Sec 495E....       185
      U.S. small business participation  PL 87-195 Sec 602.....       263
      Unexpended balances
        Disposition of.................  PL 87-195 Sec 645.....       333
      United States Microfinance Loan
       Facility
        Report to Congress.............  PL 106-309 Sec 107....       489
      Utilizing nongovernmental
       organizations
        Study by Agency for              PL 99-83 Sec 311......       585
         International Development.
      Victims of torture...............  PL 87-195 Sec 130.....        73
      Volunteer organizations
        Approved by Agency for           PL 87-195 Sec 635(c)..       318
         International Development.
      Women in development process.....  PL 87-195 Sec 113.....        48
    Foreign aid, Fiscal Year 1991
      General provisions...............  PL 101-513 Title V....       886
    Foreign aid, Fiscal Year 1993
      General provisions...............  PL 102-391 Title V....       882
    Foreign aid, Fiscal Year 1994
      Supplemental appropriations......  PL 103-306 Title VI...       880
    Foreign aid, Fiscal Year 1996
      General provisions...............  PL 104-208 Title V....       872
    Foreign aid, Fiscal Year 1999
      General provisions...............  PL 105-277 Title V....       859
    Foreign aid, Fiscal Year 2000
      General provisions...............  PL 106-113 Title V....       839
    Foreign aid, Fiscal Year 2001
      General provisions...............  PL 106-429 Title V....       764
    Foreign assistance
      (see Foreign aid)
    Foreign Claims Settlement
     Commission
      Foreign aid cut-off..............  PL 87-195 Sec                281
                                          620(e)(1).
    Foreign currencies
      (see Currencies, foreign)
    Foreign gifts and decorations
      (see Gifts, foreign)
    Foreign governments
      (see Governments (foreign)
    Foreign Military Financing Program
      Czech Republic
        Authorization of                 PL 106-280 Sec 511....       503
         appropriations, 2001-2002.
      Egypt
        Authorization of                 PL 106-280 Sec 514....       505
         appropriations, 2001-2002.
        Supplemental appropriations....  PL 106-113 Title VI...       845
      Foreign aid funds restrictions...  PL 106-429 Sec 555....       789
      Hungary
        Authorization of                 PL 106-280 Sec 511....       503
         appropriations, 2001-2002.
      Israel
        Supplemental appropriations....  PL 106-113 Title VI...       845
      Jordan
        Supplemental appropriations....  PL 106-113 Title VI...       845
      NATO members
        Authorization of                 PL 106-280 Sec 511....       503
         appropriations, 2001-2002.
      Poland
        Authorization of                 PL 106-280 Sec 511....       503
         appropriations, 2001-2002.
      Turkey
        Authorization of                 PL 106-280 Sec 512....       503
         appropriations, 2001-2002.
    Foreign military sales
      Refinancing program..............  PL 100-202 Title III..       911
    Foreign Military Sales Act
      (see Arms Export Control Act)
    Foreign Military Sales Act           PL 91-672.............       723
     Amendments of 1971.
    Foreign Military Sales Financing
     Program
      Procurement of defense articles    PL 106-429 Title III..       760
       and services.
    Foreign Operations, Export           PL 100-202 Sec 101(e).       911
     Financing, and Related Programs
     Appropriations Act, 1988.
    Foreign Operations, Export           PL 101-167............       897
     Financing, and Related Programs
     Appropriations Act, 1990.
    Foreign Operations, Export           PL 101-513............       886
     Financing, and Related Programs
     Appropriations Act, 1991.
    Foreign Operations, Export           PL 102-391............       882
     Financing, and Related Programs
     Appropriations Act, 1993.
    Foreign Operations, Export           PL 104-107............       874
     Financing, and Related Programs
     Appropriations Act, 1996.
    Foreign Operations, Export           PL 104-208............       867
     Financing, and Related Programs
     Appropriations Act, 1997.
    Foreign Operations, Export           PL 105-277............       859
     Financing, and Related Programs
     Appropriations Act, 1999.

    Foreign Operations, Export
     Financing, and Related Programs
     Appropriations Act, 2000.
      Report on........................  PL 106-429 Sec 528....       775
    Foreign Operations, Export           PL 106-429............       740
     Financing, and Related Programs
     Appropriations Act, 2001.
    Foreign Operations, Export           PL 103-306 Title VI...       880
     Financing, and Related Programs
     Supplemental Appropriations Act,
     1994.
    Foreign Service Reserve Officers
      Assignments
        Foreign aid program............  PL 87-195 Sec 625.....       306
        Language and experience related  PL 87-195 Sec 625(i)..       308
    Foreign Service Retirement and
     Disability Fund
      Appropriations, 2001.............  PL 106-429 Title II...       749
    Foreign trade
      (see Trade)
    France-U.S. relations
      Arms control
        Limiting conventional arms       PL 99-83 Sec 129......       577
         transfers.
    Fuel supplies
      Use in foreign aid program.......  PL 87-195 Sec 647.....       333
    Fugitives
      (see Refugees)

                                        G

    Gabon-U.S. relations
      Albert Schweitzer Hospital
        Foreign aid....................  PL 93-189 Sec 33......       714
    General Accounting Office
      Foreign aid
        Account auditing...............  PL 87-195 Sec                319
                                          635(g)(5).
    General Framework Agreement for
     Peace in Bosnia and Herzegovina
      Foreign aid certification, 2001..  PL 106-429 Title II...       752
    Georgia-U.S. relations
      Arms sales
        Foreign aid, 2001..............  PL 106-429 Title III..       760
      Foreign aid, 2001................  PL 106-429 Title II...       753
      Foreign Military Financing
       Program grants
        Authorization of                 PL 106-280 Sec 515(a).       506
         appropriations, 2001-2002.
      International military education
       and training
        Authorization of                 PL 106-280 Sec 515(b).       506
         appropriations, 2001-2002.
    Germany-U.S. relations
      Air defense agreements...........  PL 99-83 Sec 132......       580
      West Berlin
        Foreign aid....................  PL 87-195 Sec 614(b)..       276
    Gifts (U.S.)
      Foreign aid appropriations
        Prohibition....................  PL 87-195 Sec 451(c)..       152
    Global AIDS and Tuberculosis Relief  PL 106-264............       513
     Act of 2000.
      Definitions......................  PL 106-264 Sec 102....       514
      Findings of Congress.............  PL 106-264 Sec 103....       514
    Global Alliance for Vaccines and     PL 106-264 Sec 112....       517
     Immunizations and International
     Aids Vaccine.
    Global Environment Facility (GEF)
      Appropriations, 2001.............  PL 106-429 Title IV...       762
    Global Environmental Center
      Activities.......................  PL 106-309 Sec 402....       495
    Global security....................  PL 97-113 Sec 710.....       641
    Gorgas Memorial Institute
      Authorization of appropriations..  PL 93-559 Sec 47......       708
    Governments (foreign)
      Airport security.................  PL 99-83 Sec 551......       589
      Central banks
        U.S. technical assistance        PL 87-195 Sec 129.....        68
         program.
      Corruption
        Promoting good governance......  PL 87-195 Sec 133.....        78
      Debt relief arrangements
        Report to Congress.............  PL 102-391 Sec 548....       884
      Developing countries
        U.S. technical assistance        PL 87-195 Sec 129.....        68
         program.
      Foreign aid
        Promoting good governance......  PL 87-195 Sec 133.....        78
      Foreign aid personnel assigned to  PL 87-195 Sec 627.....       309
      Lethal weapons exports
        Foreign aid funds prohibition..  PL 106-429 Sec 549....       787
      Military aid (U.S.)
        Defense articles...............  PL 90-629 Sec 21(l)...       388
        Defense articles returned......  PL 90-629 Sec 21(m)...       388
      Military coups
        Foreign aid prohibition........  PL 106-429 Sec 508....       766
      U.S. Debt relief
        Authority to reduce............  PL 106-429 Sec 556....       790
        Buybacks or sales..............  PL 106-429 Sec 557....       791
    Governments (foreign)-U.S.
     relations
      Chemical or biological weapons
       exports
        Economic sanctions.............  PL 90-629 Sec 81......       466
    Greece-U.S. relations
      Arms sales.......................  PL 99-83 Sec 101(e)...       576
      Arms sales credits
        Repayment......................  PL 96-92 Sec 17(b)....       668
      International military education
       and training
        Authorization of                 PL 106-280 Sec 512....       503
         appropriations, 2001-2002.
      Resolution in Cyprus.............  PL 87-195 Sec 620C....       292
    Guatemala
      AmeriCares
        Healthcare facilities..........  PL 106-429 Title II...       745
    Guatemala-U.S. relations
      Belize independence
        Recognition of.................  PL 99-83 Sec 703(g)...       599
      Foreign aid
        Conditions for.................  PL 99-83 Sec 703......       598
        Suspension of..................  PL 99-83 Sec 703(d)...       599
      International military education
       and training
        Restriction on.................  PL 106-429 Title III..       759
    GUUAM countries and Armenia
      (see also Georgia, Ukraine,
       Uzbekistan, Azerbaijan, and
       Moldova)
      Border security
        Authorization of                 PL 106-280 Sec 516....       507
         appropriations, 2001-2002.

                                        H

    Haiti-U.S. relations
      Arms sales
        Eligibility for................  PL 106-429 Sec 561....       793
      Assistance in recovering stolen    PL 99-529 Sec 204.....       573
       assets.
      Defense articles purchase
        Notification requirements......  PL 106-429 Sec 560....       793
    Haiti-U.S. relations--Continued
      Democracy in
        Findings of Congress...........  PL 99-529 Sec 201.....       570
      Foreign aid
        Conditions for.................  PL 99-83 Sec 705......       600
        Limitations on.................  PL 106-429 Sec 558....       792
        Notification requirements......  PL 106-429 Sec 520....       772
        Prohibitions on................  S 2757 Sec 111........       567
        Provide through private and      PL 99-83 Sec 705......       600
         voluntary organizations.
      Foreign aid, 1984
        Conditions for.................  PL 98-151 Sec                635
                                          101(b)(2).
      Foreign aid, 1987................  PL 99-529 Sec 202.....       571
      Immigration (illegal) to United
       States
        Halting........................  PL 99-83 Sec 705(d)...       601
      Military aid, 1987
        Authorization..................  PL 99-529 Sec 203.....       572
        Conditions on..................  PL 99-529 Sec 203.....       572
      Refugees.........................  PL 98-151 Sec                635
                                          101(b)(2).
                                         PL 97-113 Sec 721.....       646
    Health care
      Promoting immunization and oral    PL 99-529 Sec 101.....       569
       rehydration.
    Heavily Indebted Poor Countries
     (HIPC) Trust Fund
      African Development Bank.........  PL 106-429 Title II...       758
      African Development Fund.........  PL 106-429 Title II...       758
                                         PL 106-429 Title II...       758
      Central American Bank for          PL 106-429 Title II...       758
       Economic Integration.
      Inter-American Development Bank..  PL 106-429 Title II...       758
      Secretary of the Treasury
        Appropriations, 2001...........  PL 106-429 Title II...       758
      U.S. Contributions to
        Authorization of appropriations  PL 106-429 Sec 801(b).       814
    Heavily Indebted Poor Countries      PL 106-113 Sec 502....       530
     Initiative.
    Herbicides
      Drug control uses................  PL 87-195 Sec 481(d)..       162
    Hickenlooper Amendment.............  PL 87-195 Sec                281
                                          620(e)(1).
    Hijackings
      TWA Flight 847
        Sense of Congress..............  PL 99-83 Sec 558......       590
    HIV/AIDS
      Drugs and medical technologies
        Access to......................  EO 13155..............       525
    Honduras-U.S. relations
      AmeriCares
        Healthcare facilities..........  PL 106-429 Title II...       745
      Police training
        Foreign aid for................  PL 87-195 Sec 660(d)..       340
      Refugees.........................  PL 99-83 Sec 704......       600
    Hospitals (abroad)
      Sponsored by United States
        Foreign aid....................  PL 87-195 Sec 214.....        83
    Hostages (U.S.)
      Iraq and Kuwait
        Benefits to....................  PL 101-513 Sec 599C...       894
      Lebanon
        Benefits to....................  PL 101-513 Sec 599C...       894
    Housing
      Less-developed countries.........  PL 87-195 Sec 221-223.        85
    Housing guaranties
      Less-developed countries
        Authorization of appropriations  PL 87-195 Sec 222.....        86
    Human rights
      Chile
        Inter-American Commission on...  PL 93-189 Sec 35......       715
    Human rights--Continued
      Countries violating
        HIPC Trust Fund ineligibility..  PL 106-429 Title II...       758
      Cuba
        Sense of Congress..............  PL 99-83 Sec 718......       606
      Female genital mutilation
        U.S. opposition to.............  PL 104-208 Sec 579....       870
      Foreign aid......................  PL 87-195 Sec 502B....       213
      Foreign aid conditioned on.......  PL 87-195 Sec 116.....        49
      Guatemala
        Findings of Congress...........  PL 99-83 Sec 703(h)...       599
      Indonesia
        Foreign aid....................  PL 106-429 Sec 579....       803
      Inter-American Commission on.....  PL 87-195 Sec                145
                                          302(a)(2).
      Korea
        Erosion of.....................  PL 94-329 Sec 412.....       700
      Mexico
        Prisoners (U.S.)...............  PL 94-329 Sec 408.....       699
      Overseas Private Investment        PL 87-195 Sec 239(i)..       125
       Corporation.
      Reaffirmation of congressional     PL 97-113 Sec 713.....       642
       support.
      Reports to Congress..............  PL 87-195 Sec 502B(b).       214
        Severe forms of trafficking....  PL 87-195 Sec 502B(h).       218
      Respect for
        Arms sales conditions..........  PL 106-113 Sec               544
                                          1262(b)(2).
      Security assistance conditioned    PL 87-195 Sec 502B(b).       214
       on.
      Status of
        Report to Congress.............  PL 87-195 Sec 116(d)..        50
      Study of abuses
        Appropriations, 2001...........  PL 106-554 Sec 601....       825
    Human Rights and Foreign Assistance
      Interagency Group on.............  PL 96-533 Sec 710.....       664
    Humanitarian aid
      Countries restricting
        Aid prohibition................  PL 87-195 Sec 620I....       302
    Hungary-U.S. relations
      Military aid (U.S.)
        Authorization of                 PL 106-280 Sec 511....       503
         appropriations, 2001-2002.
      Overseas Private Investment
       Corporation
        Presidential determination.....  PL 87-195 Sec 239(f)..       124
    Hunger
      Congressional finding on.........  PL 97-113 Sec 712.....       642
    Hunger prevention
      (see Food aid)

                                        I

    IBRD
      (see World Bank)
    Immigration (U.S.)
      Alien employees of U.S.            PL 87-195 Sec 635(f)..       319
       Government.
      Amerasians
        Admission to United States.....  PL 100-202 Sec 584....       914
    Imports
      Educational and cultural
       materials (see Educational and
       cultural exchange)
    India-Pakistan Relief Act of 1998..  PL 105-277 Sec 901....       551
    Indian Ocean
      Military forces deployed.........  PL 94-329 Sec 407.....       699
    Indochina War
      International Commission of        PL 93-559 Sec 48......       708
       Control and Supervision.
      Limitation on funds for..........  PL 93-189 Sec 31......       713
      Termination of...................  PL 93-189 Sec 30......       713
    Indochina War--Continued
      Tonkin Gulf Resolution
        Repealed.......................  PL 91-672 Sec 12......       725
      Vietnam Agreement (1973).........  PL 93-189 Sec 34......       714
    Indonesia-U.S. relations
      Economic Support Fund
        Foreign aid, 2001..............  PL 106-429 Title II...       750
      Foreign aid
        Presidential determination.....  PL 106-429 Sec 579....       803
      International military education
       and training
        Aid restrictions...............  PL 104-164 Sec 111....       554
        Restrictions on................  PL 106-429 Title III..       759
    Indus Basin Development
      Grants
        Authorization of appropriations  PL 87-195 Sec                146
                                          302(b)(2).
      Loans
        Authorization of appropriations  PL 87-195 Sec                146
                                          302(b)(1).
      U.S. contributions...............  PL 87-195 Sec 303.....       147
    Infant feeding practices
      Developing countries
        Report to Congress.............  PL 97-113 Sec 301(b)..       638
    Institute for Scientific and         PL 96-53 Sec 401-414..       672
     Technological Cooperation.
    Intellectual property
      Protection of....................  PL 103-392 Sec 501....       556
    Intelligence (foreign)
      Cuba-Russia relations............  PL 87-195 Sec 498A(d).       200
    Inter-American Commission on Human
     Rights
      Chile............................  PL 93-189 Sec 35......       715
      Support of.......................  PL 87-195 Sec                145
                                          302(a)(2).
    Inter-American Development Bank
      HIPC Trust Fund..................  PL 106-429 Title II...       758
      Social Progress Trust Fund         PL 93-189 Sec 36......       717
       Agreement (1961).
    Inter-American Foundation
      Abolition of.....................  PL 106-429 Sec 591....       808
                                         PL 106-113 Sec 586....       842
      Activities
        Authorities for................  PL 106-429 Sec 535....       779
      Appropriations, 2001.............  PL 106-429 Title II...       744
      Social Progress Trust Fund.......  PL 93-189 Sec 36......       715
    Inter-American Foundation Act......  PL 91-175 Part IV.....       727
    Inter-American Investment
     Corporation
      Capital stock increase
        Appropriations, 2001...........  PL 106-429 Title IV...       762
    Inter-American Social Development
     Institute
      (see Inter-American Foundation)
    Interagency Group on Human Rights    PL 96-533 Sec 710.....       664
     and Foreign Assistance.
    International Advisory Commission    PL 99-83 Sec 714......       604
     for the Caribbean Region.
    International Affairs Supplemental   PL 106-113 Title VI...       845
     Appropriations.
    International agreements
      (see Executive-legislative
       relations)
    International Anti-Corruption and    PL 106-309 Sec 201....       492
     Good Governance Act of 2000.
      Findings of Congress.............  PL 106-309 Sec 202....       492
    International Anti-Terrorism
     Committee
      Establishment of.................  PL 99-83 Sec 506......       588
    International Arms Sales Code of     PL 106-113 Subtitle F.       543
     Conduct Act of 1999.
                                         PL 106-113 Sec 1261...       543
    International Atomic Energy Agency
      Appropriations, 2001
        Restrictions on................  PL 106-429 Title II...       756
    International Atomic Energy Agency--
     Continued
      Foreign aid funds prohibitions...  PL 106-429 Title IV...       764
    International Bank for
     Reconstruction and Development
      (see World Bank)
    International Civil Aviation
     Organization
      Enforcement of standards.........  PL 99-83 Sec 554......       589
    International Committee of the Red
     Cross
      Appropriations, 2001.............  PL 106-429 Title II...       755
    International Development and Food   PL 94-161.............       705
     Assistance Act of 1975.
    International Development and Food   PL 95-88 Sec 1........       690
     Assistance Act of 1977.
    International Development and Food   PL 95-424.............       682
     Assistance Act of 1978.
    International Development
     Association
      Appropriations, 2001.............  PL 106-429 Title IV...       762
    International Development            PL 96-53 Sec 1........       671
     Cooperation Act of 1979.
    International disaster assistance
      Appropriations, 2001.............  PL 106-429 Title II...       747
    International Fertilizer             PL 106-429 Title II...       745
     Development Center.
    International Financial Institution
     Advisory Commission
      Establishment of.................  PL 105-277 Sec 603....       863
      Report to Congress...............  PL 105-277 Sec 603(i).       864
    International Financial
     Institutions
      Countries, foreign
        Auditing funds and receipts....  PL 104-208 Sec 576....       870
      Female genital mutilation
        U.S. opposition to.............  PL 104-208 Sec 579....       870
      Financial management reform......  PL 106-429 Sec 588....       807
    International Financial Programs     PL 105-277 Title VI...       862
     and Reform.
    International Food and Agricultural
     Development
      Board for........................  PL 87-195 Sec 298.....       138
    International Food Policy Research
     Institute
      U.S. participation in............  PL 87-195 Sec 301(h)..       144
    International Fund for Agricultural
     Development
      Authorization of appropriations..  PL 87-195 Sec                 33
                                          103(g)(2).
      Resources increase
        Appropriations, 2001...........  PL 106-429 Title IV...       763
    International law
      (see Arbitration)
      (see Organization of American
       States)
      (see U.N.)
    International Military Education
     and Training
      Authorization of appropriations,   PL 106-280 Sec 201....       500
       Fiscal Year 2001.
      Greece
        Authorization of                 PL 106-280 Sec 512....       503
         appropriations, 2001-2002.
    International Monetary Fund
      Policies implementation
        Certification by Secretary of    PL 106-429 Sec               815
         the Treasury.                    801(c)(1)(B).
      Practices consistent with U.S.
       policies
        Report to Congress.............  PL 106-113 Sec 503(e).       530
      Principles for lending
        U.S. goals.....................  PL 106-429 Sec 805....       817
      Structural reform efforts
        Report to Congress.............  PL 105-277 Sec 606....       865
    International Narcotics Control      PL 87-195 Sec 489(a)..       172
     Strategy Report.
    International Organization for
     Migration
      Appropriations, 2001.............  PL 106-429 Title II...       755
    International organizations
      (see also respective
       institutions)
      Foreign aid personnel assigned to  PL 87-195 Sec 628.....       309
      International Atomic Energy
       Agency
        Foreign aid funds prohibition..  PL 106-429 Title IV...       764
      U.S. voluntary contributions.....  PL 99-83 Sec 402......       586
        Report to Congress.............  PL 87-195 Sec 306.....       148
      World Food Program
        Appropriations, 2001...........  PL 106-429 Title IV...       764
    International organizations and
     programs
      Appropriations, 2001.............  PL 106-429 Title IV...       763
      Continuing appropriations, 2001..  PL 106-275 Sec 113....       822
      Limitation of funds appropriated.  PL 106-429 Sec 516....       769
    International Private Investment     PL 87-195 Sec 601(c)..       261
     Advisory Council on Foreign Aid.
    International Scientific and         PL 96-53 Sec 407......       676
     Technological Cooperation, Council
     on.
    International Security and           PL 98-151 Sec                633
     Development Assistance               101(b)(2).
     Authorizations Act of 1983.
    International Security and           PL 96-533.............       655
     Development Cooperation Act of
     1980.
    International Security and           PL 97-113.............       637
     Development Cooperation Act of
     1981.
    International Security and           PL 99-83..............       575
     Development Cooperation Act of
     1985.
    International Security Assistance    PL 95-92..............       694
     Act of 1977.
    International Security Assistance    PL 95-384.............       686
     Act of 1978.
    International Security Assistance    PL 96-92..............       668
     Act of 1979.
    International Security Assistance    PL 94-329.............       697
     and Arms Export Control Act of
     1976.
    International Tuberculosis Control   PL 106-264 Sec 201....       522
     Act of 2000.
      Findings of Congress.............  PL 106-264 Sec 202....       522
    International University for the     PL 102-549 Sec 604....       564
     Americas.
    Investment
      Defined..........................  PL 87-195 Sec 238(a)..       121
      Foreign resistance to
        Foreign aid cut-off............  PL 87-195 Sec 620(l)..       285
      Guaranties
        Disputes.......................  PL 87-195 Sec 635(i)..       320
    Investment abroad (private)
      Advisory council on..............  PL 87-195 Sec 601(c)..       261
    Iran-Russia relations
      Foreign aid, 2001
        Technical assistance             PL 106-429 Title II...       754
         prohibitions.
    Iran-U.S. relations
      Foreign aid
        Direct funding prohibition.....  PL 106-429 Sec 507....       765
        Indirect funding prohibition...  PL 106-429 Sec 523....       773
    Iraq Sanctions Act of 1990.........  PL 101-513 Sec 586....       893
    Iraq-U.S. relations
      ESF
        Supporting Iraqi opposition      PL 106-429 Sec 575....       802
         groups.
        Supporting political transition  PL 106-429 Sec 575....       802
      Foreign aid
        Direct funding prohibition.....  PL 106-429 Sec 507....       765
        Indirect funding prohibition...  PL 106-429 Sec 523....       773
      U.N. sanctions against
        Countries not in compliance....  PL 106-429 Sec 534....       779
    Ireland, International Fund for
      Economic Support Fund
        Foreign aid, 2001..............  PL 106-429 Title II...       751
    Israel-Egypt relations
      Peace process....................  PL 99-83 Sec 1206.....       628
    Israel-U.S. relations
      Air base construction............  PL 87-195 Sec 561.....       253
      Arab League boycott
        Sense of Congress..............  PL 106-429 Sec 539....       782
      Arms sales.......................  PL 99-83 Sec 101(c)...       575
                                         PL 91-672 Sec 5.......       725
        Advanced weapons systems.......  PL 106-429 Title III..       760
        Grants.........................  PL 106-429 Title III..       760
      Defense articles
        Transfers......................  PL 106-280 Sec 112....       499
      Desalting plant..................  PL 87-195 Sec 219.....        84
      Economic conditions
        Impact on foreign debt.........  PL 99-83 Sec 1205.....       627
      Economic Support Fund............  PL 99-83 Sec 202......       582
        Appropriations, 2001...........  PL 106-429 Title II...       750
        Authorization of                 PL 106-280 Sec 513(b).       504
         appropriations, 2001-2002.
      Foreign Military Financing
       Program
        Authorization of appropriations  PL 106-280 Sec 513(c).       504
        Supplemental appropriations....  PL 106-113 Title VI...       845
      International Atomic Energy
       Agency
        Participation in...............  PL 106-429 Title II...       756
      Loan guarantees..................  PL 87-195 Sec 226.....        95
        Fiscal year allocations........  PL 87-195 Sec 226(b)..        95
        Limitations on amount..........  PL 87-195 Sec 226(d)..        96
        Report to Congress.............  PL 87-195 Sec 226(k)..        98
      Military aid
        Authorization of                 PL 106-280 Sec 513....       504
         appropriations, 2001-2002.
        Supplemental Appropriations....  PL 106-113 Title VI...       846
      Peace negotiations...............  PL 95-384 Sec 28......       689
    Italy-U.S. relations
      Disaster assistance
        Authorization of appropriations  PL 87-195 Sec 495B....       183

                                        J

    Jamaica-U.S. relations
      Economic Support Fund
        Aid contingent on drug control.  PL 99-83 Sec 610......       591
    Japan-U.S. relations
      Standardization agreements.......  PL 90-629 Sec 21(g)...       385
    Javits reports
      Arms sales
        Annual estimate and              PL 90-629 Sec 25......       397
         justification.
    Jobs Through Exports Act of 1992...  PL 102-549............       558
    Jobs Through Trade Expansion Act of  PL 103-392............       556
     1994.
    Joint Declaration on
     Denuclearization of the Korean
     Peninsula
      Progress on implementing.........  PL 106-429 Sec 572(b).       800
    Jordan-U.S. relations
      Arms sales.......................  PL 99-83 Sec 130......       578
        Grants.........................  PL 106-429 Title III..       760
      Debt relief
        Appropriations, 1994...........  PL 103-306 Title VI...       880
      ESF
        Supplemental appropriations....  PL 106-113 Title VI...       845
      Foreign aid......................  PL 96-533 Sec 712.....       665
      Foreign Military Financing
       Program
        Supplemental appropriations....  PL 106-113 Title VI...       845
      Foreign Military Financing
       Program grants
        Authorization of                 PL 106-280 Sec 515(a).       506
         appropriations, 2001-2002.
      Middle East peace................  PL 99-83 Sec 130......       578
                                        K

    Korea (Republic of)-U.S. relations
      Armed forces modernization.......  PL 95-384 Sec 23......       687
      Cooperation in U.S.                PL 95-92 Sec 28.......       696
       investigations.
      Defense articles transferred.....  PL 91-652 Sec 3-4.....       721
      Democratization..................  PL 99-83 Sec 908......       626
      Human rights.....................  PL 94-329 Sec 412.....       700
      Troop withdrawal.................  PL 95-384 Sec 23......       687
    Korean Peninsula Energy Development
     Organization (KEDO)
      Foreign aid funds prohibition....  PL 106-429 Title IV...       764
      Foreign aid, 2001................  PL 106-429 Title II...       756
                                         PL 106-429 Sec 572....       800
      Presidential certification.......  PL 106-429 Sec 572(b).       800
      Presidential waiver..............  PL 106-429 Sec 572(c).       801
    Kosovo-U.S. relations
      Economic Support Fund
        Foreign aid, 2001..............  PL 106-429 Title II...       751
      Foreign aid
        Supplemental appropriations,     PL 106-246 Sec 501....       827
         2000.
    Kyoto Protocol
      Implementation of
        Funding prohibited.............  PL 106-429 Sec 577....       803

                                        L

    Land mines
      Demining and clearance of
        Appropriations, 2001...........  PL 106-429 Title II...       757
      Demining and removal
        AID grants.....................  PL 106-429 Sec 553....       789
    Language requirements
      Foreign aid personnel............  PL 87-195 Sec 625(i)..       308
    Laos
      Agreement and Protocol on (1973).  PL 93-189 Sec 34......       714
    Laos-U.S. relations
      Aliens in the United States
        Status of......................  PL 106-429 Sec 586....       806
    Latin America
      (see also Alliance for Progress)
      Administration of justice
        Assistance in support of.......  PL 106-429 Sec 540....       783
      Development (see Alliance for
       Progress)
      Drug control
        Transfer of funds appropriated.  PL 101-167 Sec 569(d).       902
      Education (see Education)
      Foreign debt
        Report to Congress.............  PL 99-83 Sec 719......       606
      OAS (see Organization of American
       States)
    Latin America-U.S. relations
      Administration of justice
        Economic Support Fund            PL 87-195 Sec 534.....       246
         assistance.
      Trade
        United States Commercial         PL 102-549 Sec 401....       561
         Centers.
    Latvia-U.S. relations
      Foreign Military Financing
       Program grants
        Authorization of                 PL 106-280 Sec 515(a).       506
         appropriations, 2001-2002.
      International military education
       and training
        Authorization of                 PL 106-280 Sec 515(b).       506
         appropriations, 2001-2002.
    Lavi aircraft
      FMS loans for....................  PL 99-83 Sec 101(c)...       575
    Leasing
      Defense equipment
        Excess defense articles........  PL 90-629 Sec 61......       454
        Presidential authority.........  PL 90-629 Sec 61......       453
        Report to Congress.............  PL 90-629 Sec 61......       454
                                         PL 90-629 Sec 62......       454
        Waiver of costs................  PL 90-629 Sec 61......       454
      Strategic and critical materials
        Restrictions on................  PL 90-629 Sec 65(c)...       457
    Lebanon-U.S. relations
      Civil strife
        Sense of Congress..............  PL 94-329 Sec 410.....       700
      Development assistance
        Appropriations, 2001...........  PL 106-429 Title II...       746
      Foreign aid......................  PL 87-195 Sec 495C....       184
                                         PL 87-195 Sec 495J....       188
      Resolution of crisis.............  PL 97-113 Sec 715.....       642
    Legislative Reorganization Acts
     (1946 and 1970)
      Foreign affairs oversight........  PL 92-226 Sec 407.....       720
    Lending institutions
      (see Multilateral development
       banks)
    Less-developed countries
      (see also Africa)
      (see also Latin America)
      Agricultural commodity imports
       (see Agricultural commodity
       sales)
      Arms control
        Limiting conventional weapons..  PL 99-83 Sec 129......       577
      Arms sales to (U.S.).............  PL 90-629 Sec 1.......       368
                                         PL 90-629 Sec 35......       410
        Sophisticated weapons..........  PL 90-629 Sec 4.......       378
      Foreign aid
        Agricultural programs..........  PL 87-195 Sec 222A....        87
      Malaria
        Findings of Congress...........  PL 106-570 Sec 102....       480
    Liberia-U.S. relations
      Foreign aid
        Conditions for.................  PL 99-83 Sec 807......       621
        Notification requirements......  PL 106-429 Sec 520....       772
    Library of Congress
      Russian Leadership Program
        Establishment of...............  PL 106-31 Title III...       855
    Libya-U.S. relations
      Foreign aid
        Direct funding prohibition.....  PL 106-429 Sec 507....       765
        Indirect funding prohibition...  PL 106-429 Sec 523....       773
      Imports and exports
        Prohibition on.................  PL 99-83 Sec 504......       587
      Terrorism........................  PL 97-113 Sec 718.....       644
    Lithuania-U.S. relations
      Foreign Military Financing
       Program grants
        Authorization of                 PL 106-280 Sec 515(a).       506
         appropriations, 2001-2002.
      International military education
       and training
        Authorization of                 PL 106-280 Sec 515(b).       506
         appropriations, 2001-2002.
    Loan guarantees
      Developing countries
        Appropriations, 2001...........  PL 106-429 Title II...       747
    Locust plagues
      Africa
        Foreign aid....................  PL 95-424 Sec 120.....       683
    Lodge Commission
      Negotiations to implement........  PL 92-226 Sec 410.....       720
                                        M

    Madagascar-U.S. relations
      International Disaster Assistance
        Supplemental appropriations....  PL 106-429 Title VI...       811
      Rehabilitation and reconstruction
        Supplemental appropriations....  PL 106-429 Title VI...       811
        Supplemental appropriations,     PL 106-246 Sec 501....       827
         2000.
    Malaria
      Eradication assistance
        Authorization of appropriations  PL 106-570 Sec 103....       481
      Foreign countries
        Eradication assistance.........  PL 106-570 Sec 103....       481
        Findings of Congress...........  PL 106-570 Sec 102....       480
      United States
        Findings of Congress...........  PL 106-570 Sec 102....       481
    Malta-U.S. relations
      Arms sales
        Foreign aid, 2001..............  PL 106-429 Title III..       760
      Foreign Military Financing
       Program grants
        Authorization of                 PL 106-280 Sec 515(a).       506
         appropriations, 2001-2002.
      International military education
       and training
        Authorization of                 PL 106-280 Sec 515(b).       506
         appropriations, 2001-2002.
      Static cargo x-ray facility......  PL 106-280 Sec 304....       501
    Mediation
      (see also Arbitration)
    Mediterranean (Eastern)-U.S.
     relations
      Military balance maintenance.....  PL 101-167 Sec 573(e).       904
    Merchant marine (U.S.)
      Defense articles shipped by......  PL 87-195 Sec 603.....       263
      Differential in rates
        Foreign aid....................  PL 87-195 Sec 640C....       329
      Fresh fruit shipped by...........  PL 87-195 Sec 603.....       263
    Mexican Debt Disclosure Act of 1995  PL 104-6 Title IV.....       876
    Mexico-U.S. relations
      Economic policies
        Findings of Congress...........  PL 104-6 Sec 401......       876
        Report to Congress.............  PL 104-6 Sec 403-404..       876
      Facilitating international trade.  PL 99-83 Sec 717......       605
      Loans, credits, guarantees, and
       currency swaps
        Presidential certification.....  PL 104-6 Sec 406......       878
      Microenterprise assistance
        Findings and sense of Congress.  PL 106-309 Sec 110....       491
      Prisoners in Mexico..............  PL 94-329 Sec 408.....       699
    Microenteprise for self-reliance     PL 106-309 Sec 1......       485
     and International Anti-Corruption
     Act of 2000.
      Findings of Congres..............  PL 106-309 Sec 102....       485
    Microenterprise assistance
      Mexico
        Findings and sense of Congress.  PL 106-309 Sec 110....       491
    Microenterprise development
      Definitions......................  PL 87-195 Sec 131(e)..        76
      Grant assistance
        Findings of Congress...........  PL 87-195 Sec 131.....        74
    Microenterprise institutions
      Access to by poor people overseas
        Report to Congress.............  PL 106-309 Sec 108....       489
      Supporting and strengthening
        AID leadership.................  PL 106-309 Sec 109....       490
      U.S. foreign policy objectives...  PL 106-309 Sec 103....       488
    Microfinance
      United States loan facility
        Establishment of...............  PL 87-195 Sec 132.....        77
    Middle East
      (see also Israel-U.S. relations)
      Aid to Egypt and Israel
        International efforts..........  PL 94-161 Sec 322.....       706
      Foreign Aid
        Appropriations, 2001...........  PL 106-429 Sec 568....       799
      Peace efforts....................  PL 96-533 Sec 711.....       665
        Findings of Congress...........  PL 95-384 Sec 28......       689
      Science and technology
       cooperative
        Sense of Congress..............  PL 99-83 Sec 202......       582
      U.S. relations with
        Arms shipments to..............  PL 91-672 Sec 5.......       725
    Military (foreign)
      Civic action.....................  PL 87-195 Sec 502.....       212
      Military training provided by
       United States
        Report to Congress.............  PL 87-195 Sec 656.....       337
                                         PL 106-429 Sec 571....       800
    Military (U.S.)
      (see also Mutual defense)
      Black Hawk helicopters downing
        Survivor benefits..............  PL 106-113 Sec 601....       852
      Stationed abroad
        Hostilities against............  PL 90-629 Sec 21(c)(2)       382
    Military aid (U.S.)
      (see also Arms sales)
      (see also Economic Support Fund)
      (see also Foreign Military
       Financing Program)
      (see also Mutual defense)
      Administrative costs
        Appropriations, 2001...........  PL 106-429 Title III..       761
      Allocation changes...............  PL 87-195 Sec 653.....       334
      Appropriations, 2001.............  PL 106-429 Title III..       759
      Arms control
        Considerations in providing      PL 87-195 Sec 511.....       230
         assistance.
      Consolidation of accounts........  PL 87-195 Sec 610.....       270
      Counterpart funds................  PL 93-189 Sec 40......       717
      Defense articles
        Authorization of appropriations  PL 87-195 Sec 504.....       221
        Credit sales...................  PL 106-280 Sec 101....       498
        Loans of.......................  PL 87-195 Sec 503-504.       219
        Procurement....................  PL 87-195 Sec 605.....       265
        Repair of......................  PL 90-629 Sec 21(l)...       388
        Return of......................  PL 90-629 Sec 21(m)...       388
      Defense Department expenses
        Funding limitation.............  PL 106-429 Title III..       761
      Determination on.................  PL 87-195 Sec 505(c)..       222
      Discrimination in providing        PL 87-195 Sec 505(g)..       224
       assistance.
      Eastern Mediterranean............  PL 87-195 Sec 620C....       292
      Education and training...........  PL 87-195 Sec 541-543.       248
                                         PL 94-329 Sec 106.....       697
        Appropriations, 2001...........  PL 106-429 Title III..       759
        Authorization of appropriations  PL 87-195 Sec 542.....       249
        Maritime skills................  PL 87-195 Sec 545.....       250
      Education and training programs
        Exchange students..............  PL 87-195 Sec 544.....       250
      El Salvador......................  PL 101-513 Sec 531....       886
      Eligibility
        Conditions of..................  PL 87-195 Sec 505.....       221
      Emergency authority..............  PL 87-195 Sec 506.....       226
      Estonia
        Excess defense articles........  PL 106-113 Sec 1212...       533
      Excess defense articles
        Authority limitations..........  PL 87-195 Sec 516(b)..       235
        Limitations on.................  PL 87-195 Sec 516(b)..       235
        Notification to Congress.......  PL 87-195 Sec 516(f)..       237
    Military aid (U.S.)--Continued
      Exchanged for strategic raw        PL 87-195 Sec 663.....       344
       materials.
      Foreign Military Financing
       Program
        Appropriations, 2001...........  PL 106-429 Title III..       760
        Israel.........................  PL 106-429 Title III..       760
      Foreign military sales
        Refinancing....................  PL 100-202 Title III..       911
      Georgia
        Excess defense articles........  PL 106-113 Sec 1212...       533
      Grant assistance
        Prohibition on.................  PL 87-195 Sec 546.....       250
      Hostile countries
        Mutual defense against.........  PL 87-195 Sec 501.....       211
      Hungary
        Excess defense articles........  PL 106-113 Sec 1212...       533
      International military education
       and training
        Appropriations, 2001...........  PL 106-429 Title III..       759
      Israel
        Authorization of                 PL 106-280 Sec 513....       504
         appropriations, 2001-2002.
      Kazakhstan
        Excess defense articles........  PL 106-113 Sec 1212...       533
      Kyrgyzstan
        Excess defense articles........  PL 106-113 Sec 1212...       533
      Latvia
        Excess defense articles........  PL 106-113 Sec 1212...       533
      Liberia
        Prohibitions against...........  PL 106-429 Title III..       761
      Lithuania
        Excess defense articles........  PL 106-113 Sec 1212...       533
      Military assistance advisory
       groups
        Restrictions...................  PL 87-195 Sec 515.....       233
      Military personnel assigned
       abroad
        Restrictions...................  PL 87-195 Sec 515.....       233
      Moldova
        Excess defense articles........  PL 106-113 Sec 1212...       533
      Naval vessels
        Transfer of....................  PL 106-280 Sec 601....       507
                                         PL 106-113 Sec 1271...       535
      North Atlantic Treaty
       Organization
        Excess defense articles........  PL 87-195 Sec 516.....       235
        Standardization agreements.....  PL 90-629 Sec 21(g)...       385
      Philippines
        Sense of Congress..............  PL 106-280 Sec 708....       512
      Poland
        Excess defense articles........  PL 106-113 Sec 1212...       533
      Policy...........................  PL 87-195 Sec 501.....       211
      Procurement of defense articles
       and services
        Financing of...................  PL 106-429 Title III..       760
      Republic of Korea
        Stockpile transfer.............  PL 106-113 Sec 1212(a)       534
      Secretary of Defense.............  PL 87-195 Sec 623.....       305
      Security Assistance Act of 1999..  PL 106-113 Title XII..       533
      Security Assistance Act of 2000..  PL 106-280............       497
      Security assistance surveys......  PL 90-629 Sec 26......       400
      Slovakia
        Excess defense articles........  PL 106-113 Sec 1212...       533
      Stock-piling for foreign
       countries
        Authority to transfer..........  PL 87-195 Sec 514.....       230
      Sudan
        Prohibitions against...........  PL 106-429 Title III..       761
      Termination of
        Presidential action............  PL 87-195 Sec 505(c)..       222
        Presidential determination.....  PL 87-195 Sec 505(b)..       222
      Thailand
        Stockpile transfer.............  PL 106-113 Sec 1232(b)       534
    Military aid (U.S.)--Continued
      Turkey...........................  PL 99-83 Sec 101(f)...       577
      Ukraine
        Excess defense articles........  PL 106-113 Sec 1212...       533
      Uzbekistan
        Excess defense articles........  PL 106-113 Sec 1212...       533
    Military bases abroad
      (see Military (U.S.), stationed
       abroad)
    Military equipment (U.S.)
      Land mines
        Removal of.....................  PL 106-429 Sec 553....       789
      Missiles and missile technology
        Export controls................  PL 90-629 Sec 71......       457
        Transfer of....................  PL 90-629 Sec 71......       457
        United States Munitions List...  PL 90-629 Sec 71......       457
      Transfer to drug producing         PL 101-167 Sec 573....       902
       countries.
      Transfer to NATO members.........  PL 90-629 Sec 91......       469
        Definitions....................  PL 90-629 Sec 95......       471
      Transfer to NATO southern flank    PL 101-167 Sec 573....       902
       countries.
      United States Munitions List
        Export controls................  PL 90-629 Sec 71......       457
    Military equipment
      Terrorist countries receiving
        Prohibitions...................  PL 87-195 Sec 620H....       301
      Uranium ammunition
        Restrictions on................  PL 87-195 Sec 620G....       300
    Military sales
      (see Arms sales)
    Minorities
      Economic Support Fund
        Minority set aside.............  PL 99-83 Sec 315......       586
    Minority Resource Center...........  PL 98-151 Sec                635
                                          101(b)(2).
                                         PL 95-88 Sec 133(c)...       692
    Miscellaneous Appropriations Act,    PL 106-554............       825
     2001.
    Missile Technology Control Regime
      Export controls
        Presidential waiver............  PL 90-629 Sec 73(e)...       460
      Foreign country adherents
        Report to Congress.............  PL 90-629 Sec 73A.....       464
      Foreign persons
        Export controls................  PL 90-629 Sec 73......       460
    Missile Technology Control Regime
     Annex
      Export controls
        Presidential sanctions.........  PL 90-629 Sec 72-73...       458
      U.S. persons
        Export controls................  PL 90-629 Sec 72......       458
    Missiles
      (see also Military equipment
       (U.S.)
    Missiles and missile technology
      Definitions......................  PL 90-629 Sec 74......       464
    Missing-in-action
      (see also Indochina War)
      Laotian Agreement and Protocol...  PL 93-189 Sec 34......       714
      Vietnam
        Accounting of..................  PL 95-88 Sec 132(b)...       691
    Mongolia-U.S. relations
      Economic Support Fund
        Foreign aid, 2001..............  PL 106-429 Title II...       750
      Excess defense articles
        Military aid...................  PL 106-280 Sec 707....       510
    Montenegro-U.S. relations
      Foreign aid
        Supplemental appropriations....  PL 106-429 Title VI...       812
        Supplemental appropriations,     PL 106-246 Sec 501....       827
         2000.
    Mozambique-U.S. relations
      Foreign aid
        Conditions for.................  PL 99-83 Sec 813......       622
    Mozambique-U.S. relations--
     Continued
      International Disaster Assistance
        Supplemental appropriations....  PL 106-429 Title VI...       811
      Rehabilitation and reconstruction
        Supplemental appropriations....  PL 106-429 Title VI...       811
        Supplemental appropriations,     PL 106-246 Sec 501....       827
         2000.
    Multilateral development banks
      Development aid..................  PL 87-195 Sec 209.....        82
      Environment
      Environmental concerns
        Promoting U.S. policies........  PL 101-513 Sec 533....       890
      U.S. contributions to............  PL 106-429 Title IV...       762
    Multilateral Investment Guarantee
     Agency
      Capital stock increase
        Appropriations, 2001...........  PL 106-429 Title IV...       762
        U.S. subscription limitation...  PL 106-429 Title IV...       762
    Multilateral organizations
      (see International organizations)
    Mutual defense
      Arms sales.......................  PL 90-629 Sec 4.......       378
      Foreign aid effect on............  PL 87-195 Sec 650.....       334
    Mutual Educational and Cultural
     Exchange Act of 1961
      (see also Educational and
       cultural exchange)

                                        N

    Nagorno-Karabakh
      Confidence building measures
        Appropriations, 2001...........  PL 106-429 Title II...       753
    Narcotics
      (see Drug control)
    National Commission on the Use of    PL 106-113 Sec 1247...       539
     Offsets in Defense Trade.
      Report to Congress...............  PL 106-113 Sec 1247(d)       540
    National commitments
      Foreign aid......................  PL 87-195 Sec 650.....       334
    National security
      (see also National Security
       Council)
      Assistance strategy for the        PL 106-280 Sec 501....       502
       United States.
      Global problems affecting........  PL 97-113 Sec 710.....       641
    National Security Assistance
     Strategy
      Annual report to Congress........  PL 106-280 Sec 501....       502
    Nationalization of U.S. property
      Cuba
        Foreign aid prohibition........  PL 87-195 Sec 620(a)..       279
      Foreign aid cut-off..............  PL 87-195 Sec                281
                                          620(e)(1)(A).
      Hickenlooper Amendment...........  PL 87-195 Sec                281
                                          620(e)(1).
    Nationalizations
      (see also Foreign claims)
      Overseas Private Investment        PL 87-195 Sec                107
       Corporation insurance against.     234(a)(1)(B).
      U.S. policy......................  PL 87-195 Sec                261
                                          601(b)(6).
    NATO/CFE countries
      Arms sales (U.S.)................  PL 90-629 Sec 92......       469
    Natural resources
      Conservation of
        Foreign aid....................  PL 87-195 Sec 117.....        54
      Developing countries
        Foreign aid....................  PL 87-195 Sec 117.....        54
      Tropical forests
        Conservation of................  PL 87-195 Sec 802.....       353
        Foreign aid....................  PL 87-195 Sec 118.....        56
    Naval vessels (U.S.)
      Aggregate not to include value of  PL 106-280 Sec 602....       508
       excess defense articles.
      Defense Vessels Transfer Program   PL 106-280 Sec 605....       508
       Account.
      Transfer of
        Requirements for...............  PL 106-280 Sec 604....       508
        Sense of Congress..............  PL 106-280 Sec 607....       509
      Transfer to Brazil...............  PL 106-280 Sec 601(a).       507
      Transfer to Chile................  PL 106-280 Sec 601(b).       507
      Transfer to Greece...............  PL 106-280 Sec 601(c).       507
      Transfer to Turkey...............  PL 106-280 Sec 601(d).       507
    Naval vessels
      LST 325
        Authorization for towing         PL 106-570 Sec 502....       482
         assistance.
    New Zealand-U.S. relations
      Standardization agreements.......  PL 90-629 Sec 21(g)...       385
    Nicaragua-U.S. relations
      AmeriCares
        Healthcare facilities..........  PL 106-429 Title II...       745
      Conflict resolution..............  PL 99-83 Sec 722(c)...       609
      Contadora Agreement
        Aid in implementing............  PL 99-83 Sec 722(h)...       613
      Findings and policy of Congress..  PL 99-83 Sec 722......       608
      Foreign aid
        Disaster assistance............  PL 87-195 Sec 494.....       182
      Foreign aid used against
       government
        Limitations on.................  PL 99-83 Sec 722(e)...       613
      Military aid
        Prohibited.....................  PL 96-533 Sec 119.....       657
      Military or paramilitary
       activities assistance
        Prohibiting....................  PL 99-83 Sec 722(d)...       612
      Nicaraguan foreign and domestic    PL 99-83 Sec 722(b)...       608
       policies.
      Reports to Congress..............  PL 99-83 Sec 722(j)...       614
      U.S. aid.........................  PL 97-113 Sec 724.....       647
      U.S. policies toward.............  PL 99-83 Sec 722(i)...       614
    Nicaraguan Democratic Resistance
      Humanitarian assistance..........  PL 99-83 Sec 722(g)...       613
    Nongovernmental organizations
      Channeling foreign aid through...  PL 99-83 Sec 311......       585
      Foreign aid in support of........  PL 106-429 Sec 541....       784
    Nonproliferation and Disarmament
     Fund
      Appropriations, 2001.............  PL 106-429 Title II...       756
                                         PL 106-429 Title II...       756
    Nonproliferation and export control
     training in the United States
      Authorization of appropriations..  PL 106-280 Sec 302....       501
    Nonproliferation of nuclear weapons
      (see Nuclear weapons,
       nonproliferation)
    North Atlantic Treaty Organization
      Cooperative research and
       development programs
        Lending materials, supplies,     PL 90-629 Sec 65......       456
         and equipment.
      Member countries
        Military aid...................  PL 106-280 Sec 511....       503
      Southern flank
        Military aid (U.S.)............  PL 87-195 Sec 516.....       235
      U.S. military aid
        Excess defense articles........  PL 87-195 Sec 516.....       235
        Standardization agreements.....  PL 90-629 Sec 21(g)...       385
    North Korea-U.S. relations
      Foreign aid
        Direct funding prohibition.....  PL 106-429 Sec 507....       765
        Indirect funding prohibition...  PL 106-429 Sec 523....       773
    North Korea-U.S. relations--
     Continued
      Military forces
        Report to Congress.............  PL 104-208 Sec 585....       872
    Nuclear detonation
      U.S. foreign policy..............  PL 97-113 Sec 737.....       654
    Nuclear exports
      Foreign aid funds prohibition....  PL 106-429 Sec 506....       740
    Nuclear facilities
      Economic Support Fund
        Restrictions on................  PL 99-83 Sec 207......       585
      Report to Congress...............  PL 97-113 Sec 735.....       653
    Nuclear proliferation
      Controls
        Foreign aid....................  PL 87-195 Sec 581.....       258
    Nuclear transfers
      U.S. foreign policy..............  PL 97-113 Sec 737.....       654
    Nuclear weapons, non-proliferation
      Controls
        Foreign aid....................  PL 90-629 Sec 101.....       472
      Enrichment transfers
        Foreign aid prohibition........  PL 90-629 Sec 101.....       472
      Reprocessing transfers
        Foreign aid prohibition........  PL 90-629 Sec 102.....       473
      South Asia
        Findings of Congress...........  PL 87-195 Sec 620F....       298
        Report to Congress.............  PL 87-195 Sec 620F(c).       300
        Sense of Congress..............  PL 87-195 Sec 620F....       298
      Uranium
        Export of......................  PL 96-533 Sec 110.....       656

                                        O

    Oaths of allegiance
      (see Loyalty)
    Obligations (U.S.)
      Definitions and applications.....  31 USC 1551...........       920
      Documentary evidence requirements  31 USC 1501...........       919
    Offset agreements
      Arms sales
        Incentive payments prohibition.  PL 90-629 Sec 39A.....       435
      Incentive payments
        Prohibition on.................  PL 90-629 Sec 39A.....       435
    Okinawa
      Chemical weapons
        Transfer to United States......  PL 91-672 Sec 13......       725
    Olympic games
      Boycott of.......................  PL 96-533 Sec 718.....       667
    Operation Desert Storm
      (see also Persian Gulf conflict)
      (see also Persian Gulf War)
    Organization for Economic
     Cooperation and Development
      Development Assistance Committee.  PL 87-195 Sec 631(c)..       311
    Organization of American States
      Inter-American Convention Against  PL 106-309 Sec 202....       492
       Corruption.
      Military forces
        Establishment of...............  PL 87-195 Sec 501.....       211
    Overseas Private Investment
     Corporation
      Agricultural credit and            PL 87-195 Sec 222A(f).        88
       assistance programs.
      Applicability of U.S. Code.......  PL 87-195 Sec 239(c)..       122
      Board of directors...............  PL 87-195 Sec 233(b)..       104
      Capital stock....................  PL 87-195 Sec 232.....       104
      Creation, purpose and policy.....  PL 87-195 Sec 231.....        99
      Developing countries
        U.S. small business              S 2757 Sec 109........       567
         participation.
    Overseas Private Investment
     Corporation--Continued
      Direct investment................  PL 87-195 Sec 234(c)..       108
      Equity financing program.........  PL 87-195 Sec 234(g)..       111
        Annual congressional             PL 87-195 Sec                112
         consultation.                    234(g)(6).
        Limitations on.................  PL 87-195 Sec                111
                                          234(g)(2).
      Exports
        Insurance guaranty program.....  PL 87-195 Sec 240B....       128
      Functions........................  PL 87-195 Sec 234.....       106
      Fund for acquisition equity......
        Creation of....................  PL 87-195 Sec 234(c)..       108
      General provisions and powers....  PL 87-195 Sec 239.....       122
      Guaranties of loans..............  PL 87-195 Sec 234(b)..       108
                                         PL 87-195 Sec 237.....       117
      Human rights.....................  PL 87-195 Sec 239(i)..       125
      Impact of guarantees on            PL 87-195 Sec 231.....        99
       employment.
      Income and revenues..............  PL 87-195 Sec 236.....       117
      Insurance........................  PL 87-195 Sec 234(a)..       106
        Other functions................  PL 87-195 Sec 234(f)..       110
      Insurance guaranty program.......  PL 87-195 Sec 237.....       117
        Awarding contracts.............  PL 87-195 Sec 240B....       128
      Insurance Reserve and the          PL 87-195 Sec 235(c)..       115
       Guaranty Reserve.
      Investment guarantees
        Liabilities....................  PL 87-195 Sec 235.....       114
      Investment insurance
        Liabilities....................  PL 87-195 Sec 235.....       114
      Investment insurance programs....  PL 87-195 Sec 234.....       106
      Legal capacity...................  PL 87-195 Sec 239(d)..       123
      Officers.........................  PL 87-195 Sec 233(d)..       105
      Organization.....................  PL 87-195 Sec 233.....       104
      Overseas Private Investment        S 2757................       567
       Corporation Amendments Act of
       1988.
      Predecessor authority transferred  PL 87-195 Sec 235.....       114
      President of.....................  PL 87-195 Sec 233(c)..       105
      Private insurance companies......  PL 87-195 Sec 234.....       106
      Private investment opportunities
        Surveys........................  PL 87-195 Sec 234(d)..       109
      Private political risk insurance
        Enhancement of.................  PL 87-195 Sec 234A....       112
      Programs in Haiti
        Prohibitions on................  S 2757 Sec 111........       567
      Reports to Congress..............  PL 87-195 Sec 240A....       126
      Staff............................  PL 87-195 Sec 233(d)..       105
      Tax exempt status................  PL 87-195 Sec 239(j)..       126
      Technical assistance.............  PL 87-195 Sec 234(e)..       109
      U.S. small business participation  PL 87-195 Sec 240.....       126
      U.S. Trade Representative
        Reports to Congress............  PL 87-195 Sec 240B(b).       128
      Workers rights...................  PL 87-195 Sec 231A....       102

                                        P

    Pakistan-U.S. relations
      Disaster assistance..............  PL 87-195 Sec 494.....       182
      Foreign aid......................  PL 87-195 Sec 620E....       295
        Basic education................  PL 106-429 Sec 597....       810
        Notification requirements......  PL 106-429 Sec 520....       772
    Palestine
      (see also PLO)
    Palestine Authority-U.S. relations
      Restrictions.....................  PL 106-429 Sec 554....       789
    Palestinian Authority-U.S.
     relations
      Foreign aid
        Limitations on.................  PL 106-429 Sec 562....       793
    Palestinian Broadcasting
     Corporation
      Foreign aid prohibition..........  PL 106-429 Sec 574....       802
    Panama-U.S. relations
      Arms sales
        Eligibility....................  PL 104-164 Sec 154....       555
    Paraguay-U.S. relations
      Military aid.....................  PL 99-83 Sec 706......       601
    Partnership for Peace
      Excess defense articles
        Transportation funds...........  PL 104-164 Sec 105....       553
    Patents
      Foreign aid
        Claims.........................  PL 87-195 Sec 606.....       266
    Peace Corps
      (see also Foreign Service)
      Activities
        Authorities for................  PL 106-429 Sec 535....       779
      Appropriations, 2001.............  PL 106-429 Title II...       755
      Authorization of appropriations,   PL 98-151 Sec                634
       1984.                              101(b)(2).
    Peacekeeping operations
      Appropriations, 2001.............  PL 106-429 Title III..       761
      Authorization of appropriations..  PL 87-195 Sec 552.....       251
      Costs to U.N. members
        Data on........................  PL 87-195 Sec 554.....       253
      Costs to United States
        Data on........................  PL 87-195 Sec 554.....       253
      General authority................  PL 87-195 Sec 551.....       251
    Persian Gulf
      Stinger missiles
        Prohibition on.................  PL 106-280 Sec 705....       510
        Restrictions on................  PL 101-167 Sec 581....       905
    Peru-U.S. relations
      Foreign aid
        Conditions for.................  PL 99-83 Sec 612......       592
      Human rights.....................  PL 99-83 Sec 707......       602
      Report to Congress...............  PL 106-429 Sec 530....       776
    Philippines-U.S. relations
      Foreign aid
        Tied to U.S. security interests  PL 99-83 Sec 901......       623
      Foreign Military Financing
       Program grants
        Authorization of                 PL 106-280 Sec 515(a).       506
         appropriations, 2001-2002.
      International military education
       and training
        Authorization of                 PL 106-280 Sec 515(b).       506
         appropriations, 2001-2002.
      Military aid
        Sense of Congress..............  PL 106-280 Sec 708....       512
    PL 480
      (see Agricultural Trade
       Development and Assistance Act
       of 1954)
    PLO
      Conditions for U.S. recognition..  PL 99-83 Sec 1302.....       628
      West Bank and Gaza assistance
        Foreign aid funds limitation...  PL 106-429 Sec 551....       788
    Poland-U.S. relations
      Foreign Military Financing
        Authorization of                 PL 106-280 Sec 511....       503
         appropriations, 2001-2002.
      Humanitarian assistance..........  PL 97-113 Sec 502.....       639
                                         PL 97-113 Sec 708.....       640
      Overseas Private Investment
       Corporation
        Presidential determination.....  PL 87-195 Sec 239(f)..       124
      Polish currency
        Use of.........................  PL 97-113 Sec 709.....       641
      Trade Credit Insurance Program...  PL 87-195 Sec 225.....        93
    Police training
      El Salvador
        Foreign aid for................  PL 87-195 Sec 660(d)..       340
      Foreign aid for..................  PL 87-195 Sec 660.....       338
      Honduras
        Foreign aid for................  PL 87-195 Sec 660(d)..       340
    Political prisoners
      U.S. aid cut-off.................  PL 93-189 Sec 32......       714
    Population planning
      Abortions
        Foreign aid funds prohibition..  PL 106-429 Title II...       744
      Authorization of appropriations,   PL 106-429 Sec 598....       810
       2001.
      Colombia
        Foreign aid limitation.........  PL 106-246 Sec 3206...       834
      Family programs
        Program violations.............  PL 106-429 Title II...       744
        Requirements for funding.......  PL 106-429 Title II...       744
      Foreign aid......................  PL 87-195 Sec 104.....        33
      Involuntary sterilization
        Foreign aid funds prohibition..  PL 87-195 Sec 104(f)..        38
                                         PL 106-429 Sec 518....       771
      Supplemental appropriations
        Limitation on funds............  PL 106-429 Title VI...       813
    Portugal-U.S. relations
      Economic conditions
        Impact on foreign debt.........  PL 99-83 Sec 1205.....       627
      Economic Support Fund............  PL 99-83 Sec 204......       584
      Food aid.........................  PL 94-329 Sec 409.....       699
      Portuguese African colonies......  PL 93-559 Sec 50......       709
    Poverty
      Developing countries
        Capital projects to eliminate..  PL 102-549 Sec 303....       560
    President
      (see also Reports to Congress)
      Arms sales (U.S.)
        Certification procedures.......  PL 90-629 Sec 36(b)...       414
      Arms sales to Jordan
        Certification..................  PL 99-83 Sec 130(c)...       579
      Certification
        Bosnia-Herzegovina peace.......  PL 106-429 Title II...       752
      Determining major drug transit     PL 87-195 Sec 490(h)..       180
       determination.
      Drug control
        Certification procedures.......  PL 87-195 Sec 490(b)..       177
      Foreign aid programs
        Suspension of..................  PL 87-195 Sec 620.....       279
      Loans, credits, and guarantees to
       Mexico
        Certification procedures.......  PL 104-6 Sec 406......       878
      Military aid
        Determination on...............  PL 87-195 Sec 505(b)..       222
      Notice to Congress
        Designation of non-NATO allies.  PL 87-195 Sec 517.....       239
        Transfer of excess defense       PL 87-195 Sec 516(f)..       237
         articles.
      Notification to Congress
        Transfer of defense articles to  PL 106-280 Sec 112(c).       500
         Israel.
      Sanctions
        Report to Congress.............  PL 90-629 Sec 102(b)..       475
        Waiver certification...........  PL 90-629 Sec 102(b)..       475
      Sanctions against Serbia or
       Montenegro
        Certification..................  PL 104-208 Sec 540....       867
      Serbia or Montenegro
        Waiver of sanctions............  PL 104-208 Sec 540(c).       868
      Soviet Union (former)
        Determination on aid             PL 87-195 Sec 498A(b).       199
         eligibility.
    Presidential Task Force on Project   PL 99-83 Sec 713......       603
     Economic Justice.
    Prisoners of war
      Indochina War
        Laotian Agreement and Protocol.  PL 93-189 Sec 34......       714
    Private and voluntary organizations
      Agricultural credit and            PL 87-195 Sec 222A....        87
       assistance programs.
      Assisting in development
        Foreign aid....................  PL 87-195 Sec 123.....        63
      Assisting in development and
       relief
        Foreign aid funds..............  PL 87-195 Sec 123(b)..        64
      Auditing documentation
        Foreign aid funds contingency..  PL 106-429 Sec 548....       787
      Foreign aid funds prohibited.....  PL 106-429 Title II...       746
      Less-developed countries
        Agricultural programs..........  PL 87-195 Sec 222A....        87
      Requirements for documentation     PL 106-429 Sec 548....       787
       and registration.
    Private enterprise
      (see also Nationalizations)
      (see also Overseas Private
       Investment Corporation)
      Arms sales guarantees............  PL 90-629 Sec 24......       395
      Foreign aid
        Loan guarantees................  PL 87-195 Sec 108.....        45
        Micro and small enterprise       PL 87-195 Sec 108.....        45
         development credits.
    Private Sector Revolving Fund......  PL 87-195 Sec 108.....        44
    Propaganda (U.S.)
      Prohibiting use of funds for.....  PL 106-429 Sec 544....       785
    Property abroad (U.S.)
      Destruction of
        Foreign aid cut-off............  PL 87-195 Sec 620(j)..       284
    Puerto Rico
      Caribbean Development Bank         PL 93-559 Sec 52......       710
       membership.

                                        R

    Refugee assistance
      Administrative expenses
        Appropriations, 2001...........  PL 106-429 Title II...       755
      Appropriations, 2001.............  PL 106-429 Title II...       755
      Honduras.........................  PL 99-83 Sec 704......       600
    Refugees
      Africa
        Humanitarian assistance........  PL 87-195 Sec 495F....       185
      Assistance to Palestinians
        Limitation on..................  PL 87-195 Sec 301(c)..       142
      Categories of aliens
        Establishment of...............  PL 101-167 Sec 599D...       906
      Chile
        Rights of......................  PL 93-189 Sec 35......       715
      Cuba.............................  PL 96-533 Sec 715.....       665
      El Salvador
        Humanitarian assistance........  PL 87-195 Sec 495I....       187
        Sense of Congress..............  PL 97-113 Sec 731.....       652
      Haiti............................  PL 97-113 Sec 721.....       646
      Haiti-U.S. relations
        Illegal immigration............  PL 99-83 Sec 705(d)...       601
      Resettling in Israel
        Appropriations, 2001...........  PL 106-429 Title II...       756
      Southeast Asia
        Sense of Congress..............  PL 96-53 Sec 509......       680
      U.S. Emergency Refugee and
       Migration Assistance Fund
        Appropriations, 2001...........  PL 106-429 Title II...       756
    Religious freedom
      Sense of Congress................  PL 88-633 Sec 501.....       737
    Reports to Congress
      Africa-U.S. relations
        Arms sales.....................  PL 90-629 Sec 33......       409
      African Development Foundation...  PL 95-424 Sec 122.....       683
      Agency for International
       Development
        Budget submission..............  PL 102-391 Sec 599E...       885
        Democracy transition             PL 106-429 Title II...       747
         initiatives program.
      Aid for Latin America and the      PL 99-83 Sec 709......       602
       Caribbean.
      Arms sales.......................  PL 90-629 Sec 4.......       378
                                         PL 90-629 Sec 36......       410
                                         PL 91-672 Sec 8(d)....       725
      Arms sales (commercial)
        Agent fees.....................  PL 90-629 Sec 39......       434
      Arms sales (U.S.)................  PL 90-629 Sec 36(b)...       414
        NATO/CFE countries.............  PL 90-629 Sec 94......       471
        Transfers......................  PL 90-629 Sec 3(d)(3).       376
      Arms sales
        Annual estimate................  PL 90-629 Sec 25......       397
        Combat readiness, impact on....  PL 90-629 Sec 21(i)...       386
        Illegal payments...............  PL 94-329 Sec 607.....       703
        Military dictators.............  PL 90-629 Sec 1.......       368
        Training and related support...  PL 90-629 Sec 30A(d)..       406
        Transfers......................  PL 90-629 Sec 3(d)....       374
        Waivers........................  PL 90-629 Sec 40(g)(2)       441
      Asia
        Amerasian children.............  PL 99-83 Sec 903(b)...       624
      Black Hawk helicopters downing
        Survivor benefits..............  PL 106-113 Sec 604....       852
      Burma
        Democratization................  PL 104-208 Sec 570(d).       869
      Classification of................  PL 87-195 Sec 634B....       318
      Coal
        Federal Coal Export Commission.  PL 99-83 Sec 1304(f)..       632
      Colombia
        Drug control strategy..........  PL 106-246 Sec 3202...       831
      Commercial Service Officers
        Increase in....................  PL 102-549 Sec 701....       565
      Comptroller General of the United
       States
        International financial          PL 106-429 Sec 803(a).       816
         institutions.
      Contingency fund
        Authorization of appropriations  PL 87-195 Sec                152
                                          451(a)(2).
      Cooperative projects
        Presidential certification.....  PL 90-629 Sec 27(f)...       402
      Cyprus
        Negotiations with Turkey.......  PL 87-195 Sec                289
                                          620(x)(2).
        Resolution of conflict.........  PL 87-195 Sec 620C(c).       294
      Debt relief programs.............  PL 106-429 Sec 803(d).       817
      Defense equipment
        Leasing of.....................  PL 90-629 Sec 62......       454
      Defense equipment leasing
        Waiver of costs................  PL 90-629 Sec 61......       454
      Defense offsets
        Multilateral treaty feasibility  PL 106-113 Sec 1248(b)       542
      Developing countries
        Capital projects...............  PL 102-549 Sec 302(c).       559
                                         PL 102-549 Sec 305....       560
        Technical assistance program...  PL 87-195 Sec 129(h)..        72
      Discrimination
        Aid suspension.................  PL 87-195 Sec 505(g)..       224
        Arms sales suspension..........  PL 90-629 Sec 5.......       379
      Drug control.....................  PL 87-195 Sec 481.....       159
        Foreign governments using U.S.   PL 87-195 Sec 484(c)..       169
         aircraft.
    Reports to Congress--Continued
      Drug control--Continued
        Supplemental appropriations,     PL 106-246 Title III..       829
         2000.
      Egypt
        Economic conditions............  PL 99-83 Sec 1205.....       627
      El Salvador......................  PL 97-113 Sec 729.....       652
      Endangered species...............  PL 87-195 Sec 119(h)..        61
      Enterprise for the Americas
        Americas Framework Agreement...  PL 87-195 Sec 710.....       352
      Excess defense articles
        Transfer of....................  PL 87-195 Sec 516(f)..       237
      Family programs
        Program violations.............  PL 106-429 Title II...       745
      Financial services
        Access to by poor people         PL 106-309 Sec 108....       489
         overseas.
      Food aid.........................  PL 87-195 Sec 300.....       141
        Long-term agricultural           PL 99-83 Sec 1008.....       627
         commodity agreements.
      Food shortage....................  PL 93-559 Sec 55......       711
      Foreign aid......................  PL 87-195 Sec 620(f)..       283
                                         PL 87-195 Sec 634.....       314
                                         PL 87-195 Sec 654.....       335
                                         PL 97-113 Sec 722.....       646
        Allocation changes.............  PL 87-195 Sec 653(a)..       334
        Countries in default...........  PL 87-195 Sec 620(q)..       286
        Cut-offs for defaults..........  PL 87-195 Sec 620(u)..       287
        Drug control...................  PL 87-195 Sec 489.....       172
                                         PL 87-195 Sec 489(b)..       175
        Economic and social growth in    PL 104-107 Sec 574....       874
         countries receiving.
        Exemptions from the Sunset Act   PL 87-195 Note........        30
         of 1995.
        International organizations....  PL 87-195 Sec 301.....       142
        Limit on transfers of funds....  PL 87-195 Note........        26
        Presidential certification.....  PL 87-195 Sec 614(c)..       276
        Presidential discretion........  PL 87-195 Sec 614.....       275
        Prior notification.............  PL 87-195 Note........        26
        Soviet Union (former),           PL 87-195 Sec 498A(c).       200
         independent states of.
        Sub-Saharan Africa.............  PL 101-513 Sec 562(c).       892
        Sunset Act of 1995.............  PL 87-195 Note........        30
      Foreign aid reprogramming
        Prior notification.............  PL 87-195 Note........        26
      Foreign governments
        Projects to promote good         PL 87-195 Sec 133(d)..        80
         governance.
      Foreign military budgets.........  PL 87-195 Sec                287
                                          620(s)(2).
      Foreign military personnel
        Training provided by United      PL 106-429 Sec 571....       800
         States.
      Foreign service officers
        Specialized training...........  PL 106-87 Sec 5.......       546
      Global Alliance for Vaccines and   PL 106-264 Sec 112....       517
       Immunizations and International
       Aids Vaccine.
      Governments (foreign)
        Debt relief arrangements.......  PL 102-391 Sec 548....       884
      Haiti
        Political and governmental       PL 106-429 Sec 558(b).       792
         activities.
      Herbicides used for drug control
        Health effects of..............  PL 87-195 Sec                163
                                          481(d)(3).
      Human rights.....................  PL 87-195 Sec 502B(b).       214
        Children.......................  PL 102-391 Sec 511....       882
        Severe forms of trafficking....  PL 87-195 Sec 502B(h).       218
        Status of......................  PL 87-195 Sec 116(d)..        50
      International arms sales
        Global code of conduct.........  PL 106-113 Sec 1262(c)       544
      International Disaster Assistance
        Supplemental appropriations....  PL 106-429 Title VI...       811
    Reports to Congress--Continued
      International Financial            PL 105-277 Sec 603(i).       864
       Institution Advisory Commission.
      International Financial
       Institutions
        Financial management reform....  PL 106-429 Sec 588(b).       807
      International Monetary Fund
        Practices consistent with U.S.   PL 106-113 Sec 503(e).       530
         policies.
        Structural reform efforts......  PL 105-277 Sec 606....       865
      International Narcotics Control    PL 87-195 Sec 489(a)..       172
       Strategy Report.
      International organizations
        Foreign aid....................  PL 87-195 Sec 306.....       148
      International University for the   PL 102-549 Sec 604....       564
       Americas.
      Israel
        Economic conditions............  PL 99-83 Sec 1205.....       627
        Loan guarantees................  PL 87-195 Sec 226(k)..        98
      Korean Peninsula Energy
       Development Organization
        U.S. contribution to...........  PL 106-429 Sec 572(d).       801
      Less developed countries
        Development and use of           PL 106-309 Sec 401(d).       495
         cooperatives.
      Malta-U.S. relations
        Static cargo x-ray facility....  PL 106-280 Sec 304....       501
      Mexico-U.S. relations
        Debt...........................  PL 104-6 Sec 403-404..       876
      Military aid (U.S.)..............  PL 87-195 Sec 506(a)..       226
                                         PL 87-195 Sec 655.....       336
      Military training to foreign       PL 87-195 Sec 656.....       337
       military personnel.
      Missile Technology Control Regime
        Foreign country adherents......  PL 90-629 Sec 73A.....       464
      Missiles and missile technology
       exports
        Sanctions waiver...............  PL 90-629 Sec 73(e)...       460
      Narcotics traffickers
        Extradition of.................  PL 106-246 Sec 3203...       831
      National Commission on the Use of  PL 106-113 Sec 1247(d)       540
       Offsets in Defense Trade.
      National Security Assistance       PL 106-280 Sec 501....       502
       Strategy.
      Nicaragua-U.S. relations.........  PL 99-83 Sec 722(j)...       614
      North Korea
        Military forces................  PL 104-208 Sec 585....       872
      Nuclear facilities...............  PL 97-113 Sec 735.....       653
      Overseas Private Investment        PL 87-195 Sec 240A....       126
       Corporation.
      Peru
        Determination by Secretary of    PL 106-429 Sec 530....       776
         State.
      Portugal
        Economic conditions............  PL 99-83 Sec 1205.....       627
      President
        Certification for export         PL 90-629 Sec 38(j)(3)       434
         exemption.
        Determining major drug transit   PL 87-195 Sec 490(h)..       180
         countries.
        Review of United States          PL 90-629 Sec 38(f)...       429
         Munitions List.
        Sanctions waiver...............  PL 90-629 Sec 102(b)..       475
      Russian Leadership Program.......  PL 106-31 Title III...       857
      Secretary of Defense
        Taiwan Relations Act...........  PL 106-113 Sec 216....       847
      Secretary of the Treasury
        Multilateral development banks   PL 106-429 Sec 802(b).       816
         procedures and management
         controls.
        World Bank and International     PL 106-429 Sec               815
         Monetary Fund policies           801(c)(2).
         implementation.
    Reports to Congress--Continued
      Security assistance surveys......  PL 90-629 Sec 26......       400
      South Asia
        Nuclear weapons non-             PL 87-195 Sec 620F(c).       300
         proliferation.
      Supplemental appropriations
        Implementation of..............  PL 106-429 Sec 528....       775
      Terrorism related assistance.....  PL 99-83 Sec 502......       587
      Terrorism-related assistance.....  PL 99-83 Sec 502......       587
      Trade and Development Agency
        Development programs...........  PL 87-195 Sec 661(d)..       342
      Trade Credit Insurance Program...  PL 87-195 Sec 225(h)..        94
      Tropical Forest Facility.........  PL 87-195 Sec 813.....       362
      Tropical forests
        Protection of..................  PL 87-195 Sec 118(f)..        59
      Turkey
        Economic conditions............  PL 99-83 Sec 1205.....       627
      U.N.
        Countries supporting United      PL 106-429 Sec 559....       792
         States.
      U.S. counter narcotic strategy
        Colombia and neighboring         PL 106-246 Sec 3202...       831
         countries.
      U.S. military stationed abroad
        Hostilities against............  PL 90-629 Sec 21(c)(2)       382
      U.S. Trade Representative
        Overseas Private Investment      PL 87-195 Sec 240B(b).       128
         Corporation.
      United Nations Population Fund
        China..........................  PL 106-429 Sec 585(d).       805
      United States Microfinance Loan    PL 87-195 Sec                 77
       Facility.                          132(b)(3).
                                         PL 106-309 Sec 107....       489
      World Bank
        AIDS trust fund................  PL 106-264 Sec 131....       521
      World food situation.............  PL 93-189 Sec 39(a)(4)       717
    Reprogramming of funds
      Foreign aid......................  PL 87-195 Sec 634A....       317
    Romania-U.S. relations
      Foreign aid......................  PL 87-195 Sec 495D....       184
      Foreign Military Financing
       Program grants
        Authorization of                 PL 106-280 Sec 515(a).       506
         appropriations, 2001-2002.
      International military education
       and training
        Authorization of                 PL 106-280 Sec 515(b).       507
         appropriations, 2001-2002.
    Russia-U.S. relations
      Foreign aid, 2001
        Presidential determination.....  PL 106-429 Title II...       754
        Technical assistance to Iran...  PL 106-429 Title II...       754
      Religious discrimination
        Foreign assistance prohibition.  PL 106-429 Sec 565....       798
      Russian Leadership Program
        Establishment of...............  PL 106-31 Title III...       855
      Space cooperation
        Annual report to Congress......  PL 106-280 Sec 708....       510
    Russian Far East-U.S. relations
      Foreign aid, 2001................  PL 106-429 Title II...       753
    Russian Leadership Program
      Advisory Board
        Establishment of...............  PL 106-31 Title III...       857
      Establishment of.................  PL 106-31 Title III...       855

                                        S

    Sabbatino Amendment
      Act of state doctrine denied       PL 87-195 Sec                282
       recognition.                       620(e)(2).
    Sahel Development Program
      Planning.........................  PL 87-195 Sec 120.....        61
    Sanctions
      Against Burma
        Foreign aid restrictions.......  PL 104-208 Sec 570....       868
      Against countries harboring war    PL 106-429 Sec 564....       794
       criminals.
        Countries defined..............  PL 106-429 Sec 564(j).       797
      Against countries transferring     PL 90-629 Sec 102(b)..       475
       nuclear devices.
      Against Serbia or Montenegro
        Termination of.................  PL 104-208 Sec 540....       867
      Agriculture Export Relief Act of
       1998
        Exemptions.....................  PL 105-194............       552
      Chemical or biological weapons
        Export controls................  PL 90-629 Sec 81......       466
                                         PL 90-629 Sec 81......       466
      Foreign persons
        Presidential determination.....  PL 90-629 Sec 81(a)(1)       466
                                         PL 90-629 Sec 81(d)...       469
        Presidential waiver............  PL 90-629 Sec 81(e)...       469
      Missiles and missile technology
        Export controls................  PL 90-629 Sec 73......       460
    Saudi Arabia-U.S. relations
      Arms sales
        AWACS..........................  PL 99-83 Sec 131......       579
    Science and technology
      (see also Technical assistance)
      Middle East
        Cooperative....................  PL 99-83 Sec 202......       582
    Scientific and Technological         PL 96-53 Sec 401-414..       672
     Cooperation, Institute for.
    Scientific exchange
      (see Educational and cultural
       exchange)
    Secondary schools
      (see Educational and cultural
       exchange)
    Security assistance (U.S.)
      (see Military aid (U.S.))
    Security investigations
      (see Loyalty)
    Security supporting assistance
      (see Economic Support Fund)
    Serbia-U.S. relations
      Foreign aid
        Notification requirements......  PL 106-429 Sec 520....       772
        Presidential determination.....  PL 106-429 Sec 594....       808
        Supplemental appropriations....  PL 106-429 Title VI...       812
      International Criminal Tribunal    PL 106-429 Sec 594....       808
       for Yugoslavia.
    Ships
      (see Naval vessels)
    Sierra Leone-U.S. relations
      Governments destabilizing
        Foreign aid prohibition........  PL 106-429 Sec 583....       804
    Slovakia-U.S. relations
      Foreign Military Financing
       Program grants
        Authorization of                 PL 106-280 Sec 515(a).       506
         appropriations, 2001-2002.
      International military education
       and training
        Authorization of                 PL 106-280 Sec 515(b).       506
         appropriations, 2001-2002.
    Slovenia-U.S. relations
      Foreign Military Financing
       Program grants
        Authorization of                 PL 106-280 Sec 515(a).       506
         appropriations, 2001-2002.
    Slovenia-U.S. relations--Continued
      International military education
       and training
        Authorization of                 PL 106-280 Sec 515(b).       506
         appropriations, 2001-2002.
    Small Business Administration
      Procurement for Agency for         PL 94-329 Sec 602.....       703
       International Development.
    Social development
      (see Alliance for Progress)
      (see Human rights)
      (see U.N.)
    South Africa (Republic of)-U.S.
     relations
      Forced relocations
        U.S. policy toward.............  PL 99-83 Sec 803......       619
    South and Central America-U.S.
     relations
      Drug control
        Supplemental appropriations,     PL 106-246 Title III..       828
         2000.
    South Caucasus and Central Asia-
     U.S. relations
      Foreign aid
        Administrative authorities.....  PL 87-195 Sec 499E....       210
        Border control assistance......  PL 87-195 Sec 499C....       209
        Definitions....................  PL 87-195 Sec 499F....       211
        Development of infrastructure..  PL 87-195 Sec 499B....       209
        Promoting democracy and          PL 87-195 Sec 499D....       210
         tolerance.
        Promoting economic growth and    PL 87-195 Sec 499A....       208
         development.
        Promoting reconciliation and     PL 87-195 Sec 499.....       208
         recovery.
    Southeast Asia
      (see also individual countries)
      (see also Indochina War)
    Southern Africa Development
     Coordinating Conference
      Foreign aid......................  PL 87-195 Sec 496(o)..       194
    Southern Africa-U.S. relations
      Economic Support Fund............  PL 99-83 Sec 802......       618
    Southern Caucasus region
      Foreign aid, 2001................  PL 106-429 Title II...       753
    Sovereignty
      (see also Courts, jurisdiction)
    Soviet Union (former)
      (see also Commonwealth of
       Independent States)
      (see also individual countries)
    Soviet Union (former)-U.S.
     relations
      Foreign aid......................  PL 87-195 Sec 498.....       195
        Authorities for assistance.....  PL 87-195 Sec 498B....       201
        Authorization of appropriations  PL 87-195 Sec 498C....       205
        Criteria for assistance........  PL 87-195 Sec 498A....       197
        Presidential determinations....  PL 87-195 Sec 498A(b).       199
    Soviet Union (former), independent
     states of
      Economic reforms
        Foreign aid restrictions.......  PL 106-429 Sec 517....       770
      Foreign aid......................  PL 87-195 Sec 498.....       195
        Notification requirements......  PL 106-429 Sec 517....       770
      Foreign aid restrictions.........  PL 106-429 Sec 517....       770
      Foreign aid, 2001................  PL 106-429 Title II...       752
                                         PL 106-429 Title II...       755
      Health activities
        Foreign aid, 2001..............  PL 106-429 Title II...       755
      Military capability
        Foreign aid restrictions.......  PL 106-429 Sec 517....       770
      Science and technology centers...  PL 106-280 Sec 303....       501
    Soviet Union (former), independent
     states of--Continued
      Territorial violations
        Foreign aid restrictions.......  PL 106-429 Sec 517....       770
    Soviet Union-U.S. relations
      Arms control
        Limiting conventional arms       PL 99-83 Sec 129......       577
         transfers.
      Biological and chemical weapons..  PL 97-113 Sec 716.....       643
      Olympic games boycott............  PL 96-533 Sec 718.....       667
    Special Defense Acquisition Fund
      Established......................  PL 90-629 Sec 51......       450
      Size of..........................  PL 97-113 Sec 108(b)..       638
      Use or transfer of items
        Restrictions on................  PL 90-629 Sec 52......       452
    Special Foreign Assistance Act of    PL 91-652.............       721
     1971.
    Special Foreign Assistance Act of    PL 99-529.............       569
     1986.
    Sri Lanka-U.S. relations
      Political settlement of internal   PL 99-83 Sec 907......       625
       differences.
    State, Department of
      Congressional oversight..........  PL 92-226 Sec 407.....       720
      International narcotics control
        Appropriations, 2001...........  PL 106-429 Title II...       755
    State, Secretary of
      Arms sales.......................  PL 90-629 Sec 2.......       370
      Colombia
        Certification to Congress......  PL 106-246 Sec 3207...       835
      Determination on Peru............  PL 106-429 Sec 530....       776
      Drug control assistance
        Coordinating U.S. activities...  PL 87-195 Sec 481(b)..       161
      Foreign aid administration.......  PL 87-195 Sec 622.....       304
      National Security Assistance
       Strategy
        Report to Congress.............  PL 106-280 Sec 501....       502
      Terrorism-related assistance.....  PL 99-83 Sec 502......       587
      U.N. programs funding increase
        Certification to Congress......  PL 106-275 Sec 113....       822
    Stock in financial institutions
      (see Capital stock)
    Stockpiling defense articles
      Military aid.....................  PL 87-195 Sec 514.....       230
    Strategic and critical materials
      Restrictions on leasing..........  PL 90-629 Sec 65(c)...       457
    Subscriptions in financial
     institutions
      (see Capital stock)
    Sudan-U.S. relations
      Arms sales credits
        Repayment......................  PL 96-92 Sec 17(b)....       668
      Economic Support Fund
        National Democratic Alliance...  PL 106-429 Title II...       750
      Export prohibitions
        Exceptions to..................  PL 106-570 Sec 501....       482
      Foreign aid......................  PL 106-570 Sec 501....       482
        Conditions for.................  PL 99-83 Sec 806......       621
        Direct funding prohibition.....  PL 106-429 Sec 507....       765
        Notification requirements......  PL 106-429 Sec 520....       772
      Military aid.....................  PL 96-53 Sec 502......       679
    Sugar
      Cuba
        Quota..........................  PL 87-195 Sec 620(a)..       279
    Support for East European Democracy
     (SEED)
      Agriculture and rural development  PL 106-429 Title II...       745
       programs.
      Excess defense articles
        Transportation funds...........  PL 104-164 Sec 105....       553
    Support for Overseas Cooperative     PL 106-309 Sec 401....       494
     Development Act.
    Support for Overseas Cooperative
     Development Act--Continued
      Findings of Congress and           PL 106-309 Sec 401(b)-       494
       declaration of policy.             (c).
    Supporting assistance
      (see Economic Support Fund)
    Syria-U.S. relations
      Aid obligation...................  PL 98-151 Sec                916
                                          101(b)(1).
      Foreign aid
        Direct funding prohibition.....  PL 106-429 Sec 507....       765
        Indirect funding prohibition...  PL 106-429 Sec 523....       773

                                        T

    Taiwan Relations Act of 1979
      Implementation of
        U.S. readiness.................  PL 106-113 Sec 216....       847
    Taiwan-China relations
      Military balance
        Report to Congress.............  PL 106-113 Sec 216....       847
    Taiwan-U.S. relations
      Arms sales to
        Congressional input on.........  PL 106-429 Sec 581....       804
      Defense treaty...................  PL 95-384 Sec 26......       688
      Immigrant visas..................  PL 97-113 Sec 714.....       642
      War reserve material
        Transfer of....................  PL 96-92 Sec 23.......       669
    Taxation
      Discriminatory
        Foreign aid cut-off............  PL 87-195 Sec                281
                                          620(e)(1)(C).
    Technical assistance
      (see also Peace Corps)
      Overseas Private Investment        PL 87-195 Sec 234(e)..       109
       Corporation.
    Technical assistance program
      Developing countries
        Authorization of appropriations  PL 87-195 Sec 129(j)..        73
        Establishment of...............  PL 87-195 Sec 129.....        68
    Technology transfer
      National security impact.........  PL 95-92 Sec 24.......       695
    Terrorism
      Condemnation of..................  PL 99-83 Sec 508......       589
      Countries aiding
        Aid prohibition................  PL 87-195 Sec 620G....       300
                                         PL 87-195 Sec 620H....       301
        Aviation boycott...............  PL 99-83 Sec 555......       589
        Ban on importation of good and   PL 99-83 Sec 505......       588
         services.
      Countries not supporting
        Arms sales conditions..........  PL 106-113 Sec               544
                                          1262(b)(4).
      Countries supporting
        Aid prohibition................  PL 87-195 Sec 620A....       290
                                         PL 106-429 Sec 549....       787
        Assistance waiver authority....  PL 87-195 Sec 620A(d).       292
        Bilateral aid prohibition......  PL 106-429 Sec 527....       775
        Prohibition on transactions      PL 90-629 Sec 40......       437
         with.
      Exports to countries supporting
        Foreign aid funds prohibition..  PL 106-429 Sec 549....       787
      Foreign aid
        Anti-terrorism assistance        PL 87-195 Sec 571-574.       254
         program.
      Foreign airport security.........  PL 99-83 Sec 551......       589
      International Anti-Terrorism       PL 99-83 Sec 506......       588
       Committee.
      Libya............................  PL 97-113 Sec 718.....       644
        Prohibition on imports and       PL 99-83 Sec 504......       587
         exports.
      National Commission on Terrorism
        Establishment of...............  PL 105-277 Sec 591....       859
    Terrorism--Continued
      Related assistance
        Coordinated by Secretary of      PL 99-83 Sec 502......       587
         State.
      State sponsored
        Civil liability................  PL 104-208 Sec 589....       872
      Terrorism-related assistance
        Report to Congress.............  PL 99-83 Sec 502......       587
      Treaty to control................  PL 99-83 Sec 507......       588
      U.S. citizens involved in........  PL 97-113 Sec 719.....       645
    Terrorism, anti
      Countries not supporting U.S.
       efforts
        Prohibited transactions........  PL 90-629 Sec 40A.....       444
      Foreign aid
        Appropriations, 2001...........  PL 106-429 Title II...       756
        Research and development         PL 104-164 Sec 122....       554
         expenses.
    Thailand-U.S. relations
      Ammunition sale..................  PL 96-92 Sec 24.......       669
    Tonkin Gulf Resolution
      Repealed.........................  PL 91-672 Sec 12......       725
    Tort claims
      (see Claims)
    Torture
      Foreign service officer training
        Report to Congress.............  PL 106-87 Sec 5.......       546
      Victims of
        Foreign aid....................  PL 87-195 Sec 130.....        73
    Torture Victims Relief Act of 1998.  PL 105-320............       547
      Domestic treatment centers.......  PL 105-320 Sec 5......       548
      Findings of Congress.............  PL 105-320 Sec 2......       547
      Foreign service officers
        Specialized training...........  PL 105-320 Sec 7......       549
      Multilateral assistance..........  PL 105-320 Sec 6......       549
      Training for Foreign Service
       Officers
        Report to Congress.............  PL 106-87 Sec 5.......       546
    Torture Victims Relief               PL 106-87.............       545
     Reauthorization Act of 1999.
      Domestic treatment centers.......  PL 106-87 Sec 3.......       545
      Foreign treatment centers........  PL 106-87 Sec 2.......       545
      Multilateral assistance..........  PL 106-87 Sec 4.......       545
    Trade
      (see also Imports)
      Arms (see Arms sales)
      Commercial Service Officers
        Increase in....................  PL 102-549 Sec 701....       565
      Cuba
        Embargo........................  PL 87-195 Sec 620(a)..       279
      Trade and Development Agency.....  PL 102-549 Sec 202....       558
      United States Commercial Centers.  PL 102-549 Sec 401....       561
    Trade and Development Agency
      Appropriations, 2001.............  PL 106-429 Title I....       743
      Development programs
        Authorization of appropriations  PL 87-195 Sec 661(f)..       342
        Foreign aid....................  PL 87-195 Sec 661.....       340
        Report to Congress.............  PL 87-195 Sec 661(d)..       342
    Trade and Development Program
      (see Trade and Development
       Agency)
      Renamed Trade and Development      PL 102-549 Sec 202....       558
       Agency.
    Trade Credit Insurance Program
      Central America..................  PL 87-195 Sec 224.....        92
      Poland...........................  PL 87-195 Sec 225.....        93
      Report to Congress...............  PL 87-195 Sec 225(h)..        93
    Trade Promotion Coordination
     Committee
      Capital projects.................  PL 102-549 Sec 304....       560
    Trafficking, international
      Study of
        Appropriations, 2001...........  PL 106-554 Sec 601....       825
    Treasury, Department of
      Debt restructuring
        Appropriations, 2001...........  PL 106-429 Title II...       757
      International affairs technical
       assistance
        Appropriations, 2001...........  PL 106-429 Title II...       757
    Treasury, Secretary of
      Certification to Congress
        World Bank policies              PL 106-429 Sec               814
         implementation.                  801(c)(1)(A).
      Debt relief
        Report to Congress.............  PL 106-429 Sec 803(d).       817
      Developing countries
        Technical assistance...........  PL 87-195 Sec 129.....        68
      International Financial            PL 105-277 Sec 603....       863
       Institution Advisory Commission.
      Multilateral development banks
        Strengthening procedures and     PL 106-429 Sec 802(b).       816
         management controls.
      Report to Congress
        World Bank and International     PL 106-429 Sec               815
         Monetary Fund policies           801(c)(1)(B).
         implementation.
    Tropical Forest Conservation Act of  PL 87-195 Sec 801.....       352
     1998.
      Definitions......................  PL 87-195 Sec 803.....       354
    Tropical Forest Facility
      Establishment of.................  PL 87-195 Sec 804.....       355
      Report to Congress...............  PL 87-195 Sec 813.....       362
    Tropical forests
      Agency for International
       Development
        Country analysis requirements..  PL 87-195 Sec 118(e)..        58
      Conservation of..................  PL 87-195 Sec 802.....       353
      Developing countries
        Eligibility for benefits.......  PL 87-195 Sec 805.....       355
      Enterprise for the Americas Board  PL 87-195 Sec 811.....       361
      Protection of
        Agency for International         PL 87-195 Sec 118(e)..        58
         Development.
        Private and voluntary            PL 87-195 Sec 118(d)..        58
         organizations.
        Reports to Congress............  PL 87-195 Sec 118(f)..        59
      Tropical Forest Agreement
        Contents of....................  PL 87-195 Sec 809(b)..       359
        Secretary of State.............  PL 87-195 Sec 809.....       359
      Tropical Forest Fund
        Establishment of...............  PL 87-195 Sec 810.....       361
    Tunisia-U.S. relations
      Arms sales
        Foreign aid, 2001..............  PL 106-429 Title III..       760
      Economic Support Fund............  PL 99-83 Sec 805......       620
    Turkey-U.S. relations
      Arms sales
        Conflict with Cyprus...........  PL 99-83 Sec 101(f)...       577
      Arms sales credits
        Repayment......................  PL 96-92 Sec 17(b)....       668
      Eastern Mediterranean policy.....  PL 95-384 Sec 13......       686
      Economic conditions
        Impact on foreign debt.........  PL 99-83 Sec 1205.....       627
      Economic Support Fund
        Fiscal Year 1979 supplemental    PL 96-92 Sec 27.......       670
         authorization.
      Foreign aid
        Disaster relief................  PL 87-195 Sec 495E....       185
      International military education
       and training
        Authorization of                 PL 106-280 Sec 512....       503
         appropriations, 2001-2002.
      Resolution in Cyprus.............  PL 87-195 Sec 620C....       292
                                        U

    U.N.
      Arms sales.......................  PL 90-629 Sec 4.......       378
      Arms trade, debate on............  PL 91-672 Sec 6.......       725
      Countries supporting United
       States
        Report to Congress.............  PL 106-429 Sec 559....       792
      Countries supporting U.S. policy
        Report to Congress.............  PL 101-167 Sec 527....       898
      Dues for membership
        Foreign aid cut-off for          PL 87-195 Sec 620(u)..       287
         defaults.
      FAO (see FAO)
      Food supplies
        Conference on..................  PL 93-189 Sec 39......       717
      General Assembly resolution
        International corruption.......  PL 106-309 Sec 202....       492
      Increased funding for programs
        Certification to Congress......  PL 106-275 Sec 113....       822
      International Atomic Energy
       Agency
        Program review, evaluation, and  PL 87-195 Sec                143
         audit.                           301(e)(1).
      International Organizations
        Use of membership funds........  PL 96-53 Sec 114......       671
      Lodge Commission.................  PL 92-226 Sec 410.....       720
      Man and the Biosphere Program
        Aid prohibition................  PL 106-429 Sec 580....       804
      Member countries
        Financial obligations to.......  PL 97-113 Sec 717.....       644
      Membership dues
        Foreign aid funds prohibition..  PL 106-429 Sec 546....       786
      Nonaligned countries
        Communique by..................  PL 97-113 Sec 720.....       645
      Peacekeeping operations
        Providing data on costs........  PL 87-195 Sec 554.....       253
      Relief and Works Agency
        Middle East....................  PL 87-195 Sec 301(c)..       142
      Sanctions against Iraq
        Countries not in compliance....  PL 106-429 Sec 534....       779
      Technical assistance programs
        Funding transfer to the United   PL 87-195 Sec 301(g)..       144
         Nations Development Program.
      United Nations Environment
       Program
        U.S. contributions to..........  PL 99-83 Sec 402......       586
      United Nations Environment
       Program Participation Act of
       1973
        Appropriations, 2001...........  PL 106-429 Title IV...       763
      United Nations Fund for Science
       and Technology
        Foreign aid funds prohibition..  PL 106-429 Title IV...       764
      United Nations High Commissioner
       for Refugees
        Appropriations, 2001...........  PL 106-429 Title II...       755
      United Nations Population Fund
        Appropriations, 2001...........  PL 106-429 Sec 585(a).       805
      Voluntary contributions
        Restrictions on................  PL 106-429 Sec 560....       793
      War Crimes Tribunal
        Drawdown.......................  PL 106-429 Sec 552....       788
      World Food Program
        Appropriations, 2001...........  PL 106-429 Title IV...       764
      World Heritage Fund
        Aid prohibition................  PL 106-429 Sec 580....       804
    U.S. Information Agency
      Congressional oversight..........  PL 92-226 Sec 407.....       720
    U.S. Trade Representative
      Overseas Private Investment
       Corporation
        Reports to Congress............  PL 87-195 Sec 240B(b).       128
    Uganda-U.S. relations
      Elections in
        Foreign aid consideration......  PL 96-533 Sec 719.....       667
    Ukraine-U.S. relations
      Foreign aid, 2001................  PL 106-429 Title II...       753
      Land Resources Management Center
        Foreign aid, 2001..............  PL 106-429 Title II...       753
      Nuclear reactor safety
       initiatives
        Foreign aid, 2001..............  PL 106-429 Title II...       753
    Union of Soviet Socialist Republics
      (see Soviet Union)
    United Arab Republic
      (see Egypt-U.S. relations)
    United Nations Educational,
     Scientific and Cultural
     Organization
      (see UNESCO)
    United Nations Monetary and
     Financial Conference
      (see Bretton Woods)
    United States Commercial Centers
      Authorization of appropriations..  PL 102-549 Sec 401(i).       563
    United States Microfinance Loan      PL 87-195 Sec 132.....        77
     Facility.
      Definitions......................  PL 87-195 Sec 132(e)..        78
      Report to Congress...............  PL 87-195 Sec                 77
                                          132(b)(3).
                                         PL 106-309 Sec 107....       489
    United States Munitions List
      Export and import controls.......  PL 90-629 Sec 38......       424
      Review of by President
        Report to Congress.............  PL 90-629 Sec 38(f)...       429
    United States Telecommunications
     Training Institute
      Appropriations, Fiscal Year 2001.  PL 106-429 Title II...       746
    Uranium
      Export of........................  PL 96-533 Sec 110.....       656
    Uruguay-U.S. relations
      Foreign aid......................  PL 99-83 Sec 720......       607
    USSR
      (see Soviet Union)

                                        V

    Vietnam War
      (see Indochina War)
    Vietnam-U.S. relations
      Aid prohibition..................  PL 95-424 Sec 602.....       685
      Aliens in the United States
        Status of......................  PL 106-429 Sec 586....       806
      Amerasians
        Admission to United States.....  PL 100-202 Sec 584....       914
      Foreign aid
        Prohibited.....................  PL 96-533 Sec 717.....       666
    Voluntary agencies
      Foreign aid......................  PL 87-195 Sec 635(c)..       318
        Services and commodities.......  PL 87-195 Sec 607.....       268
      Transfer of excess property to...  PL 87-195 Sec 607.....       268
    Volunteer service programs
      (see also Peace Corps)

                                        W

    Weapons
      Chemical
        Transport from Okinawa.........  PL 91-672 Sec 13......       725
    Weapons proliferation
      Chemical and biological
        Controls.......................  PL 87-195 Sec 581.....       258
    Weapons proliferation--Continued
      Chemical, biological, and
       conventional
        Export control.................  PL 87-195 Sec 581.....       258
      Control of
        Foreign aid....................  PL 87-195 Sec 585.....       259
      Interdiction
        Foreign aid....................  PL 87-195 Sec 583.....       258
    West Bank and Gaza-U.S. relations
      ESF
        Review of U.S. assistance......  PL 106-429 Sec 578....       803
        Supplemental appropriations....  PL 106-113 Title VI...       845
    Western Sahara-U.S. relations
      Foreign aid
        Conditions for.................  PL 99-83 Sec 808......       621
    Women
      Economic Development process.....  PL 87-195 Sec 113.....        48
      Female genital mutilation
        U.S. opposition to.............  PL 104-208 Sec 579....       870
      International organizations
        Integration into policy-making   PL 87-195 Sec 305.....       148
         positions.
      Sub-Saharan Africa
        Developmental activities         PL 87-195 Sec 496(g)..       191
         participation.
      United Nations Decade for Women..  PL 87-195 Sec 113(c)..        48
    Worker rights
      Internationally recognized
        Restrictions under this Act....  PL 102-549 Sec 802....       566
    World Assembly on Aging
      Convening of.....................  PL 95-424 Sec 117(e)..       682
    World Bank
      AIDS trust fund
        Administration of..............  PL 106-264 Sec 121....       520
        Advisory Board of..............  PL 106-264 Sec 124....       521
        Annual report to Congress......  PL 106-264 Sec 131....       521
        Authorization of                 PL 106-264 Sec 141....       522
         appropriations, Fiscal Year
         2001-2002.
        Establishment of...............  PL 106-264 Sec 121....       518
        Grant authorities..............  PL 106-264 Sec 122....       519
      Appropriations, 2001.............  PL 106-429 Title IV...       762
      Policies implementation
        Certification by Secretary of    PL 106-429 Sec               814
         the Treasury.                    801(c)(1)(A).
      Program review, evaluation, and    PL 87-195 Sec                143
       audit.                             301(e)(2).
    World Food Conference
      Presidential implementation of     PL 93-559 Sec 55......       711
       policies.
    World Food Program
      Appropriations, 2001.............  PL 106-429 Title IV...       764

                                        Y

    Yugoslavia (Former)
      War Crimes Tribunal
        Information on.................  PL 106-429 Sec 552....       788
    Yugoslavia-U.S. relations
      Overseas Private Investment
       Corporation
        Presidential determination.....  PL 87-195 Sec 239(f)..       124

                                        Z

    Zaire-U.S. relations
      Economic Support Fund............  PL 99-83 Sec 804......       620
      Shaba airlift....................  PL 96-92 Sec 26.......       669
    Zimbabwe-U.S. relations
      Foreign aid
        Notification requirements......  PL 106-429 Sec 520....       772

    To use the index on the left, bend the publication over and locate the desired section by following the blank markers.

    FOREIGN ASSISTANCE (p. 1)

    APPENDICES (p. 925)

    INDEX (p. 965)

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